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Find out about the most important recent North and South Carolina cases, selected by VerdictSearch editors. Coverage includes Gaston, Mecklenburg and Wake counties in North Carolina and Charleston, Horry and Richland in South Carolina.
Suit claimed car crash caused newborn’s cerebral palsy
Kristina Turner, who was seven and one-half months pregnant, was involved in a broadside collision with a vehicle driven by Silvia Bienvenida Rivers-Lopez. The accident occurred when Rivers-Lopez pulled out in front of Turner’s vehicle. Turner was not injured. Her unborn child, John Andyn Burnett, was subsequently born full-term, but was diagnosed with cerebral palsy. Doctors attributed the cerebral palsy to the trauma from the accident. The resulting lawsuit was filed by Turner on behalf of her son. Liability was not an issue, but the defendant disputed injury causation with regard to the cerebral palsy. Ultimately, the case settled for $100,000, which was the full amount of available insurance coverage.
Burnett v. Rivers-Lopez
Gaston County, NC
Patient claimed kidney failure due to clipped ureter
Dorothy Tyndall underwent emergency abdominal aortic surgery performed by Michael Stoner, M.D. During the surgery, two clips were placed around the left ureter. Tyndall experienced post-op complications and, a month later, the two surgical clips were discovered to still be inside the patient. As a result, Tyndall required a nephrostomy tube. She eventually lost the use of her left kidney and required dialysis. Tyndall sued Stoner for malpractice. Stoner denied liability and contended that any complications Tyndall experienced were known risks and did not constitute malpractice. However, a jury found that Stoner had committed malpractice and that his actions were the proximate cause of Tyndall’s injuries. Tyndall was awarded $2 million.
Tyndall v. Stoner
Lenoir County, NC
Suit claimed cardiac death was due to improper training
Douglas D. Wilhelm collapsed from a heart attack while playing racquetball at a fitness center run by the city of Aiken. Staff at the center was notified and 911 was called. Although an Automated Extended Defibrillator (AED) was on hand, it was not used until EMS arrived. Wilhelm was transported to the hospital, but later died. His estate sued the city and First Response Safety Training Inc., which had been hired to provide CPR/AED training for city employees. The city denied liability and argued that First Response, if anyone, was the responsible party. First Response contended that proper training was provided. The case settled at mediation for a total of $950,000. Both the city and First Response contributed to the settlement.
Estate of Wilhelm v. City of Aiken
Aiken County, SC
Carolinas VerdictsFind out about the most important recent North and South Carolina cases, selected by VerdictSearch editors. Coverage includes Gaston, Mecklenburg and Wake counties in North Carolina and Charleston, Horry and Richland in South Carolina.