Missouri Injury Lawyer Blog

A woman with a brain tumor who was left blind, paralyzed and brain damaged after emergency room doctors failed to order a simple CT scan has been awarded $11.2 million by a Philadelphia jury, The Philadelphia Inquirer reports.

Yanira Montanez, a 20-year-old mother with a four-month-old baby, arrived at the Episcopal Hospital emergency room in Philadelphia complaining of headaches, numbness, nausea, and vomiting. She was given medication and discharged. The next day, Montanez went to Northeastern Hospital complaining of the same symptoms. Once again, she was given medication to treat her symptoms and sent home. On the third day, she returned but was only given medication. The following day, Montanez passed out at home and fell down the stairs allegedly due to the brain tumor.

Her lawyers argued that Montanez exhibited symptoms that indicated she had a brain tumor. If the doctors had ordered a CT scan on any of the previous days, the tumor could have been treated before she was left permanently disabled. But because Montanez’s health coverage was through Medicaid, her lawyers argued, the hospital knew it would only be reimbursed $135 for a procedure that costs more than $3,000 and therefore they did not order the test.

Montanez filed a medical malpractice suit against the three emergency room doctors, the two hospitals and the Temple University Health System. On Aug. 18, a jury awarded Montanez $11.2 million, including $5.9 million for future medical expenses.

After the verdict, Kenneth M. Rothweiler, the attorney who represented Montanez, said the case highlighted the issue of economic discrimination.

“People on Medicaid don’t get the same treatment in the emergency room as people with private insurance. Anybody with those symptoms and a Blue Cross Blue Shield card or comparable insurance would have been CT scanned on the first visit.”

At The Lowe Law Firm, we are experienced in handling cases involving the negligence of emergency room doctors. If an emergency room physician does not make the correct diagnosis, order an appropriate test, or admit a patient in serious distress, it can lead to serious injury and death.

If you are suffering from an injury or you have lost a loved one as a result of medical malpractice, contact The Lowe Law Firm immediately through our online contact form or by calling 877-678-3400. We will meet with you at your convenience for a free consultation to discuss your options.

Last week, lawmakers passed the Consumer Product Safety Improvement Act of 2008 which is expected to be signed by the president.

The new law would subject all-terrain vehicles made in China to U.S.-industry rules. The measure would also give the Consumer Product Safety Commission more authority to regulate ATVs.

The St. Louis Post-Dispatch reports in “Chinese-made ATVs add threat to the unregulated industry,” 850 people are killed every year in ATV-related accidents. That means, on average, two people every day die as a result of an all-terrain vehicle.

The article written by reporter Bill Lambrecht points out that Chinese-made ATVs now account for about half of all ATV sales in the United States . The models made in China are often constructed with lower-quality metal and parts. Models made for children may be more powerful than those made in the U.S.

U.S. makers of ATVs supported the legislation, calling the Chinese models unsafe. But some consumer rights groups, citing the number of fatalities and injuries linked to ATVs, say that the measure doesn’t go far enough. It simply protects the economic interests of U.S. manufacturers without imposing greater regulation.

Rachel Weintraub, who is with the Consumer Federation of America, said:

“The legislation creates an equal playing field but not necessarily a safe playing field.”

As Weintraub notes, the playing field isn’t necessarily safe. Because of their inherently unstable design, ATVs, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

As a result of dangerous designs and manufacturing defects, children and adults have suffered brain injuries, spinal cord injuries and amputations and have even been killed in ATV accidents.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.