After a jury had been empaneled and opening statements were about to be delivered, attorneys Daniel S. Weinstock and Daniel J. Mann obtained a $3.5 million settlement on behalf of a man who suffered a stroke as a result of undiagnosed stenosis of the carotid arteries. The defendants required confidentiality of the names of the parties as a prerequisite to the settlement.
The plaintiff, a man in his mid-50s, came under the care of the defendant, a prominent Philadelphia physician, because two of his family members had died at approximately the same age of apparent cardiovascular disease. The defendant physician ordered bloodwork, which demonstrated the plaintiff had elevated cholesterol. The physician also heard an abnormal sound in the plaintiff’s neck, called a bruit, which can be a marker for carotid artery disease. Attorneys Weinstock and Mann argued that because of the findings, the doctor should have ordered a duplex ultrasound of the neck.
Duplex ultrasound is a completely safe and non-invasive study that can be used for the detection of stenosis (partial blockage caused by accumulation of plague) of the carotid arteries. The doctor never ordered this study, and as a result the plaintiff’s significant stenosis went undiagnosed.
About 2 years after he had come under the defendant’s care, the partial blockage of the carotid arteries became a complete blockage on one side, leading to a stroke and permanent brain damage. The plaintiff was rendered unable to return to work, and was left with significant motor and cognitive impairments.
The settlement will significantly improve the lives of the plaintiff and his wife in their retirement years.
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