Iowa Personal Injury________________________________________________
Settlement-$3,000,000.00
We represented a 13 year old middle school student who was struck by a truck while attempting to cross traffic in the middle of the block. The child sustained a severe injury which left him unable to communicate. The defense alleged the child was negligent for failing to cross at the crosswalk. Much of the funds went into a Special Needs Trust to avoid rendering the client ineligible for Social Security and Medicaid benefits.
July 2002 Jury Verdict - $1,153,745.34
Our client lost his thumb and three fingers when a guard was left off of a gear on a machine that he was operating. Actions in Iowa against a co-employee can only be pursued on grounds of gross negligence and not mere negligence. No offer was made prior to trial. The jury returned a verdict of $1,153,745.34.
Failure to Diagnose Breast Cancer- Settlement $700,000.00
We represented a 49 year old woman who had a family history of breast cancer and was diagnosed with a lump in her breast. The treating family physician failed to order a biopsy. She developed breast cancer and underwent marrow transplant but did not survive. The damages were premised upon a lost chance of survival theory. The case was settled after filing suit.
Failure to Diagnose Prostrate Cancer-Settlement $700,000.00
Our client scored a high PSA test in a physical examination done by a family physician. The physician failed to advise our client of the high PSA or make a referral to an urologist. The client developed prostrate cancer. The case was premised on the basis of a loss chance of survival.
Settlement $800,000.00
Our client underwent a surgical procedure at a hospital. We alleged negligence due to the failure to transfer for immediate surgery which resulted in partial paralysis of the client's legs. We alleged significant findings at the hospital were ignored which should have alerted treating surgeons. The case was settled after filing suit.
Iowa Wrongful Death________________________________________________
Settlement
We settled a case against a municipality for a police officer who entered into an intersection with lights and siren at what we alleged was excessive speed. Under Iowa law, you cannot recover against an emergency vehicle operator even if you establish negligence. The legislature has required that reckless conduct must be established before the operator can be responsible. We were able to prove that a jury would likely find the police officer reckless. Payment was made to the surviving mother for a consortium claim since the young man was not yet 18. We also received payment to the estate of the deceased.
Serving Des Moines and Central Iowa in Criminal Defense, Medical Malpractice and Wrongful Death and Personal Injury Representation. Ames and Des Moines , Iowa Attorneys practicing in central Iowa. Lawyers at Kutmus and Pennington are dedicated to serve their clients in central Iowa, including the cities of Ames and Des Moines, and the communities that make up Story and Polk Counties.
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