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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

Substantial Recoveries

Failure to Address Pulmonary Nodules Resulting in Late-Stage Lung Cancer and Death

Failure to Diagnose Osteomyelitis Resulting in Permanent Damage

Failure to Diagnose Endometritis Resulting in Abdominal Hysterectomy

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.