$6.25 Million Settlement - Breast Cancer Misdiagnosis

Timothy M. Richardson And Daniel E. O'Brien Finalize Misdiagnosed Breast Cancer Settlement for $6,250,000

Cook County — January 3, 2022

Daniel E. O'Brien & Timothy Richardson finalized a $6,250,000.00 settlement in a case involving misdiagnosis of breast cancer. The plaintiff, a 48-year-old woman, received a mammogram in 2016, and while the radiologist identified an asymmetry, they concluded that the findings were normal. In 2017, the plaintiff experienced a number of severe symptoms, including abdominal pain and swelling and nausea, and after receiving emergency treatment, she was diagnosed with Stage IV breast cancer. The cancer had metastasized and spread to other parts of her body, including the intestines, lumbar spine, ovaries, and fallopian tubes. As a result, she received a hysterectomy and she required the implantation of stents in the urethra which need to be changed every four months. While she was able to receive chemotherapy and other forms of medication, her cancer will result in her death at some point in the future. If the cancer had been diagnosed correctly in 2016, it would likely have been at Stage III, and she would have been able to receive life-saving treatment and avoided the invasive procedures that were required once the cancer progressed to Stage IV. Because the plaintiff suffered harm due to the misdiagnosis of breast cancer, the radiologist agreed to pay her $1 million, and the hospital where the radiological tests were performed agreed to pay $5.25 million.

Winters Salzetta O'Brien & Richardson, LLC Obtains $750,000 Settlement for Spine Injuries

Cook County - January 17, 2020

Attorney Timothy Richardson recently obtained a large settlement for a woman who suffered a serious spine injury in a car accident. Our client, a 43-year-old part-time teacher, was T-boned by an employee of a telecommunications company who failed to stop at a stop sign. The collision, which took place in September 2016 in Will County, resulted in an aggravation of her pre-existing spondylosis, a degenerative spinal condition involving bone spurs, degenerative discs between spinal vertebrae, and osteoarthritis. Due to these injuries, she required spinal surgery (anterior discectomy with fusion) nearly two years later in August 2018.

Mr. Richardson sought to hold the telecommunications company responsible for the injuries caused by their employee. While the defendant claimed that our client's surgery was unrelated to the accident, since she had seen a doctor for her cervical spine condition in the week before the accident, and surgery was recommended before the accident took place, they agreed to pay a settlement of $750,000.

About Winters Salzetta O’Brien & Richardson, LLC:

The Chicago law firm of Winters Salzetta O'Brien & Richardson, LLC is one of the premier personal injury firms in Illinois. Our attorneys have been recognized by our peers for providing outstanding legal representation for clients injured by car accidents, medical negligence, workplace accidents, premises liability, nursing home abuse or neglect, and wrongful death. To learn more about our services or to arrange a complimentary consultation, call our office at 312-236-6324 or contact us online.

$1.325 Million Settlement - Breast Cancer Misdiagnosis

Timothy M. Richardson And Daniel E. O'Brien Finalize Misdiagnosed Breast Cancer Settlement For $1,325,000 With Gynecologist, Radiological Facility And Radiologist.

Cook County — November 1, 2021

On November 1, 2021, Timothy M. Richardson and Daniel E. O'Brien finalized a $1,325,000 settlement in a misdiagnosed breast cancer case involving a 50-year-old woman. The matter was settled after the plaintiff presented her expert witnesses and cross-examined all four defense experts at deposition.

In January of 2014, the plaintiff, who was 43 years old, appeared at her gynecologist’s office for her annual exam with complaints of a new breast mass that was about two centimeters in size. The mass was located on the extreme right medial breast which is considered an uncommon location. The defendant's gynecologist decided to aspirate the mass with a syringe to determine if it was blood or fluid-filled. After aspirating blood from the mass, the defendant's gynecologist decided to dump the bloody fluid down the sink rather than having it sent to cytology for proper examination. Additionally, the defendant's gynecologist decided to use an abdominal ultrasound transducer to radiograph the mass rather than a required breast ultrasound transducer. The defendant's gynecologist claimed that the mass was not on the breast but rather was on the sternum, so no further workup was necessary. The gynecologist failed to include breast cancer in his differential diagnosis which would have required referring the plaintiff for a specialized radiological workup and a referral to a specialist for a breast biopsy.

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Report Of Settlement—nursing Home Neglect: $3,475,000.00

Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement for nursing home neglect

Cook County - June 2, 2021

On June 2, 2021, Daniel E. O’Brien and Timothy M. Richardson finalized a $3,475,000.00 settlement on behalf of the Estate of a twenty-nine year old female disabled resident who died as a result of hanging by per purse strap that was negligently wrapped around her wheelchair handle. Daniel O’Brien, who took the majority of depositions in the matter, stated that the case clearly involved an avoidable tragedy that would not have happened if proper supervision and safety checks were implemented in accordance with Illinois Rules, Regulations and Administrative Codes. The case was settled against a confidential suburban developmental disability housing facility for adults.

On April 18, 2017, 29 year old mentally disabled female resident was found by staff hanging by her purse strap from her wheelchair. The records indicated that the resident had three prior episodes of sliding out of her wheelchair and falling on the floor. The nursing home failed to provide her the wheelchair that was specifically fitted to her to compensate for her disabilities. On the date of the incident, the disabled resident was allowed to remain in her room for hours after being placed there by a staff member without proper supervision and adequate safety checks. Additionally, staff allowed resident to keep her purse around her shoulder when she was wheeled into her room after dinner and left her unsupervised. Allegedly, resident slid out of her wheelchair again as her purse strap was caught around the wheelchair handle and her neck. This resulted in acute asphyxiation and death by hanging. The resident was survived by her 69 year old mother. Mr. Richardson advised that the treating pathologist testified that the disabled resident likely suffered one minute of conscious pain and suffering based on physical bruises and laboratory studies.