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Incorrect surgical procedure results in large worker’s compensation and medical malpractice award.

Client injured his low back while working as a unionized laborer. After conservative treatment failed, he elected for a back surgery that was designed to help him get back to work with his employer. Tragically, the surgeon operated on wrong disc level causing the necessity of a later, much more invasive surgery that destroyed client’s ability to return to his job. He was represented on his workers’ compensation claim by Ben Lavoie and by both Jim and Ben Lavoie on the medical malpractice claim. Result – $660,000 total recovery from both claims.

Doctor’s negligent administration of a routine procedure results in catastrophic injury to a 49 year old woman.

When a 49 year old woman went to her doctor for treatment of a cough and cold she never imagined that her life would change forever because of the doctor’s negligence. Many years before, the plaintiff had suffered a gunshot wound to the head which left her without a portion of her skull near her left ear. The defendant physician was well informed of the plaintiff’s prior injury and vulnerability. Unfortunately, in treating the plaintiff’s cold and cough, the defendant physician ordered an ear lavage which introduced water and contaminates through the defect in her skull and into her brain. She was found hours later suffering a seizure and was ultimately diagnosed with meningitis, hydrocephalus, and a cerebral spinal fluid leak. Despite emergency brain surgery, she spent the next year and a half in a coma. While she has made a miraculous recovery, she remains profoundly disabled and requires daily care and assistance with all of her personal needs. Grim Howland and Ben Lavoie started a lawsuit on the plaintiff’s behalf and shortly thereafter the defendant’s insurer offered its $4,000,000 policy limit. Represented by Ben Lavoie and Grim Howland. Result – $4,000,000 settlement.

Jury finds doctor negligent in care of post-surgical infection.

17 year old client underwent open reduction of his fractured ankle with the use of plates and screws by Defendant medical clinic’s orthopedic surgeon. After surgery, the wound became badly infected. Instead of referring our client to an infectious disease specialist or asking a plastic surgeon with infection control expertise, the orthopedic surgeon kept the patient to himself, and tried and failed on two different occasions to surgically remove the infection on the client’s ankle. On both attempts the surgeon sutured the wound tightly closed, encapsulating a still active infection. When it became obvious the wound remained badly infected, our client was referred to a plastic surgeon who performed emergency surgery to save his endangered limb. The new physician cured the infection and performed tissue transfer reconstructive surgery to close our client’s large resulting wound. Represented by Jim Lindell.Following a weeklong trial, the jury in a rural Minnesota county awarded our client $584,000 in damages.

Lindell & Lavoie, LLP
2420 Centre Village
431 South Seventh Street
Minneapolis, MN 55415-1801

Toll Free: 888-339-8811
Phone: 612-339-8811
Fax: 612-349-6806

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