Merson Law Secures $1 Million Settlement in Complex Onondaga County Medical Malpractice Case
Merson Law attorney Noah M. Werksman recently secured a $1 million settlement for an older woman who suffered septic shock and the amputation of her left leg following negligent wound care in Onondaga County, New York.
The case presented significant challenges because the client had lived with venous stasis ulcers for decades and had numerous serious underlying medical conditions. The defense argued that her smoking history, vascular disease, clotting disorders, kidney disease, and other comorbidities were responsible for the deterioration of her leg. Despite those challenges, Merson Law developed compelling visual evidence documenting how her wounds progressively worsened while under the defendant doctor’s care.
Wounds Left Without Proper Treatment
The client sought treatment from a wound-care doctor in Upstate New York. The case alleged that the doctor failed to properly debride, or clean, the ulcers on her left leg and failed to take appropriate steps to support the circulation and oxygenation needed for the wounds to heal.
Her condition continued to deteriorate. She eventually awoke to discover maggots in the wounds and was rushed to the hospital in septic shock. Doctors determined that her left leg could not be saved, and it had to be amputated.
Serious Medical Conditions Complicated the Case
The client’s extensive medical history created substantial causation and trial risks. The defense pointed to decades of smoking and conditions that included peripheral vascular disease, arterial insufficiency, chronic venous hypertension, blood-clotting disorders, chronic kidney disease, COPD, malnutrition, and other serious health problems.
These conditions gave the defense multiple grounds to argue that the amputation resulted from the client’s existing health problems rather than the wound-care doctor’s failure to properly treat her ulcers.
A patient’s existing health problems, however, do not relieve a medical provider of the responsibility to account for those risks and provide appropriate care. Medically vulnerable patients may require closer monitoring and more careful treatment because their wounds can deteriorate quickly.
Photographs Documented the Progressive Deterioration
One of the most important developments in the case was Werksman’s successful effort to secure the admission of dozens of graphic photographs showing the progressive deterioration of the client’s leg and ulcers.
The photographs documented the worsening wounds and eventual maggot infestation. This visual evidence would have allowed a jury to see the progression of the injuries and evaluate whether the wound-care doctor had properly cleaned and treated the ulcers.
The strength of that evidence helped Merson Law secure a $1 million settlement despite the client’s extensive comorbidities and the substantial risks associated with taking the case to trial.
Continuing to Fight for the Client After Settlement
Merson Law’s work did not end when the settlement was reached. Through negotiation, the firm reduced the lien against the client’s recovery by approximately half, allowing her to retain more of the settlement.
Merson Law does not collect a fee from the amount saved through the lien reduction. Those additional savings go entirely to the client. This work is an important part of maximizing what the client ultimately receives from a settlement.
Speak With a Medical Malpractice Attorney
Medical malpractice cases involving wound care, infection, septic shock, and amputation can be medically and legally complex, particularly when the injured patient has serious pre-existing health conditions.
Merson Law represents patients and families harmed by negligent medical care. If you or a family member suffered a serious injury following inadequate wound treatment, contact Merson Law to discuss what happened and learn more about your legal options.
Attorney Advertising. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its individual facts.
