Robert A. Creo Arbitrator & Mediator

Case Settlements

Medical Malpractice   

Complications arose following a routine diagnostic colonoscopy.  A middle aged man was admitted to the hospital, but died within thirty six hours due to sepsis following a rupture of a cecum.  Although the physician denied legal responsibility to be consented to, a settlement by compromise was reached on damages. At the concluding joint session to review the joint terms, the defendant (the physician) asked permission to make a statement following a brief private conversation with counsel.  His counsel advised everybody that he thought the physician should speak.  The physician looked across the table at the wife and son, and in a tear strained voice expressed his deepest sorrow and regret.  The widow responded emotionally and thanked him for this sincere words and said how she appreciated his and everybody else's behavior in the mediation. 

As a mediator I was very pleased that we were not only able to settle the case and bring closure to all involved, but that an authentic transformation of the perceptions and beliefs evolved from the process.

                                                -2008-

Central, Pennsylvania, August 2008
Wrongful death claim involving a 23 year old women against the nurses, residents, attending physicians and hospital due to the failure to diagnose and treat a postpartum hemorrhage following a caesarean section delivery resulting in her death.

Philadelphia, Pennsylvania, May 2008
Claim of nursing/medical malpractice involving two major deviations from the standard of care by the Hospital and its Nurse in the diagnosis and treatment of a women which resulted in serious injuries and death.

Eastern Pennsylvania, April 2008
Death of a 52 year old man alleging failure of nurse to adequetly monitor resulting in his tracheostomy tube disloging causing severe brain injury then death.

Eastern Pennsylvania, April 2008
Permanent disability due to doctor improperly entering an epidural needle in to the spinal cord and injecting edidural steroid into the spine.


                                                -2007-

Eastern Pennsylvania, August 2007
Claim of a twelve year old child against hospital and treating physicians for failure to diagnose heart problem known as Patent Ductus Arteriosus (PDA) and allegations of negligent surgery following the delayed diagnosis.

Harrisburg, Pennsylvania, May 2007
Wrongful death claim of a highschool student against hospital and treating physicans for improper reading of EKG strip failing to diagnose Long QT Syndrome.

Eastern Pennsylvania, May 2007
Wrongful death claim for failure to diagnose testicular cancer.

Eastern Pennsylvania, March 2007
Permanent disability resulting from alleged delay in treating a closed head injury in the emergency room and by the neurosurgeon.

-2006-

Pennsylvania, September 2006
Claim by 67-year-old male against hospital and treating physicians for failure to properly treat malignant melanoma resulting in metastases.

Philadelphia, June 2006
Death of a 59 year old executive alleging overmedicating and failure to monitor resulted in aspiration on his own vomitus.

 

Philadelphia, May 2006

Alleged renal failure in 29 year old male due to failure to test, monitor and treat hight blood pressure.

 

Case Capsules 2006

 

Pennsylvania

Claim against health care provider for accidental amputation of the tip of the left ring finger of a female infant.  Health care provider representatives investigated incident and implemented changes in procedures to reduce the risk of future similar incidents.  Representatives of the health care provider personally apologized to the parents at the mediation session.  The child attended the mediation.

 

Pennsylvania

Death of an elderly woman who had fallen from her bed and was not attended to promptly.  Chief Executive Officers and Vice Presidents participated in the mediation to except responsibility on behalf of the institution.  As part of the settlement, independent reviews by professional consultants would be performed.

 

Pennsylvania

Death of fetus while in the final days of gestation, claiming the health care providers failed to properly monitor and treat during the final phase of pregnancy.  The settlement included support for a non-profit foundation, which was established by the parents to provide assistance for funeral expenses of indigent parents unable to afford an appropriate funeral for deceased newborns.

 

Pennsylvania 2006-Settled at mediation and will go to arbitration

Claim pending in Federal Court deferred to High/Low Arbitration by agreement of parties involving claim of permanent nerve damage arising from the drawing of blood.

Pennsylvania, May 2006
Allegations that severe brain injury in newborn was caused by physician abandoning mother to deliver another child and nurses failed to properly monitor fetus’s condition and did not follow hospital protocols in obtaining another physician.

 

Philadelphia County, Pennsylvania, May 2006
Death of 40 year old female in front of husband and two young children alleging failure of  hospital emergency department to detect and treat systemic bacteria illness (necrotizing faciitis) the prior evening.

 

Pennsylvania, May 2006

Delay in treatment of compartment syndrome resulting in “drop foot”.

 

Pennsylvania, May 2006

The delay in responding to a non-reassuring fetal strip delayed “VBAC” Vaginal Birth After Cesarean, allegedly resulting in cerebral palsy.  Defendant agreed to settle with plaintiff and arbitrate apportionment of liability. 

 

Pennsylvania 2006
Death of 91 year old woman for failure to stop Prednisone after 10 days, death, pain and suffering in nursing home.

Philadelphia, Pennsylvania May 2006
Death of a young mother of three children for alleged failure to monitor and react to critically low blood glucose levels.

Pennsylvania 2006
Claim by a young woman athlete that failure to monitor and respond to infection following knee surgery caused long term knee complications.

Philadelphia, Pennsylvania May 2006
Claim settled with plaintiff for permanent injury to premature baby resulting in an apportionment of liability arbitration.

Pennsylvania, 2006
Death of child due to alleged anesthesiology negligence during an elective spine surgery.

Pennsylvania, 2006
Alleged cognitive impairment of child due to delay in performing a cesarean section.
 

Pennsylvania, 2006
Claim against hospital for extubation of child who survived for ten years with severe brain and other injuries.


Pennsylvania, 2006
Claim for death of newborn child for failure to perform a caesarean section despite non-reassuring fetal monitoring strips.

Pennsylvania, 2006
Claim against doctor for delay in diagnosis and treatment resulting in permanent disabilities. 

Eastern Pennsylvania, February 2006
Claim by middle aged woman against dentist for neglecting to biopsy an ulcer resulting in delay in diagnosing cancer and surgical removal of one-third of tongue.

Pennsylvania, February 2006
Action for 38 year old woman who suffered hear attack alleging experimental treatment for ADRS and ngligence of nurses caused death.

Philadelphia, Pennsylvania, February 2006

Claim for 59 year old man, against surgeon for permanent disabilities alleging negligence in a femoral revision of the left hip.

 

Pennsylvania, January 2006
Claim for delay and improper sterile speculum and failure to double set-up cesarean section separation alleging permanent cognitive disability during birth.

 

Western Pennsylvania, January 2006

Claim for wrongful death for retired nurse against physician and hospital for improper reading of EKG, resulting in failure to timely treat her.

 

Pennsylvania, January 2006

Claim against surgeon and staff for negligence during abdominal surgery.

 

-2005-

 

Pennsylvania, December 2005

Claim for wrongful death for failure to examine 50 year old woman with symptoms indicative of heart attack.

 

Pennsylvania, December 2005

Claim for death of 53 year old man due to failed reintubation in response to a cuff leak.

 

Pennsylvania, December 2005

Claim against healthcare providers for a delayed diagnosis of a benign pituitary tumor, resulting in various injuries including monocular vision loss and growth retardation.

 

Eastern Pennsylvania, December 2005
Claim for permanent hypoxic injury to child alleging failure to timely respond to monitor alarms.

Pennsylvania, November 2005
Death claim for man in his early 40's for failure to timely diagnose and treat Rocky Mountain Spotted Fever.

 

Pennsylvania, November 2005
Child death caused by administration of improper solution contained high sodium during surgery.

 

Pennsylvania, November 2005
Claim for death of 60 year old who needed a liver transplant but when one became available the operation had to be postponed due to an alleged negligent delay in obtaining lab results.

 

Eastern Pennsylvania, October 2005
59 year old female claiming permanent paraplegia injuries caused by failure of nursing staff and physician to properly monitor and treat her post-surgery.

 

Pennsylvania, October 2005
Claim that unnecessary back surgery was performed negligently resulting in permanent injury of incontinence and a right foot drop.

 

Pennsylvania, October 2005
Claim for permanent disability for failure to diagnose and treat cardiac tamponade.

 

Pennsylvania, October 2005
Wrongful death claim for 62 year old male who entered hospital due to bone fractures and died eight months after discharge alleging obtained infection due to nursing error.

Pennsylvania, September 2005
Mediation conducted after a full trial which resulted in a hung jury of a claim for birth trauma alleging delay in c-section and lack of informed consent.

 

Central Pennsylvania, September 2005
Claim alleging medical negligence against doctor for improper positioning of screws during back surgery of spinal fusion with instrumentation.

 

Eastern Pennsylvania, August 2005
Claim for death of sixty-five year old female alleging improper intubation. 

 

Philadelphia Pennsylvania, August 2005
Verdict obtained in favor of young female for serious illness resulting from surgery mediated while case was on appeal to Superior Court after post-trial motions had been denied.

Eastern Pennsylvania,  August 2005
Claim by spouse and minor children for wrongful death of 35 year old female who presented at two separate Hospital Emergency Rooms and was discharged with undiagnosed heart condition.

Pennsylvania, August 2005
Claim for failure to diagnose pituitary gland tumor resulting in partial loss of vision and other disabilities.

Eastern Pennsylvania, August 2005
Claim against midwives and hospital nurses for failure to timely perform a C-section alleging causation of cerebral palsy of newborn.

Eastern Pennsylvania, August 2005
Claim by a sixty-five year old woman for amputation of leg above knee following knee replacement surgery.

Pennsylvania August 2005
Claim against neuro-surgeon that he damaged nerves during operation for removal of cancerous tumor.  

Eastern Pennsylvania, August 2005
Claim involving death of middle aged man during brain surgery.

Pennsylvania, August 2005
Death claim for failure to provide sufficient oxygen for young man.

Central Pennsylvania, July 2005
Case involving death of a six month old child alleging failure to diagnose and treat a bowel perforation.


Eastern Pennsylvania, July 2005
Allegation that a  baby died as a result of the physician failing to diagnose "Big Baby" and failing to perform a cesarian section in a timely manner.

 

Western Pennsylvania, July 2005

Claim against surgeon for improper placement of a PICC line in a teenage boy during an appendectomy, causing a slight stroke.

Central Pennsylvania, June 2005
Claim alleging surgeon performed hysterectomy unnecessarily and improperly on 28 year old woman.

 

Central Pennsylvania, April 2005

Claim against physician alleging negligence in failing to recommend appropriate cancer screening tests for seventy-four year old male.  Additional claim filed against surgeon alleging he negligently ligated both ureters during the surgery causing lengthy post operative course and numerous complications.  Case involved both wrongful death and survival actions


Pennsylvania, April 2005
Claim alleging radiologist failed to diagnose congenital diaphragmatic hernia (CDH).  Sonogram showed that child should have been delivered by cesarean with a team available for surgery.  This resulted in permanent cognitive disability in the child including blindness.  


Western Pennsylvania, April 2005
Claim against physician for failure to fully and properly remove cancer polyp of the colon of a sixty-nine year old woman.

Western Pennsylvania, April 2005
Claim by parents against physician and nurse claiming improper delivery by inappropriate fundal pressure and excessive force or improper McRoberts and Woods Screw Maneuvers.  Child suffered a permanent shoulder dystocia.  There was no cognitive disability as a consequence of fetal hypoxia/anoxia.

Western Pennsylvania, April 2005

Claim against hospital alleging child lost one kidney due to nurse improperly removing sutures, causing infection following treatment.  Defendant admitted liability and causation.


Eastern Pennsylvania, April 2005
    
Claim for failure to timely diagnosis and treat bleeding in post-partum 39 year old female, resulting in permanent injuries and loss of employment.  Two physicians consented to settle and the hospital and one physician were dismissed from case without contribution. 

Central Pennsylvania, March 2005
Mediation after summary of action motion was granted for plaintiff on liability and causation against physician for improper penal implant operation.

Medical Malpractice Partial Settlements

Pennsylvania, September 2005
Allegation involving gastric bypass surgery.  Parties agreed to go to bench trial with hi-low agreement on issues of negligence and causation.

More Medical Malpractice Settlements

Personal Injury

Eastern Pennsylvania, July 2008
Claim involving permanent disability (quadriplegic) then death of an elderly man as a result of an automobile accident.

Eastern Pennsylvania, June 2008
Claim of negligence against a doctor causing severe motor and sensory nerve injuries and permanent sensory deficits and paresthesia.

Philadelphia, Pennsylvania, January 2008
Claim against possessor of land for past and future pain and suffering due to a fire.

Pittsburgh, Pennsylvania, April 2008
Claim of personal injury arising from an alleged injury involving a treadmill.

Western Pennsylvania, July 2007
Bad faith claim for underinsured motorist.

Centre County, Pennsylvania, August 2006

Claim by elderly women for injuries to eye and foot sustained as passanger in motor vehicle accident requiring a six week hospitalization.  Defendants were a delivery truck and her husband as driver of her own vehicle.

 

Western Pennsylvania, July 2006

Gentleman's claim against Municipality, as Employer of the Plow Operator, alleging that snow plow failed to raise the plow to provide sufficient room for his car to pass from opposite direction, causing car to go off road sustaining back injury and permanent disability.

 

Eastern Pennsylvania, November 2005
Bad faith claim for underinsured motorist.

 

Pennsylvania, October 2005
Allegation of sexual molestation involving disabled man.

 

Western Pennsylvania, May 2005

A roofing contractor came in contact with damaged or deteriorated power lines on a residential roof.  He filed a suit against both the power company and the property owner.  He spent a few days hospitalized, and claimed short-term memory loss as a result of the shock.  The case was mediated successfully the day before jury selection was to begin.


Liability

Central Pennsylvania, November 2005
Section 1983 and other claims against city police officers for positional asphyxiation death of a man with bipolar disorder, in the course of a Pennsylvania 302 and voluntary commitment. 

2005
Claim for adverse side-effects of drug prescribed off-label.

Western Pennsylvania, July 2005                                                                      Claim of defective window/screens causing a twenty-two (22) month old child to fall from third-story window causing injury to legs.

Eastern Pennsylvania, March 2005
Claim for permanent injury to dominant hand and wrist of middle aged woman who is an artist and craftsperson. She was injured while driving when heavy objects fell onto the roadway from an improperly loaded pickup truck.

January 28, 2005
Premise liability against educational facility for failure to supervise and remove dangerous condition. Resulted in student falling from tree and suffering permanent cognitive disabilities.

Employment

Pennsylvania, July 2007
Claim by former employee under collective bargaining agreement not retained by successor employer.

 

Pittsburgh, Pennsylvania, March 2007
Claim by senior executive that he was improperly furloughed in reduction of force as retailation for complaining about supervisor to human resources in accordance with company policies.

Pennsylvania, October 2005
Claim of race discrimination for supervisor terminated from school district.

Pennsylvania, December 2005
Americans for disability act claim by physician alleging termination from employment by health systems based upon discrimination due to his disability.

Pennsylvania, 2005
In a mediation ordered by federal court, claim by teacher against school district alleging failure to hire for permanent position based on gender discrimination. 

Western Pennsylvania, April 2005
Vice President of small high-tech company alleged termination due to her gender, specifically discrimination based on pregnancy and childbirth.

January 2005
Case involving a school cafeteria monitor who was terminated for allegedly repeatedly poking students with finger.

Commercial

Pennsylvania, December 2005
Commercial claim for loss of real estate equipment and termination of business against defendant contractor, project manager, and utility.  The case settled one defendant at a time with the final defendant settling while jury was deliberating.  Final Settlement terms were comparable to those recommended by the mediator.

Western Pennsylvania, August 2005
Claim for delay of lost revenues in opening of ice rink due to accident during construction phase. 

Securities

Western Pennsylvania, February 2005
Claim by an investor that brokers failed to properly manage brokerage account and made inappropriate trades.

Construction

Pennsylvania, April 2008
Breach of contract claim involving the failure to pay the agreed-upon final installation payment. 

Pennsylvania, October 2005
Claim by electrical contractor for delay on water treatment project.

Western Pennsylvania, September 2005
Claim against corporation alleging failure to meet the standard of good workmanship and breach of warranties.

Western Pennsylvania, September 2005
Claim against company owner for failure to pay subcontractor.

Western Pennsylvania, August 2005
Claim by school district against architect for design specification failure, following arbitration award by prime contractor against district.

Western Pennsylvania, January 2005
Claim by two contractors for payment against school district and architect involving construction of athletic facilities.

Arbitration

Western Pennsylvania, February 2005
School teacher termed for giving inappropriate picture of rock star, Sting, to an eighth grade student.

Western Pennsylvania, February 2005
Determination of liability and damages for death of elderly man who suffered repeated falls while hospitalized.


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