Our Case Results
For more than 20 years and continuing up to today, Harry S. Cohen & Associates has been obtaining multi-million dollar verdicts and settlements for victims of medical malpractice and their families. We have successfully prosecuted these cases in virtually every specialty of medicine and on behalf of patients of every age and stage of health. The following cases we've successfully handled demonstrate that we have probably handled a case very similar to your immediate inquiry.
Multi-Million $ Recoveries
Attempted Vaginal Breech Delivery Causing Global Brain Damage
Failure to Timely Order a C-Section and Exerting Excessive Pulls During a Vacuum Extraction - Filer
Contraindicated Kyphoplasty Surgery Resulting in Paralysis - Rhoding
Delayed Delivery by Nurse Midwife Causing H.I.E. - Jordich
Failure to Diagnose Compartment Syndrome/Loss of Use of Dominant Arm - Osterman
Failure to Respond to Category II and Category III Fetal Monitor Strip to Perform a Timely C-Section
Nissen Fundoplication Surgical Error
Failure to Diagnose Heart Attack in ER - McAvoy
Failure to Diagnose Vertebral Fracture of a Trauma Patient
Late diagnosis of Liver Cancer (cholangeocarcinoma)
Shoulder Dystocia Injury During Birth
Attempted VBAC Causing Brain Damage
Operation on Wrong Patient Resulting in Death
Failure to Recognize Signs of Fetal Distress - Murtle
Unnecessary and Contraindicated Liver Transplant
Retained Catheter Causing Need for Liver Transplant
Preterm Labor Resulting in Cerebral Palsy
Delay in Diagnosing Diabetic Ketoacidosis (DKA)
Surgical Error on Pregnant Woman
Delay in Performing C-Section Resulting in Brain Injury
Brainstem Stroke from Birth Control Pills
Failure to Recognize Signs of Fetal Distress - Kondas
Error in Facial Surgery / Facial Nerve Damage
Delay in Delivery Causing Brain Damage
Delay in Delivery - Suit Filed 11 Years After Birth
Failure to Treat Infection in Pregnant Woman resulting in Infant Brain Damage
Delay in Delivery/Meconium Aspiration
Failure to Perform Hysterectomy Resulting in Postpartum Death
Late Diagnosis of Preeclampsia
Landmark Cases
Judges should now preside over jury selection in Allegheny County, PA
Trigg v. Children's Hosp. of Pittsburgh of UPMC, 2018 PA Super 129 2018 WL 2192218 (May 14, 2018)
Defense Counsel may not disrupt depositions with objections that suggest an answer, instruct witnesses not to answer, etc.
Peronis v. United States, Valley Med. Facilities, Inc., (W. D. Pa., February 17, 2017) 2: 16-cv-01389-NBF Document 44
Establishing Right to Sue HMO in PA - HMO Malpractice
The Shannon Case, 718 A.2d 828 (1998)
Doctor and Nurse Defendants must answer deposition questions about fetal heart tracings
Lattaker v. Magee Women's Hospital of UPMC, 2016 Pa. Dist. & Cnty. Dec. LEXIS 1144 (C. P. Alleg. July 5, 2016), Judge Wettick
Hospital “Incident Reports” must be shown to the Plaintiff/patient
Lesterick v. Singh, No. GD-13-016483 (Pa. Ct. Com. Pl. May 4, 2015)
Where a Defendant takes an “interlocutory” appeal on the basis of Peer Review Privilege, the appeal will be quashed unless the asserted Privilege is real - Rhodes vs. UPMC
Rhodes v. UPMC, PA Superior Ct. per curium order
Where a Defendant takes an “interlocutory” appeal on the basis of Peer Review Privilege, the appeal will be quashed unless the asserted Privilege is real - Cullen vs. UPMC
Cullen v. UPMC, PA Superior Ct. per curium order
Doctors can be held negligent, despite using their “best judgment”
Pringle v. Rapaport, D.O. 980 A.2d 159(Pa. Super. 2009) (en banc)
Third Party investigations are not protected from discovery under Pennsylvania’s Peer Review Protection Act
Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. 2015)
Jurors who exhibit bias must be stricken for cause and cannot be “rehabilitated”
Murphy v. Miller, 222 W. Va 709, 671 S.E.2d 714 (2008) (W. Va. Supreme Court)
A hospital will be held liable when its physicians are negligent if they are “ostensible agents”
Burless v. W. Virginia Univ. Hosp., Inc., 215 W. Va. 765, 601 S.E.2d 85 (2004) (W.Va Supreme Court)
Where there is an injury that can only occur through negligence, the jury must be instructed on Res Ipsa Locquitur, even where the Defendant proposes another cause
Sedlitsky v. Perseso, 400 Pa. Super 1 582 A.2d 1314 (1990)
Seven Figure Recoveries
Delayed Diagnosis of Malignant Testicular Mesothelioma
Failure to Provide Appropriate Treatment for Acute Pancreatitis Resulting in Death
Delayed Diagnosis of Renal Cell Carcinoma
Failure to Recognize and Treat Internal Bleeding Following a Gallbladder Surgery - Scott
Failure to Follow Up On Iris Nevus Diagnosis - Burrell
Failure to Adequately Monitor Dialysis Patient - Betts
Delay in Diagnosing Kidney Failure in 18-month old - Povrzenich
Delay in Performing Emergency Surgery for Abdominal Aortic Aneurysm (AAA) - Destrander
Sleep Deprived Obstetrician Delays C-Section - Kornbluth
Disconnection from Dialysis Machine Resulting in Death - Gander
Delay in Diagnosing Liver Cancer - Kelvey
Opioid Prescription Overdose Causing Death - Grayson
Failure to Diagnose Preeclampsia - Bissell
Delay in Diagnosing Stroke Causing Death
Failure to Diagnose Fetal Distress resulting in Cerebral Palsy
Chronic Mesenteric Ischemia Resulting in Death
Failure to Properly Treat Anorexia Nervosa
Stroke Diagnosis Error Resulting in Death
Failure to Diagnose Preeclampsia - Omlacheck
Failure to Recognize Fetal Distress Resulting in Cerebral Palsy
Failure to Diagnose B-12 Deficiency
Botched Steroid Injection on Periorbital Hemangioma
Incomplete Operation Resulting in Death
Delay in Delivery Resulting in Birth Injuries
Delay in Diagnosis of a Brain Tumor
Hours of Unmanaged Dehydration Resulting in Death of 5-Year Old at Hospital
Fundal Pressure with Shoulder Dystocia
Failure to Recognize Fetal Macrosomia
Substantial Recoveries
Failure to Diagnose Acute Renal Failure Resulting in Untimely Death
Failure to Follow Hospital Procedure Resulting in Death
Nursing Home Negligence Resulting in Surgery and Permanent Disability
Improper Placement of Contraindicated Substance in Patient’s Ear Causing Permanent Hearing Loss
Botched Laparoscopic Cholecystectomy (Gallbladder Surgery) Resulting in Severed Common Bile Duct
Failure to Set Bed Alarms Resulting in a Fall and Death
Death of Baby Following Mismanagement of Neonatal Hypoglycemia
Failure to Timely Deliver Baby Resulting in Fetal Demise - Allen
Failure to Monitor a Patient’s Heart Condition Using a Loop Recorder
Death Caused by Unnecessary Gallbladder Surgery – Sanders
Legal Malpractice for a Lawyer’s Late Filing of a Minor’s Medical Malpractice Case
Delay in Treating Infection in ER Resulting in Death - Poostrand
Delay in Treating Infection in ER Resulting in Death - Picardi
Hypoxic Brain Injury - Dislodged Breathing Tube
Common Bile Duct Cut During Gallbladder Surgery
Psych. Patient Mismanaged Blood Pressure
Prescription Drug Error Causing Eye Injury
Bedridden Patient / Necrotic Decubitus Ulcers
Shoulder Dystocia Injury During Birth
Stillbirth resulting from Delay in C-Section
Delay in C-Section Resulting in Stillbirth
Delay in Diagnosing Heart Attack
Failure of Visiting Nurses to Monitor Patient
Antibiotic Overdose / Deafness
Undiagnosed Breast Cancer/Metastasis
Failure to Diagnose Heart Attack in ER
Improper LASIK Eye Surgery
Failure to Admit in ER Resulting in Brain Damage
Failure of ER to Refer to Ophthalmologist
Failure to Perform Cardiac Work-up in ER
Delayed Diagnosis of Bladder Cancer (Death)
Failure to Diagnose Pulmonary Embolism
Delayed Diagnosis of Stomach Cancer
Failure to Diagnose Necrotizing Fasciitis
Failure to Diagnose Burn/Infection Resulting in Finger Amputations
Failure to Treat Spinal Stenosis (Paralysis)
Failure to Diagnose Prostate Cancer
Failure to Diagnose Pediatric Brain Tumor
Post LASIK Surgery Eye Infection
Failure to Properly Treat MRSA Infection
Failure to Diagnose and Treat Torsioned Testicle
Uterine Rupture Resulting in Stillbirth
Delayed C-Section Resulting in Fetal Death
Delay in Delivery Causing Infant’s Stroke
Brachial Plexus Injury During Delivery
Failure to Recognize Preterm Labor
Failure to Treat Fetal Distress (Stillbirth)
Legal Malpractice in Stillborn Case
Shoulder Dystocia During Childbirth - The Haller Case
Delay in Performing C-Section Resulting in Stillborn Delivery
Failure to Order C-Section / Brain Damage
Failure to Perform C-Section (Stillborn) - The Thomas Case
Delayed Surgery for Gastric Perforation Causing Death
Failure to Diagnose Thiamine Deficiency/Wernicke’s Encephalopathy
Failure to Diagnose Pancreatic Cancer Resulting in Death
Failure to Diagnose Aortic Aneurism Resulting in Death
Late Recognition of Fetal Distress Resulting in Baby’s Death
No Fall Precautions in ER Resulting in Subarachnoid Hemorrhage and Death
Failure to Diagnose Hydronephrosis Following Hysterectomy
No Fall Precautions in Hospital Resulting in Subdural Hematoma and Death
Failure to Diagnose Unstable Angina in ER Resulting in Death
Failure to Diagnose Cephalopelvic Disproportion Resulting in Stillbirth
Exposure to Legionella Bacteria - The Caskill Case
Failure to Diagnose Kidney Cyst in Baby, and After Birth - Emergency Surgery
Perforated Sinus During ENT Surgery Resulting in Brain Damage
Exposure to Legionella Bacteria - Failure to Diagnose - The Wainwright Case
Exposure to Legionella Bacteria - Failure to Diagnose - The Stack Case
Failure to Diagnose Hepatic Lobe Cholangiocarcinoma
Exposure to Legionella Bacteria - Failure to Diagnose - The Evander Case
Exposure to Legionella Bacteria - Wrongful Death - The Nichols Case
Failure to Diagnose Pneumonia in a Diabetic
Failure of Nursing Staff to Take Seizure Precautions
Delay in Diagnosing Breast Cancer
Shoulder Injury During Gallbladder Surgery
Plastic Surgery (Blepharoplasty) Error
Failing to Diagnose and Treat TB resulting in Death
Delay in Diagnosing Bone Cancer
Delay in Delivery of Baby / Shoulder Dystocia
Errors in Gynecological Surgery
Failure to Treat Clogged Arteries Causing Stroke
Failure to Recognize Impending Stroke
Failure to Perform C-Section (Stillborn) - The McBane Case
Surgical Error During Thyroidectomy
Surgical Device Left in Patient
Undiagnosed Lung Cancer
Defective Prosthesis Causing Bone Damage
Common Hepatic Bile Duct Cut During Surgery
Delay in Diagnosis of Breast Cancer
Failure to Diagnose Cancer
Implantation of Wrong Heart Valve
Failure to Diagnose Compartment Syndrome/Loss of Use of Lower Leg
Failure to Diagnose Fetal Distress
Failure to Deliver Life-Sustaining Oxygen Resulting in Death
Delayed Diagnosis of Mesenteric Ischemia
Failure to Diagnose Brain Injury in ER
Misdiagnosis of Hyperglycemia Leading to Diabetic Coma
Negligently Performing Laparoscopic Surgery Causing Bowel Perforation and Untimely Death
Failure to Diagnose Stroke in Emergency Room
Failure to Diagnose Fetal Distress Resulting in Fetal Death
Nursing Home Injury - Failure to Follow Protocols
Failure to Perform Proper Surgery and Severing Peroneal Nerve
Nerve Injury From Hip Injection
Delayed Diagnosis Of Breast Cancer
Failure to Diagnose Impending Cardiac Event; Subsequent Heart Attack and Death
Failure to Diagnose Acute Appendicitis
Surgical Error During Heart Bypass
Wrongful Death from Failure to Diagnose a Pulmonary Embolism
Failure to Diagnose Breast Cancer
Negligent Back Surgery - Permanent Damage
Failure to perform C-Section / Stillborn - The Wilmington Case
Mix-up in Labeling of Echocardiogram Tape Leading to Death of College Student
Medication Error - Anesthesia Awareness
Delay in Diagnosing Lung Cancer
Removal of Wrong Portion of Colon
Fall From Hospital Bed Causing a Brain Bleed
Failure to Treat Diverticulitis in ER
Death Following Pacemaker Insertion
Failure to Diagnose Cervical Cancer
Improper Cataract Surgery Causing Floppy Iris
Failure to Diagnose Stomach Cancer
Surgical Needle in Patient 8-yrs After Surgery
Failure to Obtain Informed Consent Prior to Surgical Procedure Which Caused Permanent Pain
Failure to Diagnose Preeclampsia - The Duffner Case
Shoulder Dystocia Injury During Childbirth - The Popovich Case
Shoulder Dystocia Injury During Childbirth - The Rockney Case
Negligent Gallbladder Surgery
Severed Common Bile Duct During Gallbladder Surgery
Delayed Diagnosis of Melanoma (MG and Death)
Contra-Indicated and Botched Vaginal Dilation Surgery
Drug Recall Death
Delayed Diagnosis of Pulmonary Embolism
Wrong Use of Medication During Surgery
As the saying goes, there's no substitute for experience. At Harry Cohen & Associates, we draw upon our experience and combine it with the most current medical science and legal developments. We also utilize state-of-the-art presentation technology to give our clients the best possible representation.
The following cases can be viewed by simply scrolling down the page and clicking on a title of interest, or by first visiting the Types of Cases section which will enable you to group our cases with the type of case you may be researching.
The cases listed in this section are all actual cases we have successfully pursued. The names of the litigants have been changed to protect our clients' privacy and to comply with confidentiality agreements.