Articles
New Medicare rules too harsh, some say
Fayrell Furr Jr.
- Medical and Health Professionals, South Carolina Jurisprudence, 1996
- "Medical Malpractice, Plaintiff's Perspective", South Carolina Practice Manual, 2000
- Permissible Arguments on Damages in Closing Arguments, 2002
Charles L. Henshaw Jr.
- "Torts, Annual Survey of South Carolina Law", 32 South Carolina Law Review 205, 1980
Karolan F. Ohanesian
- "Medical and Health Professionals in S.C. Jurisprudence", (Co-author), 1996
- "Permissible Arguments on Damages in Closing Arguments", (Co-author), 2002
Pamela Marie Secrest
- A Model for Quality Management of Non-Profit Health Care Facilities (co-author), Institute for Operations Research and Management Sciences. Myrtle Beach, SC, The Proceedings, 1996 Annual Meeting
Verdicts / Settlements
Patient Recovers Settlement After Back Surgery Performed At Wrong Vertebra
The plaintiff (age 68) was scheduled to undergo a laminectomy at L4-5, however, the defendant negligently performed a decompressive laminectomy at L5-S1 instead. Once the error was discovered the plaintiff had to undergo a second surgery to correct L4-5 as well as an additional spinal stabilization surgery.
Principal injuries (in order of severity): Unnecessary surgery, back and radiating leg pain with trouble walking and scarring.
Special damages: $157,042 in medical expenses, $432 in prescription expenses, $10,809 in lost wages and $605 in mileage expenses.
Tried or settled: Settled
County where tried or settled: Horry
Case name and number: Confidential
Date concluded: December 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Dr. William Daniels (orthopedic surgeon expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach
Patient Who Was Prescribed Blood Thinner After Suffering Hematomas Recovers Settlement For Resulting Disabilities
The plaintiff (age 70) was prescribed Plavix, a blood thinner, after sustaining bilateral subdural hematomas. Several days later it was discovered that the plaintiff's condition had worsened and that she had a large subdural hematoma over the entire convexity of the left side of her brain requiring her to undergo a craniotomy. The plaintiff never fully recovered from her injuries and remained disabled until her death.
Principal injuries (in order of severity): Brain damage resulting in physical and mental impairments including memory loss, inability to walk independently, inability to perform activities of daily living and seizures.
Special damages: $79,901 in medical expenses and $42,392 in miscellaneous expenses.
Tried or settled: Settled
County where tried or settled: Charleston
Case name and number: Confidential
Date concluded: October 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's experts: Ellen Barker, MSN (neurology nursing expert); Wouter Schievink, M.D. (neurology expert); Susan Wester (nursing expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach, and James Moss, of Beaufort
Plaintiff With Cerebral Palsy Settles Claim That Doctors Failed To Perform C-Section
The plaintiff (current age 16) suffered hypoxic ischemic encephalopathy resulting in cerebral palsy during labor and delivery due to the defendants' failure to timely perform a c-section in response to concerning fetal heart monitoring strips, the plaintiff's arrested descent through the birth canal and the plaintiff's mother's prolonged second stage of labor.
Principal injuries (in order of severity): Athetoid cerebral palsy resulting in involuntary and purposeless movements, which interferes with speaking, feeding, reaching, grasping and other skills required for activities of daily living; loss of bowel and bladder function; permanently wheelchair bound; and mild to moderate mental retardation.
Special damages: $24,885,099 for past and future medical expenses and costs associated with caring for the plaintiff for the rest of his life. In addition the plaintiff has suffered an estimated $1,744,594 in loss of earning capacity.
Tried or settled: Settled
County where tried or settled: Charleston
Case name and number: Confidential
Date concluded: June 2006
Name of judge: n/a
ffInsurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's experts: Dr. Margaret Greer (psychology expert); Dr. Curtis Cetrulo, Dr. J. Patrick Lavery and Dr. Gerard DiLeo (obstetrician/maternal fetal medicine experts); Marilyn Bello, RN and Linda Wimmer, RN (nurse experts); Dr. Harley Ginsberg and Dr. Howard Harris (neonatology experts); Dr. William Trescher (neurology expert); Steven Shapiro (genetics expert); Dr. Jeffrey Creasy and Dr. Ralph Heinz (radiology/neuroradiolgy experts); Marsha Callahan, PT (physical therapy expert); Diana Bal, OTR (occupational therapy expert); Sally Asquith (speech pathology expert); Dr. Michael McLeod (economic expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach; Stephen Futeral, of Mount Pleasant; and Ronald Manasco, of Durham, N.C.
Settlement Reached In Suit Over Damage To Right Kidney During Surgery To Remove Left
The plaintiff (age 57) underwent surgery to have his left kidney removed. During the surgery the defendant damaged the right renal artery and kidney after which he became comatose and began showing signs of multiple organ failure. The plaintiff never improved from his condition and was pronounced dead a few days later.
Principal injuries (in order of severity): Death.
Special damages: $380,038 in medical expenses, $5,253 in funeral expenses and $742,734 in lost wages.
Tried or settled: Settled
County where tried or settled: Horry
Case name and number: Confidential
Date concluded: May 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's expert: Dr. George Suarez (urology expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach
Suit Settled In Case Of Toddler Child Abuse Victim Whose Injuries Weren't Reported To DSS
The plaintiff (age 1 1/2) was seen in the ER after becoming unable to walk or use her right side and a CT of the head was ordered which showed a skull fracture. The plaintiff was discharged without anyone contacting the Department of Social Services, despite her injuries, and was then rushed back to the hospital two days later at which time a CT scan showed a skull fracture along with bleeding from the brain. The plaintiff never regained consciousness and was pronounced dead two days later. It was later determined that the plaintiff's injuries were sustained as a result of child abuse.
Principal injuries (in order of severity): Death.
Special damages: $21,473 in medical expenses and $9,199 in funeral expenses.
Tried or settled: Settled
County where tried or settled: Horry
Case name and number: Confidential
Date concluded: April 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's experts: Dr. Richard Serra (emergency medicine expert); Dr. Stefan Skalina (radiology expert); Dr. Mark Weber (pediatric emergency medicine expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach; and John Clarke, of North Myrtle Beach
Patient With Renal Disease Settles Claim Over Prescription Of Contraindicated Med
The plaintiff (age 39) who had a history of polycystic renal disease and family history of kidney disease, was prescribed Indocin by the defendant for gout even though it is contraindicated in patients with renal disease. As a result of taking this medication the plaintiff developed acute renal insufficiency superimposed on chronic renal failure and was started on dialysis and placed on a waiting list for a kidney transplant.
Principal injuries (in order of severity): Renal failure, dialysis, kidney transplant.
Special damages: $2,438,616 in medical damages, $224,770 in lost wages and $170,000 in future medical expenses.
Tried or settled: Settled
County where tried or settled: Darlington
Case name and number: Confidential
Date concluded: April 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Dr. Wayne Blount (family medicine expert); Dr. Austin Pattner (nephrology expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach; and Gary Finklea, of Florence
Botched Gallbladder Surgery Resulting In Stroke Nets Settlement For Patient
The plaintiff (age 67) underwent laparoscopic gallbladder surgery at which time the defendant surgeon hit the right hepatic artery resulting in excessive blood loss and rapid drop in blood pressure that was not controlled in a timely manner. As a result of this the plaintiff sustained a stroke.
Principal injuries (in order of severity): Stroke resulting in loss of ability to perform any activities of daily living without assistance from either a family member or sitter.
Special damages: $221,821 in medical expenses, $408,667 in lost wages and $551,958 in miscellaneous expenses.
Tried or settled: Settled
County where tried or settled: Charleston
Case name and number: Confidential
Date concluded: March 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiffs expert: Dr. Michael Hadsell (anesthesiology expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach
Cyclist Settles Medmal Claim Over Hematoma That Resulted In Paraplegia
The plaintiff (age 43) was seen in the emergency room after a biking accident and was diagnosed with a wedge-type compression fracture at the T-6 level with moderate hematoma. Despite his injuries the plaintiff was discharged and was then rushed back to the hospital two days later at which time it was discovered that the plaintiff's condition had worsened and he underwent surgery for laminectomy and evacuation of a hematoma. However, his condition continued to deteriorate resulting in paraplegia.
Principal injuries (in order of severity): Paraplegia, wheelchair bound, loss of bowel and bladder control and impotency.
Special damages: $297,668 in medical damages, $1,490,173 in lost wages and $2,499,503 in future medical care costs.
Tried or settled: Settled
County where tried or settled: Dorchester
Case name and number: Confidential
Date concluded: March 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's experts: Dr. Lance Falk (emergency medicine expert); Dr. Charles Rawlings (neurology expert); Dr. Oliver Wood (economic expert).
Attorneys for plaintiff: O. Fayrell Furr Jr., of Myrtle Beach
Suit Settled In Case Of Retirement Home Resident Who Was Given Wrong Prescription
The plaintiff (age 84) was written a prescription for Reminyl that was erroneously filled as Risperdal soon after becoming a resident of the defendant retirement community and the plaintiff was given several doses of the wrong medication. After becoming lethargic and slurring his speech, the plaintiff was transferred to the defendant hospital where it was requested his medications be brought over from the defendant retirement community and the hospital continued giving him the wrong medication until the error was later discovered. The plaintiff never recovered from the effects of taking the wrong medication and his condition continued to deteriorate until his death.
Principal injuries (in order of severity): Death, Risperdal toxicity, altered mental status, drug induced hepatitis, slurred speech.
Special damages: $57,127 in medical expenses and $1,492 in funeral expenses.
Tried or settled: Settled
County where tried or settled: Georgetown
Case name and number: Confidential
Date concluded: January 2006
Name of judge: n/a
Insurance carriers: n/a
Expert witnesses & areas of expertise: Plaintiff's experts: Dr. Robert Bennett (toxicology expert); Dr. Glen Farr (pharmacology expert).
Attorneys for plaintiff: Karolan F. Ohanesian and O. Fayrell Furr Jr., both of Myrtle Beach
