Noteworthy Cases by Mundy, Rogers & Associates, LLP

For more than 20 years, the Mundy, Rogers & Associates, LLP law firm has served southwestern Virginia with diligence and sharp legal acumen, earning some noteworthy verdicts, settlements, and results.  Please read below for detailed descriptions of some of our past successes.

Pediatric neurologist case

Parents had a child born with a large head. The pediatrician recommended monitoring. At two years old, the child's head circumference had increased significantly and the parties noticed tremors and some developmental delays. The child was referred to a pediatric neurologist for evaluation. The parents requested an MRI; however, the doctor told them that it was expensive, unnecessary, and their child "...would probably end up not being the most athletic kid on the block." Two years later, at the suggestion of the pediatrician, the child again saw the pediatric neurologist. During this visit the parents insisted that an MRI be done. The doctor ordered it but noted in his records that he would be surprised if it showed anything. The MRI showed marked hydrocephalus involving the third and lateral ventricles. As a result of the delay in diagnosis, the child has learning disabilities, memory loss, and growth deficiency which will require him to be on growth hormone therapy for the rest of his life.

The case was settled shortly after a mediation.

Emergency room case

A 53-year-old man was taken to the emergency room on February 6, 2004 with complaints of nausea, severe headache, dizziness, and numbness in his arm. He was admitted by the emergency room physician who became his attending physician. On the morning of February 7, 2004 the man's wife told the physician that she thought her husband had had a stroke and asked if he would order an MRI. The physician told the wife that her husband would be discharged the following day, which was a Sunday, and that an MRI would be ordered on Monday. The man had a massive stroke and died on Sunday, February 8, 2004.

The case settled shortly before trial.

Emergency room case

A 40-year-old man presented to the emergency room with severe chest pain radiating down his right arm. He advised the ER physician that he had an extensive family history of cardiac problems which included his father having a heart attack at age 38. The physician diagnosed acute reflux and sent him home with a prescription for reflux. Four days later the man had a heart attack and sustained damage to his heart.

The case settled after suit was filed.

Veterans Administration case

On September 27, 2005 a 57-year-old veteran had a physical examination performed by his primary care physician at a VA hospital. He was advised in early October that his prostate-specific antigen (PSA) was 7.2. He was not referred to a urologist nor was a biopsy performed. He returned to the physician on March 2, 2006 for a urination problem. The physician examined him and advised him that his prostate was enlarged. Again, he was not referred to a urologist nor was a biopsy performed. In July 2006, he went to the VA emergency room for back problems. Blood work was done and he was advised that his PSA was 94.8 with a Gleason score of 7. A biopsy was performed and the man was advised that he had incurable prostate cancer which had metastasized.

A settlement was reached at a mediation before the United States Magistrate.

Orthopedic malpractice case

The plaintiff, a 21-year-old male, was involved in an automobile accident on August 7, 2004. He was taken to the emergency room where he was diagnosed with a fractured right femur. It was recommended that he have an intramedullary rod (nail) fixation. During the surgery, the orthopedic surgeon failed to properly identify the plaintiff's anatomy which resulted in the intramedullary rod fixation being placed in the wrong position. The plaintiff had follow-up appointments with the physician, during which he complained of pain in his leg. He further advised the physician that he had developed a limp. He was accompanied on these visits by his father. During a visit on November 4, 2004, an x-ray was taken. The x-ray—which was shown to the man and his father—clearly showed that a screw was broken, the bones were overlapping, and the rod was sticking out at the top. When the father questioned the physician, he was told not to worry and that everything was fine. The father sought a second opinion and was advised that the surgery had been performed incorrectly and another surgery would be required to correct the problem.

The case was settled before trial.

Dental malpractice case

The plaintiff, a 45-year-old woman, had seen the same dentist since she was in her teens for regular check-ups through the years. During a routine check-up on January 21, 2005, a dental hygienist advised her that she had periodontal disease and she would be unable to clean her teeth. She further advised the woman to see a periodontist. The dentist assured the woman that the hygienist was overreacting and it was not necessary for her to see a periodontist because he would continue to take care of her. Prior to this visit no one had mentioned periodontal disease. She continued to see the dentist; however, when a tooth began bothering her in early 2006 she decided to see another dentist. On February 6, 2006, the new dentist advised her that she did have periodontal disease which would need to be treated by a periodontist. He was unable to complete her examination due to the extensiveness of her periodontal disease. The plaintiff sustained bone loss which resulted in her losing a tooth. She required extensive and painful dental and periodontal treatments.

The case was settled in mediation.

Dental malpractice case

The plaintiff, a 45-year-old woman, had seen the same dentist for approximately 25 years. During this time she practiced good dental hygiene and saw the dentist for regular check-ups. Because of some continuing problems, the plaintiff decided to see a periodontist. The periodontist advised her that she had extensive tooth decay as a result of ill-fitting crowns in addition to periodontal disease. The plaintiff had extensive and painful dental treatment, including having five teeth removed and replaced with implants.

This case was settled prior to trial.

Internal medicine case

A woman began seeing an internal medicine physician in 2001 with complaints of bowel incontinence. She continued to see him over a three-year period with continued complaints of bowel incontinence as well as blood in her stool, fecal seepage when she coughed, and diarrhea after meals. In 2004 the physician referred her to a general surgeon who performed a digital rectal exam. He advised her that she had a malignancy and scheduled a colonoscopy for the following day. The colonoscopy confirmed she had rectal cancer which had invaded the sphincter mechanism.

The case settled shortly after suit was filed.

Obstetrical malpractice case

The plaintiff delivered a healthy baby boy on December 28, 2003. She was attended in the hospital by a certified nurse midwife. On January 1, 2004, the plaintiff developed severe abdominal pain, low back pain, had a foul discharge, and a high temperature of 103.5. She called the nurse midwife who advised her to go to the outpatient department at the hospital for testing to determine if she had a kidney or urinary tract infection. Upon arrival at the hospital, the plaintiff was in so much pain that she was unable to walk. She had a urine test, blood count taken, and her nose swabbed. The nurse told her she had the flu and sent her home with instructions to take Tylenol and Ibuprofen. She was not seen by a physician. The plaintiff continued to have pain, high fever, and chills. On January 6, she again called the nurse midwife who told her she would meet her at the outpatient department of the hospital. The plaintiff was examined and admitted to the hospital where it was determined that she had endometriosis with sepsis. The plaintiff had to have several surgical procedures including a hysterectomy which rendered her unable to have more children.

The case was settled after suit was filed.

Nursing home litigation case

An 88-year-old woman who was unable to walk or get out of bed without assistance was placed on a potty chair with the assistance of a nursing home employee. The employee left the woman unattended. The woman fell off the potty chair and sustained serious injury. She was transported to a hospital where she was admitted to intensive care. After 12 days in the hospital, she returned to the nursing home. She died 19 days later as a result of the injuries sustained in the fall.

The case was settled prior to filing suit.

For experienced, friendly legal representation in your personal injury case or family law matter, please contact Mundy, Rogers & Associates, LLP today.