Recent Verdicts, Settlements, and Case Information

Physicians, hospitals and their insurance companies require that the terms of essentially every medical malpractice settlement be kept strictly confidential. Therefore, we are not able to provide details of the many recent settlements we have achieved for our clients. Below is a list of the types of cases we’ve recently settled:

  • Obstetrical errors resulting in brain damage to infants
  • Obstetrical errors resulting in death of infants
  • Spinal cord injuries and paralysis resulting from improper neurosurgical technique
  • Spinal cord injuries resulting from inadequate monitoring following spine surgery
  • Spinal cord injuries caused by failure to diagnose and treat post-operative hematoma
  • Brain injury and paralysis from delay in diagnosis and treatment of stroke in hospital emergency department
  • Brain injury and paralysis from delay in diagnosis and treatment of aneurysm in hospital emergency department
  • Death caused by mal-positioned central line catheter
  • Multiple amputations resulting from delayed treatment of infected kidney stones
  • Unnecessary spine surgery
  • Obstetrical medication error resulting in birth defects
  • Severe allergic reaction to anti-biotics resulting in Stevens-Johnson syndrome
  • Deaths caused by failure to appropriately treat brain hemorrhage in hospital emergency department
  • Deaths due to misinterpretation of radiology study that resulted in delayed diagnosis and treatment of cancer
  • Deaths caused by failure of primary care physician to follow up on abnormal laboratory results which resulted in delayed diagnosis of breast cancer
  • Deaths caused by failure of primary care physician to follow up on abnormal laboratory results which resulted in delayed diagnosis of colon cancer
  • Deaths caused by failure of primary care physician to follow up on abnormal laboratory results which resulted in delayed diagnosis of ovarian cancer
  • Loss of lung due to error during thoracic surgery
  • Permanent disability due to delay in treating necrotizing fasciitis
  • Cauda equina syndrome caused by failure to adequately perform discectomy and decompressive laminectomy
  • Cauda equina syndrome caused by failure to drain hematoma following spine surgery
  • Cauda equine syndrome caused by failure to treat epidural abscess

Read about our recent Verdicts and Judgments

$1.5 Million Jury Verdict – Wrongful Death Lawsuit (Sanders v. PeaceHealth)

After a three-week trial a Lane County jury ruled that PeaceHealth failed to perform a routine blood test on, and provide appropriate antibiotics to, a University of Oregon athlete who died of meningococcal disease during a campus outbreak in 2015. The athlete went to the Emergency Dept. with a 103 degree fever and muscle spasms. After 3 hours in the ED she was diagnosed with a flu-like illness and sent back to her dorm room, where she died later in the day.
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$4.6 Million Jury Verdict – Negligent Lumbar Spine Surgery (Croff v. Roberts)

After eight days of trial a Portland Jury awarded a young couple nearly $4.6 Million in damages against neurosurgeon Warren Roberts, M.D.. An MRI scan showed that Jason Croff, age 28, had a massive herniated disc in his lumbar spine that almost completely effaced his spinal canal, severely compressing his nerve roots. Dr. Roberts performed surgery in an attempt to remove the herniated disc and relieve compression on the cauda equina. According to testimony of other neurosurgeons, including one who re-operated on Mr. Croff, Dr. Roberts’ surgery achieved no decompressive effect whatsoever on Mr. Croff’s spinal canal. As a result, Mr. Croff developed a partial cauda equina syndrome which permanently damaged his urinary system and genitals.
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$12,000,000 Jury Verdict due to Pediatric Surgical Error (Tyson Horton v. OHSU)

At approximately 9 months of age Tyson Horton underwent surgery at OHSU for removal of a cancerous liver tumor. His parents were assured by OHSU physicians that the surgery would cure him of cancer, since the tumor was isolated in one lobe of his liver. A catastrophic error during surgery destroyed the blood supply to Tyson’s entire liver. His parents were told the only hope for survival was Life Flight transport to Stanford Medical Center for emergency liver transplant. Because no other suitable donor could be found in time, his mother donated a portion of her liver to Tyson. Miraculous medical care at Stanford saved Tyson’s life, but despite health insurance his parents were left approximately $4 million in debt for hospital bills and Tyson faces life long medical challenges. After nearly 2 weeks in trial a Multnomah County jury awarded Tyson over $12 million damages against OHSU.
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$13,000,000 in Judgments Awarded to Six Spine Surgery Patients

Miller & Wagner handled over two dozen lawsuits against a neurosurgeon and the facilities where he operated for allegedly performing unnecessary spine surgeries on unsuspecting patients. Following multiple confidential settlements the last of those cases resulted in Judgments in favor of six injured patients in the following amounts:

$4.7 Million (Rose v. Makker), $2.4 Million (Nelson v. Makker), $1.85 Million (Hodgen v. Makker), $1.75 million (Jones v. Makker), $1.15 million (Mulling v. Makker), $1.15 Million (Mulling v. Makker)

$2.95 Million Jury Verdict – Negligent Pre-Natal Testing (Levy v. Legacy)

A Portland, Oregon jury returned a unanimous verdict in favor of parents of a child born with Down’s Syndrome, awarding cost of care damages in the approximate sum of $3 million. The case was thought to be one of the first in the nation involving allegations of negligence in the performance of pre-natal testing, which caused the diagnosis of Down’s Syndrome to be negligently missed by the health care providers.

$1.75 Million Jury Verdict – Wrongful Death from Malpositioned Central Line Catheter (Jagger v. Waters)

A Salem, Oregon jury returned a unanimous verdict in favor of the surviving children of a woman who died from a negligently placed catheter that punctured her heart. Dave Miller and Bob Wagner argued that the surgeon’s negligence was so egregious as to warrant punitive damages. The jury agreed, awarding $1 million in punitive damages, as well as $750,000 in compensatory damages. This is believed to be the only case in Oregon history in which a jury has awarded punitive damages against a physician for substandard medical care.

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