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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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License Remains Revoked for Negligent Day Care Center Where Toddler Was Injured

The Buffalo News recently published an article detailing a judge’s ruling on the license status of a negligent day care center operator.  The article is the latest in a series of reports from The Buffalo News on the case involving injured toddler, Malania Chevere.

In July 2018, Malania Chevere, who was just a few days away from her second birthday, suffered a brain injury while in the care of Mozee’s Ultimate Family Daycare. An investigation is ongoing to determine how the toddler was injured at the day care center.

Attorney William P. Moore, a Senior Partner in Lipsitz Green Scime Cambria’s Personal Injury department, represents Malania Chevere’s parents, Brittany Elliott and Greg Chevere.

Following Malania Chevere’s catastrophic injury, the New York State Office of Children and Family Services revoked the license of the day care center’s owner, Desiree “Debbie” Mozee. Recently, Ms. Mozee appealed to a state administrative law judge to have her license reinstated so she can reopen Mozee’s Ultimate Family Daycare.
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