Case Results

Daniel Hodes of Hodes Milman represented a then 39 year-old LAUSD substitute teacher who underwent surgery to excise a 5 cm subcutaneous neurofibroma from his right rectus muscle on July 18, 2019. His creatinine readings preoperatively indicated he was suffering from an acute kidney injury superimposed on his existing chronic kidney disease. In the peri-operative period, he suffered a large posterior circulation stroke. It was argued that this elective surgery should not have gone forward given his compromised kidney function. Had surgery not gone forward, he would not have suffered the stroke.

Kaiser offered $4,000.000.00 to resolve the case. The Arbitrator, Thomas Weaver, awarded $17,250,000.00.

Plaintiff, a 35-year-old woman, was 25 weeks pregnant with twins. On March 16, 2016, a police cruiser traveling in the opposite direction of traffic struck her and her husband.

Plaintiff reported several uterine contractions and was then admitted to Mercy Hospital with evidence of a chorioamnionitis, an infection. She gave birth soon after at 26 weeks gestation. Both twins weighed less than 2 pounds and spent three months in the NICU. The fetal medicine expert’s opinion was that the automobile collision caused a leak of amniotic fluid which set in motion the events leading to the early delivery.

As the twins developed, they displayed difficulty with speech and language, and showed cognition deficits. It was argued that, on account of their speech/language/cognition issues, the twins will require extensive therapies throughout their lifetime, and will be limited in their vocational opportunities. The case resolved for $11.4 million.

In an HMO negligence lawsuit, two large HMOs failed to collaborate and share medical information resulting in improper follow up on a patient with cervical dysplasia. After 20 months had passed, the woman was diagnosed with Stage IV cervical cancer. In a $0 offer for her case from the HMO’s defense attorneys, Dan Hodes successfully recovered a record breaking $10,960,000 jury verdict on her family’s behalf. To date, this was the largest medical malpractice wrongful death verdict in Orange County.

Dan Hodes and Steve Heimberg represented a 35 year-old-woman who presented to the hospital at 41 weeks gestational age, having been diagnosed that morning with oligohydramnios. Over the next 23 hours, fetal monitoring strips showed recurrent variable and late decelerations of the fetal heart rate that were not appreciated. So rather than delivering the fetus by way of C-section, labor progressed to the point that at birth, fetal distress caused hypoxic ischemic encephalopathy. The infant, now 3 ½, will require lifetime care. The case resolved for $7,900,000.00

Daniel Hodes and Jacob Brender from Hodes Milman represented a 51-year-old woman who, on August 13, 2020, underwent a coiling and stent procedure for an intracerebral aneurysm. During the procedure, a guidewire perforated a distal branch of the middle cerebral artery which was not immediately appreciated. This caused a stroke, leaving her severely neurologically compromised. The case resolved at mediation with Jay Horton for $6,000,000.

In April of 2021, Jeffrey Milman and Benjamin Ikuta of Hodes Milman settled a birth injury case against a hospital and OBGYN for $5,700,000. Hospital nurses violated their own hospital policy in administering Pitocin to promote labor despite clear contraindications. The nurses then failed to notify the attending OBGYN of strips clearly showing fetal distress for well over an hour. When the child was born, the OBGYN was shocked and dismayed to deliver a moribund, unresponsive child. The infant suffered from severe brain damage as a result of lack of oxygen. The hospital paid $4,000,000 and the OBGYN and her group paid $1,700,000.

A 39-year-old male walked into an urgent care clinic with a new onset of chest pain at rest and was diagnosed with gastritis. The physicians at Urgent Care felt that our client’s symptoms were not typical for unstable angina and placed him on a treadmill. 40 minutes after being discharged, our client died from cardiac complications. After a 10 day trial, the jury awarded our client’s favor, including noneconomic damages of $3,000,000 and economic damages of $2,339,037.

Daniel Hodes represented a woman who was admitted to a hospital on July 7, 2020 for the delivery of her second child. Her previous delivery was by way of C-section. The plan was to attempt a vaginal birth after C-section (VBAC).

Plaintiff claimed the fetus was in distress for many hours and a C-section should have been performed. As a result, she suffered a uterine rupture, and the baby suffered a hypoxic brain injury. The case resolved for $5,000,000.00

A young man suffered oxygen deprivation leading to severe brain damage after a physician allegedly mis-programmed his cardiac defibrillator. The man, now 30-years-old, cannot speak and will need around-the-clock assistance for the rest of his life. He is cared for by his parents, who are both in their 60s. The man was born with a heart condition and had corrective surgery when he was an infant. The condition and corrective surgery made him predisposed to irregular heartbeats. In 2004, he had a defibrillator implanted to detect any irregular heartbeats and return his heart to normal rhythm. Five years later, the device’s battery was running low and a physician replaced it, but did not correctly reprogram the device. When the man suffered a heart rhythm disturbance the following month, the defibrillator did not respond properly, leading to severe brain injury. Daniel Hodes, of Hodes Milman and Ken Sigelman, of the Law Offices of Kenneth M. Sigelman, represented the man and his family. The case resolved following mediation.

Our firm handled a case involving an infant who suffered seizures due to hospital negligence. Hospital staff mismanaged ventilator and breathing tube equipment for the infant, resulting in seizures. Settled for $4,100,000.00

Daniel Hodes and James Chortanian from Hodes Milman represented a 78-year-old semi-retired swim coach who was struck by a falling 50-foot-long Eucalyptus tree branch on October 6, 2021. The previous day, a tree trimming company cut down an adjacent Eucalyptus tree that had supported the subject branch. The company did not appreciate that removing the tree created a substantial risk that the branch could snap and fall.

Plaintiff suffered several fractured ribs, an acute T-12 compression fracture, required a knee replacement, and was diagnosed with a mild traumatic brain injury.

The case resolved for $3,614,999.00.

In 2004, a self-employed 58-year-old father of five, was driving his 1999 Black Ford Ranger when the tread on his tire separated causing the vehicle to rollover. Before the accident, he brought the car in to have one tire replaced under the warranty; however, after the accident, it was discovered that the tire had been patched, not replaced. It was also shown that the manufacturer of the tires used substandard materials which contributed to the premature aging of the tire. As a result of the rollover accident caused by the defective tire, he is now a quadriplegic and needs 24/7 care.

Benjamin Ikuta of Hodes Milman settled a medical malpractice case in October of 2020 against a fertility clinic for $2,100,000. In 2004, the fertility clinic injected the wrong sperm in relation to an In Vitro Fertilization procedure. Fourteen years later, in late 2018, after conducting a genetic testing history through a popular service, the parents learned that the child was not related to the father in any way.

Larry Eisenberg and Daniel Hodes of Hodes Milman secured a $6,000,000 settlement on behalf of a 10-year-old brain-injured child. His mother was pregnant with monochorionic twins in 2009 who shared one placenta. Twin B was growth restricted, due to unequal placental share, a velamentous cord insertion, and reverse end-diastolic flow in his umbilical artery. The plaintiff alleged that once the pregnancy reached viability, the standard of care required hospitalization, close monitoring, and early delivery. Instead, monitoring was eased. Two weeks later, Twin B, the smaller of the two, was found to have expired. His death caused a hypoxic injury to Twin A, which was discovered at age six months. That twin now suffers from spastic quadriparetic cerebral palsy.

A 17-year-old pregnant woman suffered profound and permanent brain damage resulting from the hospital staff’s alleged failure to properly manage her respiratory issues. The woman, who was 34 weeks pregnant at the time, was admitted to the hospital with back and abdominal pain. Over the next few days, her condition deteriorated and she was septic in addition to developing respiratory problems. To manage these conditions, the patient was intubated and put on a ventilator. After giving birth to her daughter, her condition further worsened and she ultimately lost consciousness. Upon resuscitation, she was found to have suffered a severe global hypoxic brain injury resulting in significant diffuse cognitive impairment. Due to alleged improper monitoring of her respiratory status and the resultant lack of oxygen to her brain, the patient was severely impaired both cognitively and physically and will require constant medical care for the remainder of her life. Daniel M. Hodes represented the plaintiff through her conservator. After two years of litigation and two sessions of mediation, the case resolved for $ 5,700,000.

Daniel Hodes of Hodes Milman represented a 4-year-old boy who was born on March 22, 2016. Labor was protracted – 33 hours. During that time, Pitocin was given, allegedly in excessive dosages, causing uterine tachysystole and hypertonus. This allegedly resulted in hypoxic-ischemic encephalopathy. The case resolved as to two defendants for $4,250,000.

After multiple visits to the emergency room because of minor seizures, the hospital arranged to have the 9-month old infant transported to a different facility for a higher level of care and was placed on a ventilator in anticipation of the transport. When the transport team from the second hospital arrived, it was discovered that there was an airway problem and the infant was not receiving adequate ventilation due to a mucus plug that was blocking the tube. After arriving at the second hospital, the infant suffered extensive continuous seizure activity due to a lack of oxygen to the brain. Representing the plaintiff’s family, attorneys Jeff Milman and Dan Hodes obtained a settlement of $4 million with the first hospital and $100,000 with the second hospital, resulting in a total settlement of $4.1 million.

After suffering from a fever for four weeks, a 49-year old woman was diagnosed with leukemia, underwent chemotherapy and was prescribed various antibiotics. During chemotherapy, she was taken off her antibiotics, and soon after her fever resumed. 24-hours later, she lapsed into a coma. If the doctors had followed the proper standard of care and kept her on the antibiotics, she would have avoided the neurologic insult.

The emergency room diagnosed a 30-year old woman complaining of blurry vision and headaches with hyperventilation and anxiety. Three days later she returned to the hospital after being found unconscious at home. Her condition worsened but her pulmonologist was not notified until she was irreparably harmed. The woman remains in a vegetative state.

An emergency room physician failed to properly diagnose and treat a young mother of two who suffered from a bacterial infection. The doctor failed to administer antibiotics which resulted in toxic shock syndrome leading to her becoming septic. This caused her to lose blood flow to her hands and feet resulting in gangrene and eventually limb amputation. The woman is permanently disabled because of the physician’s negligence.

A 45-year-old woman was misdiagnosed with multiple sclerosis (MS) and as a result, sustained injuries including neurologic damage and liver failure. The woman, who consulted her primary care physician because one of her legs was dragging when she walked was referred to a neurologist for care. She underwent a complete MS workup, including MRIs of the brain and spine; although the results were not indicative of MS, the neurologist began treating her condition as such, implementing a regimen that included the administration of MS medications. Less than six months after this treatment regimen began, the plaintiff was hospitalized with acute liver failure, necessitating a transplant. While in the hospital, it was discovered that the plaintiff was not suffering from MS, but rather a herniated disc which could have been treated with surgery. Following the transplant, she experienced two episodes of rejection and remains neurologically impaired. Daniel M. Hodes represented the plaintiff. The case resolved in mediation for $2.1 million.

Daniel Hodes of Hodes Milman represented a 61-year-old cow veterinarian who developed a vascular problem in his left dominant hand in February 2018. He underwent an attempted brachial to ulnar bypass, but his left hand was noted to be pulseless postoperatively. A second surgery failed to correct the problem, and he was eventually declared disabled from working as a cow veterinarian. It was argued that the surgeries were done negligently. The case resolved for $2,000,000.

Benjamin T. Ikuta of Hodes Milman and John Hinman, Esq. of Hinman Law Group settled a case for $1,535,000 on behalf of the husband and 5 adult children of Decedent Rosa Salazar. On June 28, 2016, at an intersection in the City of Paramount, Asuncion Garcia turned left in front of Ms. Salazar without yielding while he was on his way to work. He was driving his personal truck, was not transporting any work supplies, and was not on any work errand. Ms. Salazar died of her injuries several weeks later. Garcia’s employer, Expert Plant Care, paid $1,500,000 as it was hotly contested between the parties as to whether Garcia was being paid for his commute.

Benjamin Ikuta of Hodes Milman settled an automobile v. pedestrian case on November 4, 2020 for $1,250,000. On August 27, 2019, 80-year old Kenneth Kaku was walking through a crosswalk at an outdoor shopping center in Rancho Santa Margarita when he was struck by Lisa Foto, who was driving a Lexus sedan. Mr. Kaku suffered a subdural hematoma, which resolved, and a leg injury that became infected and required debridement. Ms. Foto was insured by Nationwide.

A couple in their sixties were seriously injured, and the husband’s stepmother killed as a result of a collision where a driver struck their vehicle while making a lefthand turn. The three victims were leaving a restaurant after an early dinner when their car collided with the vehicle that was turning left, causing them to hit the base of a traffic signal. The 19-year-old driver of that vehicle was cited for failure to yield the right-of-way. Following the collision, all three victims were trapped in their vehicle for 30 minutes until emergency responders could extract them from the vechicle. All sustained multiple, critical injuries which resulted in the husband’s stepmother dying due to blunt force trauma. The couple suffered from rib and ankle fractures, requiring hospitalization and physical therapy. Daniel M. Hodes of Hodes Milman represented the husband and wife, and the estate of the decedent but not her heirs. Mediation resulted in a $871,919 settlement.

A 71-year-old man, struck by a vehicle making an unsafe lane change suffered a cervical fracture. The following week, the man’s hands became numb and he was taken to a different hospital by his wife, where it was determined that he had suffered an acute compression fracture of the C7 vertebral body. The plaintiff has been unable to return to his full-time work as a senior aerospace engineer. Daniel M. Hodes represented the plaintiff resulting in a settlement of $800,000 for medical expenses, loss of income and pain and suffering.

While driving in the course of her work as a drug and alcohol counselor, a 59-year-old woman was injured when a driver made an illegal U-turn directly into the path of her vehicle. The woman sustained multiple injuries, including a sprain of the left foot and ankle, a herniated disc and multiple fractures in her leg, foot and ribs. The woman had a workmen’s compensation lien of $192,344, and the workmen’s compensation carrier agreed to accept $105,000. Jeffrey A. Milman of Hodes Milman represented the woman, and mediation resulted in a $655,000 settlement, with $105,000 paid to the workmen’s compensation carrier.

A 58-year old man suffered a spinal injury after being rear-ended in a car accident. He had previously been diagnosed with failed back syndrome, and had been undergoing pain treatment for years. At the time of the crash, he was periodically being treated with injections and opioids. As a result of the crash, the pain became worse, and he required an increase in opioids and epidural steroid injections to treat it. He also suffered significant financial loss, because he was unable to work. The defendant claimed that the man had already been compensated by the insurance company, and that the pain he suffered from before the accident had not changed. The man was represented by Jeffrey A. Milman, Esq. of Hodes Milman , reaching a settlement of $550,000.

A women suffered facial lacerations and trauma to her knee after being struck in her vehicle at a stop sign. She underwent plastic surgery and arthroscopic surgery on her knee. She will require further facial surgery and a total knee replacement.

A 34-year-old plaintiff was riding his motorcycle behind a vehicle when the vehicle made a U-turn in front of him, causing the motorcyclist to be thrown over the hood of the defendant’s car. Ultimately, the accident caused the plaintiff to suffer an eye laceration and several fractures throughout the body. Further, the damage to the plaintiff’s left hand requires surgical fusion surgery. Dan Hodes represented the plaintiff and the case was settled with $375,000.

A 38-year-old plaintiff was riding his motorcycle northbound on the I-5 freeway when a driver attempted to change lanes immediately in front of the plaintiff, forcing the plaintiff to move to the lane immediately to his left. As a result, the plaintiff struck a stopped vehicle, sustaining multiple severe injuries. These included traumatic hemorrhagic shock, a Grade IV liver injury with active bleeding, and multiple fractures in his ribs and left hand. As the plaintiff did not have liability insurance, he could not collect for pain and suffering; represented by Jeffrey A. Milman of Hodes Milman , he settled for policy limits in the amount of $250,000.

Hodes Milman represented a 54-year-old male who is riddled with pain and forced into early retirement after undergoing a right hip arthroplasty in 2007, where doctors inserted a defective hip replacement product. Hip replacement components were recalled in July 2008 after it was learned that the surgical parts did not work properly, forcing many patients to undergo painful and costly additional surgeries to correct the defect. Hodes Milman obtained a $220,000 settlement on behalf of the patient.

A 77-year-old woman purchased six bottles of wine packaged in a paper wine carrier that broke upon removal from her car, causing the bottles to shatter on her driveway. The glass caused severe lacerations on the woman’s ankle, requiring 32 stitches. It was later discovered that her Achilles tendon had been severed. The woman underwent an Achilles reconstruction but continues to suffer from pain that prevents her from participating in activities she once enjoyed. The defendant, the grocery store that sold the wine, continues to make negotiations difficult, and Hodes Milman settled the case for $92,500.

A man riding his Harley Davidson motorcycle was thrown off at high speed when a malfunction in the cruise control system caused the motorcycle to accelerate uncontrollably to a speed where the motorcycle became unstable and threw the rider to the pavement. The man suffered multiple injuries including a fracture of his left wrist and severe abrasions over much of his body. He was hospitalized for approximately six days. The uncontrolled acceleration and instability were attributed to defective product design.

Dissatisfied with board members from an Orange County School District, a group of concerned citizens launched a recall ballot initiative, gathered 177,947 signatures and submitted them to the Registrar of Voters. After certifying the petitions as insufficient, the registrar allowed the assistant superintendent to view the list and thereby create an “enemies list” of participants. The registrar, superintendent and assistant superintendent violated the Bane Act, which prohibits any person from interfering or attempting to interfere with the exercise of any constitutionally-protected rights.

A 15-year-old high school student was invited to the home of a fellow member of his track team to skateboard. While there, the homeowner’s dog attacked him, biting him in the face and causing lacerations of his cheek, lip, and chin. The matter settled for the homeowner’s insurance policy limit of the dog’s owner.

Daniel Hodes of Hodes Milman represented a then 39 year-old LAUSD substitute teacher who underwent surgery to excise a 5 cm subcutaneous neurofibroma from his right rectus muscle on July 18, 2019. His creatinine readings preoperatively indicated he was suffering from an acute kidney injury superimposed on his existing chronic kidney disease. In the peri-operative period, he suffered a large posterior circulation stroke. It was argued that this elective surgery should not have gone forward given his compromised kidney function. Had surgery not gone forward, he would not have suffered the stroke.

Kaiser offered $4,000,000.00 to resolve the case. The Arbitrator, Thomas Weaver, awarded $17,250,000.00

The emergency room diagnosed a 30-year old woman complaining of blurry vision and headaches with hyperventilation and anxiety. Three days later she returned to the hospital after being found unconscious at home. Her condition worsened but her pulmonologist was not notified until she was irreparably harmed. The woman remains in a vegetative state.

An emergency room physician failed to properly diagnose and treat a young mother of two who suffered from a bacterial infection. The doctor failed to administer antibiotics which resulted in toxic shock syndrome leading to her becoming septic. This caused her to lose blood flow to her hands and feet resulting in gangrene and eventually limb amputation. The woman is permanently disabled because of the physician’s negligence.

A 45-year-old woman was misdiagnosed with multiple sclerosis (MS) and as a result, sustained injuries including neurologic damage and liver failure. The woman, who consulted her primary care physician because one of her legs was dragging when she walked was referred to a neurologist for care. She underwent a complete MS workup, including MRIs of the brain and spine; although the results were not indicative of MS, the neurologist began treating her condition as such, implementing a regimen that included the administration of MS medications. Less than six months after this treatment regimen began, the plaintiff was hospitalized with acute liver failure, necessitating a transplant. While in the hospital, it was discovered that the plaintiff was not suffering from MS, but rather a herniated disc which could have been treated with surgery. Following the transplant, she experienced two episodes of rejection and remains neurologically impaired. Daniel M. Hodes represented the plaintiff. The case resolved in mediation for $2.1 million.

A 44-year-old woman suffered from a middle cerebral artery stroke allegedly as a result of her physician’s failure to properly diagnose the condition based on early warning signs, resulting in permanent partial paralysis. The woman described her symptoms over the phone to her primary care physician, including a “pinching” sensation in the neck and a feeling of heaviness in her upper left extremity which progressed into numbness and tingling of her left handand wrist. Upon hearing the description of her symptoms, the physician purportedly advised her to take two Advil. When she woke up the next morning, the plaintiff was unable to move or speak. Upon her arrival at the hospital, she was diagnosed with a complete middle cerebral artery stroke, resulting in partial left upper and lower extremity paralysis and aphasia. It was argued that had she been advised by her physician to go immediately to the ER as per the standard of care, it is likely that her stroke could have been prevented by aggressive intervention. Daniel M. Hodes represented the plaintiff in arbitration, obtaining findings of liability and causation that resulted in a $2,225,000 settlement.

A 45-year-old woman was referred by her primary care physician to a neurologist because she was noted to be dragging her leg while walking. MRI of the head, neck and thoracic spine was read by both a neuroradiologist and neurologist as normal. Both failed to appreciate a herniated thoracic disc. The neurologist diagnosed her with MS. By the time it was realized that the MS diagnosis was wrong, the patient had suffered permanent neurological damage. Daniel M. Hodes represented the plaintiff. The case resolved in mediation for $1.3 million.

In a case handled by Daniel Hodes, an early 30’s married woman with a history of HPV underwent a cervical biopsy that was reported by pathology as showing endocervical adenocarcinoma in one of the specimens submitted. Her OB-GYN reported to her in her patient portal that “…your biopsy results are all negative.” Twenty months later, she experienced vaginal bleeding and another cervical biopsy was done which showed invasive endocervical adenocarcinoma. She was caused to undergo a radical hysterectomy and bilateral salpingectomy, thus sacrificing her ability to bear children naturally. Surrogacy is the couple’s only option. They desired 4 children. The case resolved for $1,000,000.00.

Dan Hodes represented the guardian ad litem of an infant born on February 21, 2021. Within days of his birth, he was noted to be jaundiced, with a high bilirubin level. The jaundice persisted for 8 weeks but the bilirubin level was not rechecked. In late May, 2021, the infant was diagnosed with biliary atresia and underwent a liver transplant. An earlier diagnosis would have allowed a Kasai procedure to be done and would have avoided – at least temporarily – the liver transplant.

The case resolved for $995,000

Our firm represented a 69-year-old woman who is suffering from permanent neuropathy due to a negligent misdiagnosis. In Feb. 2014, the woman was referred to a doctor who misread a skeletal x-ray and erroneously diagnosed her as having multiple myeloma. The doctor recommended an aggressive treatment plan that included chemotherapy and a possible bone marrow biopsy and stem cell transplant. In Sept. 2014, the woman sought a second opinion from a multiple myeloma specialist, who correctly concluded that the woman never had multiple myeloma and diagnosed her as having a diffuse sensory neuropathy due to the treatment she had undergone. The case was settled for $950,000.

A 43-year-old mother of three went to a clinic with nausea, vomiting, abdominal pain and a periumbilical lump. Within two days, two doctors diagnosed the mother with gastroenteritis, and discharged her with medication. She was seen later in the day by an emergency physician and was diagnosed with appendicitis. While completing follow-up tests, the mother went into cardiac arrest and died. Plaintiff contends that if doctors diagnosed this as a surgical emergency earlier, she could have been saved.

HM represented a veteran who sustained further injury after the treating VA physicians failed to properly diagnose burn-like symptoms on his ankle as a soft tissue infection. After being examined by the VA physicians, a VA employee placed a call to another hospital, where the head of the burn unit properly explained that the veteran was suffering from a rare soft tissue infection, which required surgery. The VA employee did not relay the message to the VA physicians, causing the condition to worsen, thereby requiring additional surgeries. Our attorneys argued that upon the phone call with the head of the burn unit, the VA physicians should have been notified of the veteran’s condition, and that the veteran’s displayed symptoms should have enabled a proper diagnosis, regardless. Jeff Milman settled the case for $599,000 in favor of the veteran.

Dan Hodes represented an 81-year-old woman with early Parkinson’s disease who fell while walking down a set of stairs. When she went to the emergency room, both the ER doctor and the radiologist reviewed her hip X-rays and reported that she had no fracture. Unfortunately, they both missed a clear fracture of the femoral neck.

If the injury had been diagnosed right away, she likely could have had a simple outpatient procedure using percutaneous pins. Instead, the fracture went unnoticed for two weeks. By the time it was finally found, she needed a much more serious surgery called a hemiarthroplasty.

The case was settled for $450,000 after mediation with Mayra Fornos at ADR.

Hodes Milman represented a dancer in his 20’s who developed painful and progressive arthritis after both a radiologist and orthopedic surgeon failed to diagnose and treat a fracture from an injury. The fracture progressed without treatment resulting in incurable arthritis, which ended the man’s career as a dancer. If the sleeve fracture had been recognized and properly treated, the man would not be facing a lifetime of arthritis and the need for a future knee revision. The attorneys at Hodes Milman settled the case for $185,000 on behalf of the client.

2002, his tests indicated blood glucose of 164 and A1C of 6.5, and by early 2007 his levels drastically increased to blood glucose of 928 and A1C of 14.7. The doctor ordered the man to have labs done in 2003, and then on March 7, 2007, ordered him to go to the hospital, but he disregarded both. He was found dead March 8, 2007 by his 19-year old daughter. Since an A1C reading of 6.0 or higher is considered by most to be diagnostic for diabetes, the doctor under reasonable standards of care should have prescribed diabetes medication in early 2002. Additionally, if a “finger stick” blood glucose test was performed in March 2007, the man would have been taken to the hospital on site. Had either event occurred, it is highly likely the man would have survived.

A 52-year-old man died from a heart attack at work after doctors and a cardiac nurse failed to recognize his heart disease. An autopsy following the man’s death revealed a 90-95 percent blockage in the left anterior descending artery. Fourteen days before he died, during a routine visit to his doctor, the man complained of chest pain. The man had smoked for more than 20 years, had high blood pressure and had other risk factors for heart disease. His doctor ordered a treadmill stress test, which was performed several days later at a medical clinic by a cardiac nurse. Neither the man’s doctor nor the cardiac nurse took a detailed cardiac history before the treadmill test. When the man reported chest pain during the stress test, the test was stopped, but the circumstances surrounding the pain were not recorded. The man was not seen by a physician during the stress test visit; however, a physician reviewed the test data and determined that the man was at low risk for cardiovascular disease. If a detailed cardiac history had been taken before the stress test or if the nurse had recognized the serious nature of the man’s chest pain, it would have been discovered he had heart disease and appropriate treatment given. No settlement offer was made. Daniel M. Hodes took the case to arbitration, and $1,100,000 award was issued.

Daniel Hodes and James Chortanian represented the family of a 67-year-old husband and father who died after undergoing a heart procedure. While at the hospital for a cardiac catheterization, doctors treated two areas of blockage in his heart but left one major blockage untreated, planning to address it later. Sadly, the patient went into cardiac arrest and passed away just 12 hours later. The case was settled for $1,000,000.

A 48-year-old husband and father of two died of a cardiac arrhythmia that his doctor failed to diagnose, even though the man had seen the doctor just days earlier with symptoms suggestive of the condition. The victim visited the doctor the day after fainting while walking with his wife. Although the incident was suggestive of an arrhythmia, the doctor did not follow accepted standards of care, which would have required that his patient see a cardiologist immediately. The victim died four days later. Daniel Hodes represented the deceased’s family and recovered $1 million (the limit of the doctor’s insurance coverage) in mediation, for their personal loss as well as the loss of the decedent’s support.

A middle-aged man visited the emergency room complaining of shortness of breath and chest tightness. He was a smoker and was on medications for high blood pressure and high cholesterol. Following an EKG, which the emergency room physician assessed as “fairly normal,” the man was advised to see his primary care physician and was released. He did see his physician that same day but did not complain of chest pain and was thought to have reactive airway disease. Two days later, the man was brought back to the emergency room by ambulance, complaining of chest pain and was found to have had a cardiac event. He underwent angioplasty and stenting but had a difficult medical course and died of multi-organ failure approximately 15 months later at 48-years-old. If he had been hospitalized upon his first visit to the emergency room and undergone stenting at that time, the cardiac event two days later would not have occurred. Dan Hodes obtained a settlement of $975,000 on behalf of his family.

An obese man with hypertension died after multiple visits to a VA Medical Center for treatment of flu-like symptoms as well as cough and congestion. With each visit, the doctors failed to diagnosis an inflammation of his deep veins caused by blood clots. Days after his last doctors’ visit, he was taken to the hospital and was noted to be in full cardiac arrest. The doctors had failed to prescribe anticoagulant medicine which would have averted his death.

A 58-year old man explained to his primary care physician that he had been experiencing muscle pains for four days in his upper body, which radiated to his left and right arms as well as his back. His wife testified that while he was climbing the stairs in their home her husband stated that he felt like he was “having a heart attack.” The defendant believed that the patient was suffering from statin-induced myalgia, and instructed him to discontinue his statins. Six days following the diagnosis, he was found unresponsive by his wife and resuscitative efforts were not successful. Plaintiffs argued that with the decedent’s initial complaints, accepted standards of required care would have been a specific marker for myocardial damage to the heart muscle and prompted an immediate referral to the emergency room, where revascularization would have ultimately saved the descendant’s life. Representing the plaintiffs was attorney Daniel M. Hodes who obtained a settlement of $500,000.

A war veteran complaining of dry cough, night sweats and high fevers reported to the VA hospital and was told he was suffering from bronchitis. After symptoms persisted, he was diagnosed with an inflammation of the heart and valves. The delayed diagnosis increased the potential for future open heart surgery, hospitalizations and loss of earnings.

A war veteran with a family history of abdominal aortic aneurysms was advised to have semi-annual scans to monitor any changes. Despite several visits to the VA hospital, his doctor never recorded the family history, nor scanned for small aneurisms. Months later the veteran’s aneurysm ruptured, and he was rushed into surgery. A prior diagnosis could have meant elective as opposed to emergency surgery.

Daniel Hodes of Hodes Milman represented a 67-year-old married man whose lung cancer diagnosis was delayed. The case resolved for $1,150,000.

Dan Hodes represented a 59-year-old elementary school teacher who had a skin lesion removed from her right upper arm in April 2020. A dermatologist identified the lesion as a superficial spreading melanoma, but the teacher was mistakenly informed by her primary care physician’s office that it was a basal cell carcinoma, which is less serious. It wasn’t until October 2022—30 months later—that she was correctly diagnosed with melanoma.

Due to the delay, she underwent two major surgeries and chemotherapy. Although she is now cancer-free, the delay has left her with a 20% chance of the cancer returning.

Daniel Hodes and Jacob Brender of Hodes Milman represented the wife and eldest son of a 66-year old aerospace engineer who succumbed to liver cancer. In 2014, a hepatitis panel returned positive for a chronic hepatitis B infection, a precursor to cirrhosis and liver cancer. This was not appreciated by his PCP and as such, appropriate screening and interventions were not undertaken. He was diagnosed with advanced stage liver cancer in early 2018, and succumbed in June of that year. The case resolved for policy limits of $1,000,000.00.

Daniel Hodes of Hodes Milman represented a 47-year-old woman who underwent a pelvic ultrasound for pelvic pain. The radiologist reported a mass in her right ovary, however, the ordering physician claimed she never received the radiology report. As a consequence, there was a 30-month delay in the diagnosis of ovarian cancer. The case resolved for $1,000,000 policy limits of the ordering physician.

Daniel Hodes and Jacob Brender represented a 71-year old man who developed dysphagia and difficulty in swallowing in November 2019. Imaging showed a mass in his esophagus. A biopsy of the wall of the esophagus was non-diagnostic, but the gastroenterologist did not perform an endoscopic ultrasound and ultrasound-guided biopsy of the inner wall of the esophagus. As such, his esophageal cancer was not diagnosed for another 9 months, at stage 4, the treatment for which is palliative not curative. The case resolved for policy limits of $1,000,000.00.

Dan Hodes of Hodes Milman represented a 51-year-old woman who underwent a screening colonoscopy that revealed a sessile polyp in her rectum. A lab test showed it was an early form of cancer called superficially invasive adenocarcinoma, meaning it had just started to grow into the tissue. Instead of sending her to a colorectal surgeon to remove all of the polyp and surrounding tissue to make sure no cancer was left behind, the gastroenterologist only took three small samples (biopsies). Eighteen months later, the woman was diagnosed with a much larger rectal cancer that had spread to her liver.

The case was settled for $940,000, which was the full amount of the doctor’s insurance coverage.

A 37-year old husband and father made several trips to the emergency room complaining of pain in his kidneys. On each visit, a scan was done but the attending radiologists did not identify a present para-aortic mass. Due to increasing pain, the man went to another ER where the biopsy revealed the presence of Ewing’s sarcoma, a malignant round-cell tumor. He underwent aggressive chemotherapy and radiation but his condition persisted, developing into liver disease. His condition is worsening and will likely lead to death.

Daniel Hodes and James Chortanian represented the family of a 43-year-old husband and father who was misdiagnosed with T-cell leukemia after a liver biopsy. Based on this incorrect diagnosis, he was given the wrong treatment. Later, it was discovered that he actually had a different type of cancer of the thymic region that required a different treatment plan. Unfortunately, by the time the mistake was caught, the cancer had progressed, and he passed away. The case was settled for $850,000.

A 42-year-old women underwent a sinus biopsy showing an esthesioneuroblastoma, which if untreated, can be fatal. The pathology report went unnoticed by the treating physician and the women returned to her regular physician a few months later with the same symptoms. Further testing revealed the disease progressed, conferring on her a worse prognosis.

A 42-year-old woman underwent a sinus biopsy which pointed to a rare form of nasal cancer. The report was placed in the client’s chart, but went unseen by the doctor. It was only after returning to doctor with nasal bleeding, that the doctor discovered the report in her medical chart. After further imaging studies, it was found that the cancer eroded her orbit and she had to undergo surgery to remove portions of the orbit and her eye followed by chemotherapy and radiation. The plaintiff contended that had doctor followed the proper standards of care, the biopsy would have been reviewed, her eye would have been spared, and her prognosis would not have worsened.

James Chortanian and Daniel Hodes from Hodes Milman represented a 73 year old woman who underwent chest CT scans in December 2017, January 2018, March 2018 and August 2018. A enlarging lung lesion was visible on these studies but was not appreciated. It was not until April 2021 that the lesion was diagnosed as a lung cancer, but by that time it had advanced to Stage IV, not curable.

The case resolved for $800,000.00

Daniel Hodes and Jacob Brender of Hodes Milman represented a 64 year old unmarried male who underwent a CT scan on March 30, 2018 to rule out neurofibromatous neoplasm. Incidentally present on the CT but unappreciated by the radiologist was an 8 mm cancer in the right lower lobe of his lung. A follow up CT scan was done on April 19, 2021. A cancer measuring 2.5 cm was diagnosed in the same location in his right lung. Work up revealed stage IV disease. As a result of the delay of 3 years, plaintiff went from likely curable to terminal. The case resolved for $750,000.

A physician twice failed to inform a 54-year old father that his PSA levels were abnormally high, resulting in a five-year delayed diagnosis of prostate cancer. By that time, his disease had progressed to the point of incurability.

Hodes Milman represented a patient who was diagnosed with cancer after a gastrointestinal (GI) physician failed to properly warn him that he was at risk, indicated by a test three years prior. During a visit to the GI physician, the patient underwent a colonoscopy that identified a small mass, which was correctly interpreted by the GI physician as a risk for colon cancer. The GI physician indicated that he had informed the patient and his family about the risk of cancer, but the patient never received, and the family denied receiving such notice. Three years later, a different physician performed another colonoscopy on the patient, which revealed that the patient had cancer. HM attorneys contended that, had the GI physician properly informed the patient of his cancer risk, the patient would have sought a surgical consult and his cancer would not have spread. Claims were also brought against the Primary Care Provider, as a dispute existed regarding its ability to refer the patient to a specialist within the HMO system. HM settled the case for $750,000 on behalf of the patient.

Dan Hodes represented the two adult children of a 68-year-old gentleman whose prostate biopsy results were mixed up with another patient’s. Initially, he was told his results were negative. However, six months later, he was informed that his biopsy was actually positive for prostate cancer. He had surgery shortly after but passed away just three days later. It was unclear if the surgery directly caused his death. The case was settled for $700,000.

A 24-year old mother of two, visited her obstetrician multiple times complaining of spotting. After ultrasounds and blood tests were performed, she was pronounced healthy and was not instructed to return for a follow up. Seven months later, she was admitted to the emergency room and was diagnosed with lung and metastastis and immediately began chemotherapeutic treatment. Unfortunately, because of the delay in diagnosis, she died. HM obtained a settlement of $650,000 for the two surviving children.

Dan Hodes represented a 77-year-old woman who was sent to a urologist by her gynecologist because she was experiencing blood in her urine. The gynecologist had already run several tests, including a cystoscopy, endometrial biopsy, and CT urogram. The urologist monitored the patient for 16 months but failed to perform a ureteroscopy to check if the ureters were the source of the bleeding. Eventually, she was diagnosed with stage III urothelial cancer. The case was settled for $600,000.

Daniel Hodes of Hodes Milman obtained a $600,000 settlement on behalf of his now 46-year-old client, a wife and mother of three small girls. In 2012, she underwent a biopsy of a skin lesion on her back. This was read as a benign atypical melanocytic hyperplasia. In late 2016, work up of neurological symptoms revealed metastatic lesions in her brain. A review of the 2012 biopsy slides by an outside dermatopathologist confirmed a melanoma, with the brain lesions representing a metastatic spread of the same. She underwent immunotherapy with Keytruda and is cancer-free and very likely cured.

Dan Hodes and James Chortanian represented a 40-year-old woman who underwent a biopsy of a lesion under her right arm in June 2019. This was read by the dermatologist as a benign epidural inclusion cyst when in fact it was an Apocrine adenocarcinoma – a diagnosis that was eventually made two years later. She underwent a surgical excision of the lesion and her prognosis is very good, but her likelihood of recurrence did increase by virtue of the delay.

The case resolved at mediation with Gerald Agnew for $500,000.

In 2001, a 47-year-old man was treated by a dermatologist for a lesion that developed on his forehead. The doctor concluded that the lesion represented lupus and treated it only with topical steroids. The lesion did not go away, and in 2008, another biopsy revealed a Stage 4 cutaneous B-cell lymphoma. The Plaintiff underwent aggressive chemotherapy because of the delay in diagnosis.

A 70-year-old woman suffered widespread and permanent sensory nerve damage as a result of an oncologist’s misdiagnosis of multiple myeloma, a type of bone marrow cancer. After undergoing a skeletal x-ray, the oncologist saw evidence of bone lesions, and targeted the woman for aggressive chemotherapy. However, after consulting with a specialist in multiple myeloma outside of her HMO, the woman discovered that she actually had a benign condition, not multiple myeloma. She immediately discontinued her cancer treatment, but due to the aggressive nature of the chemotherapy regimen, she had already sustained diffuse radial nerve neuropathy and polyneuropathy. Jeffrey A. Milman of Hodes Milman represented the plaintiff. Mediation resulted in a settlement of $375,000.

A 52-year-old peri-menopausal woman presented to an ER with right lower quadrant pain radiating to the right kidney. A CT scan was done and orally reported by the radiologist to the ER physician as showing no evidence of appendicitis, but an enlarged lymph node was seen. The ER physician discharged the patient based on the oral report. The radiologist’s later report mentioned the possibility of cancer, but that report was never seen by the ER physician or the patient’s primary care physician. Four months later the patient presented with abdominal pain and bloating. A CT scan revealed bilaterally enlarged ovaries and multiple matted retroperitoneal lymph nodes. A diagnosis of incurable ovarian cancer was made. The presence of the enlarged lymph node in the earlier study conferred on the patient a terminal diagnosis. But it was argued that surgery at that time would have extended her life by up to two additional years. The defense offered no money to resolve the case. A judge returned a verdict in the patient’s favor for $370,000 plus costs of litigation. Daniel M. Hodes represented the patient.

A man suffering from chronic nosebleeds visited his doctor several times over a three-year period. The doctor did not order a biopsy believing the cause was digital manipulation of his nasal cavity. Eventually, a different physician diagnosed cancer of the nose and jaw resulting in surgery and cosmetic deformation.

A doctor failed to identify the mass in the X-ray of woman’s lung as cancerous, and did not order follow-up tests. Several years later she was diagnosed with stage IV lung cancer and died. Diagnosed in its early stages, the disease was curable.

A 77-year-old man died from colon cancer because doctors failed to remove a large precancerous polyp. The polyp was a type known to have a higher risk of becoming malignant, but neither the man nor his family were told about the risk. When the man, then 72-years-old, underwent the colonoscopy where the polyp was found, the gastroenterologist tattooed the length of polyp that was not removed during the colonoscopy, presumably for the surgeon who would remove the remainder. The follow-up surgery never took place. Approximately five years later, the man began experiencing gastrointestinal problems and underwent another colonoscopy. It was discovered he had colon cancer that had spread to his liver and lungs. He died the following year. The man’s family contended that they should have been told about the malignant potential of the polyp and that the man would not have died if it had been removed.

A 32-year old woman had surgery to remove a tumor. Pathology reports indicated the tumor was in fact, cancerous. She was mistakenly assured she was cancer-free. Several months later the woman returned complaining of increased adnominal bloating. She was referred to an oncologist and underwent surgery where a large cancerous tumor was removed. She began chemotherapy treatments and underwent multiple surgeries to remove remaining tumors. Hodes Milman obtained a $200,000 dollar settlement on behalf of their client.

A 55-year old woman was suffering from lower back pain when her neurosurgeon detected a lesion on imaging in her lumbar region that appeared to him to be benign. A gross total resection of the lesion was attempted, leading to a condition known as “foot drop” in which nerve damage or partial paralysis limits movement of the foot. A frozen section biopsy of the lesion, which was later determined to be a B-cell lymphoma that would have been better treated with radiation and chemotherapy, was not performed prior to the surgery. Dan Hodes with Hodes Milman represented the plaintiff in mediation, resulting in an $180,000 settlement.

Dan Hodes represented a 60-year-old teacher whose mammograms were allegedly misinterpreted in 2018 and again in 2020. Evidence of architectural distortion, which refers to an abnormal change in the structure of the breast tissue that can be a sign of cancer, was not recognized at the time. By the time her breast cancer was officially diagnosed in 2021, the disease had already spread distantly.

The case was settled for $1,750,000, which also covered any potential future wrongful death claims.

HM represented a 46 year-old woman suffering from incurable breast cancer with a less than one year life expectancy due to a delay in diagnosis. The plaintiff visited multiple doctors and underwent several screening mammograms from May 2007 to June 2009. Unfortunately, worrisome findings were not appreciated, and a further work up was not undertaken, resulting in a two-year delay in diagnosis. If she had been diagnosed in 2007, the likelihood of a cure would have been upwards of 70%. HM attorney’s obtained a $1,550,000 settlement on behalf of their client.

Daniel Hodes of Hodes Milman and Sean M. Burke of Burke | Argos represented a 52 year-old woman whose positive breast biopsy was not communicated to her, resulting in a 6 month delay in treatment of her triple negative breast cancer. Her survival probability went from 90% to 60-70% consequent to the delay. The matter resolved for policy limits of $1,000,000.00.

Daniel Hodes of Hodes Milman represented a 51 year old woman and her husband in a case involving an 18 month delay in the diagnosis of breast cancer. She saw her gynecologist for a left  breast lump in August, 2018 and a mammogram and ultrasound were ordered. Those studies were done, and revealed an abnormality that correlated with the lump. Her gynecologist produced a phone record suggesting that he called her with the result and advised her to get a biopsy forthwith. That call was not documented, nor was a follow up letter sent to her. Plaintiff denied speaking with the gynecologist. In February, 2020, she saw him again, the lump in her left breast now occupying most of the breast itself. A diagnosis of Stage IV breast cancer was then made. The case resolved for $1,000,000.

A 28-year old wife and mother of two young children died after two separate pathologists pronounced her biopsied material as benign. After a third biopsy 19 months later, she was diagnosed with a dangerous form of breast cancer in an advanced stage. The original pathologist’s misdiagnoses allegedly lead to her death.

A surgeon biopsied the breast of a 47-year old woman, but failed to identify and remove the cancerous tissue. The 21-month delay in diagnosis meant a modified mastectomy, followed by complications necessitating more surgery. She can no longer work.

A 48-year-old married mother of two children was diagnosed with Stage IV breast cancer one year after a radiologist who reviewed her breast ultrasound reported the study as normal and unchanged from earlier breast imaging. When a lump was discovered one year after the ultrasound, it was biopsied and found to be malignant. Review of the earlier ultrasound revealed a suspicious lesion, which warranted biopsy. Had that been done, it was argued that her cancer would have been diagnosed at an earlier stage, with a better chance of cure. Daniel M. Hodes represented the plaintiff; the matter resolved for the sum of $750,000.

A 58-year-old woman who underwent a procedure to determine if a growth in her breast was cancerous was not informed that the biopsy indicated cancer until more than 100 days had passed, diminishing her chances of survival and recovery. After discovering the lump during a self-examination, the plaintiff made an appointment with her OB/GYN, who detected the lesion and ordered a biopsy. One week later, she was informed that the results of the biopsy indicated the lesion was benign and that she should return in a year. Over the next three months, the lesion continued to grow; finally, the plaintiff made an appointment with a breast surgeon and requested her medical records from the defendant physician. At which point she was informed by the defendant that the original biopsy had actually indicated a cancerous growth. Treatment began immediately, including chemotherapy and a partial mastectomy; however, tests indicate the presence of residual cancer in her breast and lymph nodes, diminishing her chances of survival and recovery. Had she been informed of the correct diagnosis in a timely manner according to the standard of care, it is likely that her cancer would not have progressed and treatment would have been successful. Daniel M. Hodes represented the plaintiff, resulting in a $699,000 settlement.

Jeff Milman with HM represented a woman who developed breast cancer after her physician failed to order a biopsy, instead misdiagnosing the problem area as a cyst. The physician conducted an office-based ultrasound, which was not reviewed by a radiologist or done via Doppler, and determined that the lesion was consistent with fibrocystic disease and therefore, did not require biopsy, despite its irregular shape and mixed echogenicity. Ten months later, after the lesion was initially discovered, the mass was revealed to be cancerous. As a result of the delay in diagnosis, the plaintiff was forced to undergo aggressive chemotherapy, which also led to the damage of her nerves. The case was resolved in mediation for $696,000, plus the payment of mediator’s fees by the defendant.

A mother of two suffered an untimely death due to a misread mammogram that delayed her diagnosis of breast cancer by more than a year. She underwent a routine screening mammogram in March 2011, which was incorrectly read by the doctor and not investigated further through additional mammogram views and an ultrasound. When the woman visited a noted breast oncologist in July 2012, he concluded that if she had sought treatment from him in 2011 she would have been diagnosed as having a high grade triple negative tumor with an 80 to 90 percent cure rate. HM settled the case for $680,000.

A mother of three underwent a mammogram screening for a lump in her breast, It was a screening mammogram and not a diagnostic mammogram. In subsequent visits, she received an ultrasound that was read as normal, when in fact it was not, and was told to return in six months. After visits to multiple doctors, the woman was diagnosed with breast cancer. She underwent a partial mastectomy, chemotherapy and rehabilitation. After a year, she died due to three cancerous lesions which had metastasized from the primary breast site into her brain, lungs and leg. Had the original doctors performed the right procedures, the cancer would have been discovered earlier, and her life would have been spared.

A 46 year-old mother died of breast cancer after her primary care physician and radiologist failed to read an ultrasound correctly, which was ordered because of abnormalities in her left breast. After seeking a second opinion from another doctor, she was told that the abnormality was cancerous and underwent immediate treatment. Ultimately, the cancer spread to three other areas of her body, and the patient was unable to overcome the disease. HM partner, Jeffrey Milman, represented the decedent’s children in the case, winning a settlement of $525,000 on behalf of the family.

Daniel M. Hodes and Jacob Brender represented a 59-year-old woman who underwent mammograms in 2018 and 2020. Both read as normal, but both showed an emerging density in her right breast. Her cancer was diagnosed in 2021 but had spread to two axillary lymph nodes. As a result of the delay, her survival probability fell from 95% to 65%. The case resolved for $500,000.

After undergoing a routine mammogram screening on March 17, 2011, a 59-year-old woman was told that everything looked normal, and was not recommended additional mammogram reviews or an ultrasound. However, later reviews of the mammogram showed that the radiologist failed to identify an area of asymmetric density as potentially malignant. The woman later died of breast cancer, which had spread to her central nervous system. If she had been further evaluated soon after her mammogram, she would have been diagnosed with a triple negative tumor, a condition that had an 80% – 90% cure rate when promptly treated with a lumpectomy, radiation and chemotherapy. Jeffrey A. Milman of Hodes Milman represented the woman’s surviving family; mediation resulted in a settlement of $350,000.

A 50-year-old woman’s breast cancer was not timely diagnosed by her doctor or the radiologist who performed her mammogram. The delay in diagnosis led to the woman having to undergo a double mastectomy, reconstructive surgeries and chemotherapy. The woman had visited her doctor after discovering a lump in her right breast. The doctor referred her for a mammogram and ultrasound, which were performed a week later. The radiologist assessed the tests as normal and recommended an annual screening mammogram. A few days later when the woman visited her regular doctor again, he “reassured” her, but also said they would consider an MRI or gene test for breast cancer risk. These tests never took place and on a following “well-woman” checkup to her doctor a few months later, the tests were not mentioned. The following year, the woman went for her annual mammogram and breast cancer was diagnosed. The suit was resolved in mediation.