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Failure to Diagnose Breathing Problem Results In Structured Settlement of Over $1,000,000

Attorneys Joseph Manna and Lynn Bochenek recently obtained a structured settlement of over 1,000,000 for their client against a hospital that failed to diagnose and treat an intubation problem, which caused the death of a father. The patient had been intubated after sustaining non-life threatening burns in a house fire. He was rushed to a hospital where he was recovering while intubated.

What is Intubation?

Intubation is the use of a breathing tube to deliver oxygen to a patient’s lungs. Many times, a patient’s natural breathing is suppressed with medications in order to ventilate the patient more comfortably and efficiently. When this type of ventilation is done, the patient is unable to breath on their own and healthcare providers must be careful that there are no problems with the breathing tube. If problems with the intubation tube arise, they must be addressed immediately so that the patient is not deprived of life giving oxygen.
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$1,012,500 Settlement Obtained for Delayed Diagnosis of Emergency Back Condition

Attorneys Joseph Manna and Lynn Bochenek recently obtained a $1,012,500 settlement in a medical malpractice case for a man who suffered injuries due to the failures of a hospital and chiropractor to diagnosis and treat cauda equina syndrome (CES).

Cauda Equina Syndrome (CES)

CES is a condition that occurs when the bundle of nerves below the end of the spinal cord, known as the cauda equina, is damaged. Signs and symptoms may include low back pain, pain that radiates down the leg, numbness around the anus, inner thighs and groin, and loss of bowel or bladder control. A hallmark sign of CES is saddle anesthesia, which is numbness and tingling in the areas that come in contact with a saddle if one were riding a horse.

The cause of CES is usually a severely herniated disc in the low back. Other causes can include spinal stenosis, cancer, trauma, epidural abscess, and epidural hematoma. The diagnosis of CES is suspected based on symptoms and confirmed by medical imaging such as MRI or CT scan.
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The Buffalo News Reports on Bishop Richard Malone Press Conference

Attorney Barry Covert provided comment for an article published in The Buffalo News regarding a recent news conference given by Bishop Richard Malone of the Catholic Diocese of Buffalo.  This is the first press conference Bishop Malone has given since November 2018.

The Buffalo New article states that Bishop Malone faced renewed criticism for his handling of clergy sexual abuse cases in August, when the Child Victim Act’s Look-Back Window took effect. However, this press conference, which took place on September 4th, was held to address reports of how Bishop Malone handled a different matter of clergy misconduct

Earlier in the day, ABC News and WKBW published stories regarding a second whistleblower who came forward due to concerns over Bishop Richard Malone. As detailed in a previous post, the whistleblower is Fr. Ryszard Biernat, who served as Bishop Malone’s secretary and diocesan vice chancellor. Fr. Biernat is represented by attorney Barry Covert.

Fr. Biernat began to record Bishop Malone due to the way he handled allegations made against a parish pastor within the Buffalo Diocese, Fr. Jeffrey Nowak. Fr. Nowak was accused of misconduct and sexual harassment by a seminarian within the Buffalo Diocese, Matthew Bojanowski. Matthew Bojanowski is also represented by Barry Covert.
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