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Jessie Bollinger
Bollinger v. Brooksby; medical malpractice
After working many years as a secretary at Tektronix in Beaverton, Jessie Bollinger was enjoying her retirement. She visited with her family and participated in the many daily activities offered at her Tigard retirement home. However, that all changed one day in 2005 when she realized that something was seriously wrong with her vision.

Bollinger had been under the care of Portland ophthalmologist Dr. Gerald Brooksby. He prescribed her daily glaucoma medication and examined her eyes every six months. Dr. Brooksby would tell her everything was fine. But it wasn’t. Bollinger was slowly and permanently going blind. When she went to see a new ophthalmologist, the new doctor discovered permanent damage to the optic nerve and ordered a Visual Field exam, which provided evidence of a serious loss of vision. As a result, Bollinger was ordered immediately to a specialist and eventually underwent three surgeries to save what little vision she had left.

Glaucoma is known as the “silent disease.” When it is not controlled, it ever so slowly steals a person’s vision. By the time patients realize their vision is impaired, most of their vision is gone. Unfortunately, medication by itself – the treatment given to Jessie Bollinger – is no guarantee that glaucoma is under control. To be sure it is under control, an examination of the back of the eye is also required. Using a “slit lamp,” an eye doctor is supposed to check the optic nerve to make sure there is no damage to it. In addition, the eye doctor should give a yearly Visual Field exam, which is a test to determine if the patient is losing his or her field of vision. In Bollinger’s case, her physician completely failed to give a Visual Field exam; moreover, his examinations missed ongoing damage to the optic nerve.

Bollinger was referred to Larry Baron by another attorney. Working on behalf of Bollinger, Baron filed a medical malpractice claim against Brooksby for his negligence. The case settled when Baron got the eye doctor to admit that he knew patients should have visual field examinations during their yearly appointments. Brooksby could offer no reasonable explanation for his failure to do so for Bollinger.

Bollinger is grateful for the caring, personal assistance provided by Baron. “I know there are other good lawyers in town but Larry is the best,” Bollinger states. “I can’t say enough about Larry and his staff. They always treated me with respect and were concerned with how I was doing.” Bollinger no longer drives and she was impressed that Baron sent a car for her when they needed to meet in his office.

Today, Bollinger remains in good spirits despite battling a number of serious health problems. “The money from the settlement has helped me to be comfortable and deal with my medical bills,” Bollinger reports.


Jim Smith
Smith v. Kaiser; medical malpractice
During the last two decades, carpal tunnel injuries have risen dramatically among workers who perform repetitive motions with their hands, such as typing. When provided with proper treatment, which sometimes involves delicate surgical operations, people affected by carpal tunnel issues can resume their normal work and life activities. However, improperly diagnosed conditions and botched medical procedures happen far too often.

Jim Smith (name changed at client’s request) works for a  law enforcement agency in Portland. His job requires him to use his hands a great deal. In late 2006, Smith decided to seek treatment for pain that he was feeling in his hand. “I realized that I was having carpal tunnel problems, and that I needed to see a doctor,” the man recalls.

Smith consulted  Kaiser Permanente. A surgeon recommended a left median nerve release at the carpal tunnel. During the surgery, the surgeon cut and severed the left flexor pollicis longus or FPL tendon, which is not supposed to be cut as part of the procedure. Following his surgery, Smith experienced pain and was unable to flex his left thumb. “Right away, I knew that something was seriously wrong,” he says.

About one month after his surgery, Smith went to see another Kaiser surgeon, for a second opinion. The new surgeon diagnosed a likely rupture of the FPL tendon and performed exploratory surgery, which confirmed his diagnosis. The second surgeon went on to repair the ruptured FPL tendon. Although his FPL tendon was repaired, Smith continued to suffer pain and usage limitations. He later underwent occupational therapy to learn how to live with his damaged left hand.

Due to ongoing discomfort and the belief that the Kaiser surgeon had been negligent in his initial treatment of him, Smith decided to consult an attorney. His wife learned of Larry Baron and gave him a call. Baron helped Smith file a claim against Kaiser for medical negligence and breach of duty. The claim eventually resolved with a settlement agreeable to both sides.

Thanks to the settlement negotiated by Baron, Smith obtained  compensation for the permanent damage to his hand. He was also able to pay his medical bills. He’s gratified he held Kaiser accountable for the  error and interruption the error caused to  his career and personal life.

Smith enjoyed working with Baron’s office and recommends him to others. “Larry and his staff were just great,” he says. “They showed interest in me and were always there when I needed them.”

Although he still experiences pain, Smith has been able to resume a normal routine. “Overall, things are good. I’m still undergoing some issues with my hand, but thankfully it’s really never going to get any worse,” he reports.


Toni Yuckert
Yuckert v. Dordevich; medical malpractice
As people age, prescription drugs often play a vital role in helping them maintain optimum health. Toni Yuckert, relied on Vioxx to alleviate arthritis pain and counted on the medication to allow her to enjoy life to the fullest. Like many others, Yuckert trusted her physician to ensure that her prescription was was suited for her. Unfortunately, her doctor made a critical mistake and took away much of Yuckert’s freedom.

A devoted mother and grandmother, Yuckert was an administrative assistant for the Parkrose School District in northeast Portland. After returning from a vacation to China with her husband Mike, Yucker suffered a serious stroke. The stroke left her partially paralyzed on her right side and unable to speak more than a few words.

At the time, Yuckert was taking 100mg of Vioxx per day at the recommendation of her doctor. However, the maximum recommended dosage of Vioxx was only 25mg a day. Rare exceptions allowed up to 50mg a day. We now know that Vioxx was a major contributor to heart attacks and strokes for many unsuspecting Americans. Although Merck – the manufacturer of Vioxx – was able to conceal these risks for many years, Vioxx was eventually pulled from the market.

Extensive media coverage regarding the health risks of Vioxx spurred Mike Yuckert to pursue legal action against Merck.

Another attorney referred Mike Yuckert to Larry Baron. When the Yuckerts first approached Baron, they were focused on holding Merck accountable. Vioxx had recently been recalled and it was obvious that the medication contributed to Toni’s stroke. However, as Baron studied Mrs. Yuckert’s medical records, her physician’s level of carelessness also became obvious. In addition to arthritis, she suffered from high blood pressure. In fact, that was what made Vioxx so dangerous for her.

Vioxx actually contributes to high blood pressure. Although her physician, Dr. Dejan Dordevich, prescribed blood pressure medication, it was countermanded by the abnormally high level of Vioxx he prescribed. Dr. Dordevich also failed to monitor Yuckert’s blood pressure appropriately. Rarely did he even take her blood pressure – a standard practice when caring for patients with high blood pressure. On the few occasions when Yuckert’s blood pressure readings were taken, they were dangerously elevated and no effort was made to address the problem. Baron and the Yuckerts decided to file a claim against Dr. Dordevich.

Through legal negotiations, Baron helped the Yuckerts reach a settlement with Dr. Dordevich. Mike Yuckert appreciated Baron’s dedication to the case and his determination. “I was really impressed with the amount of research Larry and his staff put into the Vioxx issue,” Mike says. “They were great and always kept us informed. I can’t say enough good things about Larry. While Toni can't express herself completely, she has made it clear to me she is thankful to Larry and his staff. ”

The settlement helped the Yuckerts make changes in their home and lives to accommodate Toni’s disability.


Holly Walker

Walker v Harri; medical malpractice
Living in eastern Oregon, Holly Walker enjoyed gardening and exploring the outdoors Holly Walkerwith her three children. However, she periodically experienced abdominal pain that eventually became serious enough for her to seek medical treatment. Unfortunately, a physician made a critical mistake in treating Walker that changed the quality of her life forever.

In the spring of 2006, Walker developed pain in the upper right quadrant of her abdomen. She was referred by her primary care physician to a gastroenterologist in Walla Walla, Washington. The gastroenterologist recommended an Endoscopic Retrograde Cholangiopancreatography (ERCP), a procedure used to identify kidney stones, tumors or narrowing in the bile ducts. He informed Walker that the procedure she needed was fairly simple and carried limited risks for complications. However, during the procedure, the gastroenterologist encountered problems and performed a risky “pre-cut” to better access Walker’s bile duct. His attempt to perform the pre-cut led to a punctured duodenum, which was not detected during Walker’s surgery.

With a torn duodenum, intestinal contents – including bile, hydrochloric acid, food, liquids, and enzymes for digesting food – spill into the abdomen. This life-threatening mixture is noxious and eats away at vital tissues and structures.

Immediately after surgery, Walker felt ill and experienced a great deal of pain. Nevertheless, she was discharged from the hospital, and her condition continued to deteriorate. The following day, Walker went to the emergency room where she was admitted and kept for observation for three days. On the third day, a CT scan was ordered and it revealed the perforated duodenum. Walker’s condition was considered critical, and a Life Flight helicopter was arranged for her immediate transport to Oregon Health Sciences University (OHSU) in Portland. After nearly a month of recovery at OHSU, Walker was released and returned home.

Walker realized that she had been the victim of medical malpractice and consulted an attorney for advice. She was eventually referred to Larry Baron, who handled her case against the gastroenterologist. With the help of medical experts, Baron was able to demonstrate that the ERCP procedure should never have been performed and that the physician was negligent during surgery and in the post-surgery care he provided. Because of that, the case was successfully settled at mediation.

Walker was impressed by Baron’s determination to hold the gastroenterologist accountable and by his accessibility to her. “Larry really did his research into my medical condition and was very professional,” she said. “He was always available and willing to answer my questions.”

Today, Walker’s life has largely returned to normal despite continuing to suffer from abdominal pain that was not addressed by her surgery two years ago. “I still feel residual pain, but the resolution of my case has helped me move on with my life.”top

 
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