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MEDICAL MALPRACTICE Failure to apply compression devices led to embolism death The family of a woman who died from a pulmonary thromboembolism after surgery was awarded $1.75 million by a Maryland jury on June 15. In 1999, Erma Joyce Pasquinelli, 59, underwent bladder suspension surgery at St. Joseph Medical Center in Baltimore. After the operation, to stimulate blood flow and prevent clots, her physician had compression devices placed on Pasquinelli, and ordered that she be walked around the hospital and wear the devices when not walking. Pasquinelli’s estate claimed that, on the day after surgery, the devices were taken off by nurses so she could go to the bathroom but were never reapplied. Pasquinelli died at home a few days after discharge. Case/Court/Date: Pasquinelli v. St. Joseph Medical Center Inc., No. 03-C00-008003 (Baltimore County Circuit Court) June 15, 2004 Plaintiff’s attorney: Andrew Slutkin, Snyder, Slutkin & Kopec, Baltimore. Defense attorneys: Gary Dumer Jr.and John Penhallegon, Cornblatt, Bennett, Penhallegon & Roberson, Baltimore. INTENTIONAL TORTS Cop’s headlock caused quadriplegia, $39 million awarded A man whose neck was broken during an arrest, causing quadriplegia, was awarded $39.06 million against the officer who put him in a headlock and another who looked on. Jeffrey Alston, then 32, was arrested in Baltimore for speeding and driving under the influence. He claimed Officer Mark Warble put him in the headlock. He sued Warble and Officer Lewis Yamin for assault, battery, gross negligence, violations of the Maryland Constitution, and infliction of emotional distress. The defense argued that he broke his neck when he fell from his seat in the police van and struck his head on the floor. The Maryland jury on June 1 disagreed. Case/Court/Date: Alston v. Warble, No. 97322053-CC7950 (Baltimore City Circuit Court) June 1, 2004 Plaintiff’s attorneys: Philip Federico and Kerry D. Staton, Schochor, Federico and Staton, Baltimore. Defense attorneys: Eric Myers and Troy Priest, Brown & Sheehan, Baltimore. CONTRACTS House was not in the condition buyers were led to believe it was On their misrepresentation claim against the company from which they bought their house, a couple was awarded $79,200 by a Virginia jury on June 16. David Habeger and Karen Barker bought the Arlington, Va., house from Y&A LLC, Arlington. The house had originally been a single-story rambler, but Y&A had Miles MacIntyre add two floors to it. Habeger and Barker found the house had structural defects, plumbing deficiencies, and insulation issues, and they sued Y&A, claiming the house was not in the condition they had been led to believe it was, and that MacIntyre did not deliver the product contracted for. MacIntyre settled before trial for an undisclosed amount. Case/Court/Date: Habeger v. MacIntyre, No. 02-646 (Arlington City Circuit Court) June 16, 2004 Plaintiffs’ attorney: Peter Stackhouse, Alexandria, Va. Defense attorney: Charles Wall, Williams Mullen, Richmond, Va. Editor’s Note: These jury verdicts were collected and reported by VerdictSearch, an American Lawyer Media affiliate serving lawyers in the D.C. area and nationwide. More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch National reporter or at www.VerdictSearch.com. For subscription information or jury verdict research, call 1-800-832-1900. To submit a case, call (212) 313-9180, fax (212) 313-9145, e-mail [email protected], or use the form at www.VerdictSearch.com/submit.

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