Professional Malpractice Cases

Jeff Peraldo represented the estate of a bariatric surgery patient who, post-surgery bled to death in his hospital bed because of leaks at the surgical site. The claim was denied and litigation was necessary. The medical record and expert witness opinions and testimony established that hospital staff knew or should have been aware of clinical signs their patient was bleeding and failed to take responsive measures. The case settled on the eve of trial for a confidential amount.

James Faucher represented a cancer patient who was given the wrong prescription medication by a North Carolina pharmacy. Rather than giving this gentleman his prescription pain medicine to deal with pain associated with his progressing cancer and chemotherapy, the pharmacy gave him a medication with was of no medical value and was toxic to his body. This error by the pharmacy resulted in a hospitalization, pain and suffering, and significant distress for the gentleman’s family. The claim settled confidentially before suit was filed.

Jeff Peraldo represented an elderly lady who was given a drug that adversely reacted with another drug she was taking and caused her to have a stroke. The medical record and expert opinion testimony established the prescriber should have know of the existing drug and should have never prescribed the new drug due to well established and known adverse reactions. The prescriber denied liability by claiming the patient failed to keep follow up appointments at which the error would have been discovered and the stroke avoided. The case settled for a confidential amount.

In May, 2012, James Faucher and Drew Brown began a medical malpractice jury trial in Guilford County Superior Court. Following voir dire, the case settled confidentially.

Jeff Peraldo represented a young woman with Lupus who was admitted to the hospital for breathing difficulties and other problems. A resident physician attempted to place a chest tube to drain her lungs but entered her body far below the correct rib space and caused severe liver damage and resulting extensive surgical scarring. Incredibly, the hospital claimed the client, because of her Lupus, did not have a long life expectancy and thus not deserving of significant damages. The firm worked the case up with Lupus doctors at a local teaching hospital and established good life expectancy. The case then settled for a confidential amount.

James Faucher represented an elderly woman who fell out of a hospital bed and broke her hip when the hospital failed to use railings that were available for use. The case settled confidentially prior to a lawsuit being filed.

Jeff Peraldo represented the estate of a heart attack victim who was admitted to a local hospital after suffering a heart attack at his home. After admission to the hospital, the client was stabilized and being treated. A repeat ECG was ordered which showed a repeat heart attack was occurring. The ECG technician or other staff failed to report this ECG result and the patient died. The hospital denied liability and claimed the patient was a dead man regardless of this oversight. Litigation was necessary and expert witness testimony refuted the hospital’s claim and the case settled at mediation for a confidential amount.

Jeff Peraldo represented a gynecologic surgical patient who during the procedure received an extremely excessive amount of glycine (used to expand the uterus) and went into cardiac arrest. The hospital and the surgeon pointed fingers at each other but the hospital eventually settled without litigation. The surgeon dug in and litigation was necessary. Expert opinion testimony established the surgeon to have been at fault in ignoring the amount of glycine being used and the case settled privately for a significant amount.Jeff Peraldo represented the estate of a prisoner in the North Carolina state prison system. The prisoner presented to the prison clinic with classic signs of lymphoma, a serious cancer. The signs went ignored and he prisoner eventually died while in custody. Litigation was necessary and expert witness opinions established the negligence of the prison medical staff. The case settled soon thereafter for a confidential sum.

Jeff Peraldo represented an elderly man who was dropped by hospital staff and sustained serious arm injuries. The admission orders were for one person to never attempt to lift the patient and that a “two person” lift was required. Nevertheless, on the injury date, a staff person tried to move the patient alone and the patient was dropped. The hospital claimed there was no lift ever attempted and, instead, the patient had tried to get up on his own. Expert opinions later established the severity of the injuries and the case settled for a significant confidential amount.

Jeff Peraldo represented a surgical patient upon who hot water bottles had been placed for warmth. The patient had no feeling in his lower extremities and staff forgot to remove the bottles. Overnight, and unknown to the patient, he was severely burned. The case settled at mediation for a confidential amount. 

Jeff Peraldo represented a pregnant woman who presented to a local emergency room after falling on ice. A fetal monitoring strip showing fetal distress was misread or ignored and the woman was sent home and she later lost the baby. Litigation was necessary as the hospital denied any negligence and further claimed the baby was too young to have survived even if the distress had been diagnosed. The case settled at mediation for a confidential amount. 

When Drew Brown was at Smith Moore LLP, he took on a case against SCI Funeral home in New Hanover County Superior Court. Brown’s client was a Pennsylvania mother who contended that her sons remains had been desecrated in violation of her religious beliefs. The funeral home contended that they acted properly in following the direction of the deceased’s fiancé and power of attorney. The trial in June, 2006 lasted two weeks. Following Brown’s closing argument, the jury returned a verdict of $600,000 against the funeral home. The case was appealed and the Court of Appeals eliminated the punitive award but maintained the compensatory award resulting in a recovery to the client of several times the funeral home’s last offer before trial. 

James Faucher represented a commercial property developer who was the victim of a negligently performed land survey. Mr. Faucher’s client spent more than $500,000.00 purchasing and developing a piece of commercial property in Forsyth County. Approximately one year into the project, the surveyor realized that he had made an error, and that the property was only approximately 25% smaller than as depicted on the survey, and that development already in progress would therefore encroach on a neighboring parcel. The developer retained counsel and asserted a claim against the surveyor, but the surveyor denied liability and it was discovered that the surveyor had inadequate insurance coverage to fully compensate the developer. The developer retained Mr. Faucher was his prior counsel refused to assert a claim against the closing attorney who failed to catch the survey error when he prepared the deed conveying the land. The case against the surveyor and closing attorney was thereafter settled for a confidential amount at court-ordered mediation.

James Faucher represented property owners in a planned community who had purchased a boat slip from a neighbor who was in financial difficulty. The attorneys who were hired to close the purchase failed to properly prepare the closing paperwork, causing a dispute about the ownership of the boat slip. The attorneys initially denied doing anything wrong. After filing suit, Mr. Faucher was able to clear the title for his clients, and obtained a confidential settlement from the at-fault attorneys.

These results are illustrative only, and do not represent all of the cases that the law firm has  handled. These results should not be considered as any sort of guarantee, warranty, or prediction regarding the outcome of any other legal matter. Every case is different and must be evaluated separately. The law firm  makes no representation that it can obtain in other cases the same or similar results.. This information is not intended to establish, and consequently does not establish, an attorney-client relationship. E-mailing a request for information does not create an attorney-client relationship

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