Buxbaum, Daue & Fitzpatrick
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There are two primary reasons for pursuing a legal claim for damages:

   1.) providing justice and fair compensation for those injured by improper and negligent conduct
   2.) deterring and preventing similar conduct that may harm others.

By focusing attention on careless and dangerous policies and procedures, many of our cases have brought about changes that have made medical practices safer for others. Our cases have led to the creation of educational endowments and information sharing in the field of cancer diagnosis. One of our cases contributed critical funding to a foundation which provides adaptive equipment for crippled children. One case led to changes in patient tracking and followup to assure that potentially dangerous medical conditions are not missed because of innocent mis-communication or misunderstanding between patients and their doctors.

Our work for clients often does not end until arrangements are completed to safely invest and protect their recoveries. Where appropriate, we help set up special settlement preserving trusts, conservatorships and structured settlements (limited or lifetime annuity payments). We also assist in resolving creditor claims and liens on settlement funds. We work with other specialists to help eliminate or reduce taxes on our clients’ recoveries, and on the income they earn from investing those recoveries. We provide all of these services without additional charge.

We are also proud of our many clients who have had the courage to pursue their claims, allowing them or a loved one to live out the balance of their lives with a measure of dignity, independence and financial security. Despite what you read and hear about “jackpot justice” and “frivolous lawsuits,” pursuing a legal claim is a difficult and serious effort. As we have in the cases listed above, we stand ready to help those with serious injuries pursue all valid claims to successful recovery.

The following are actual recoveries we have made for our clients. We believe that the results obtained by a law firm for its clients are an important measure of the firm’s skill and experience. However, clients must be aware that because each case is different, the result in one case does not guarantee the same or similar result in other cases. Because almost all of our cases are resolved confidentially, we can only provide a very limited amount of information about each case so that the identity of our clients, and the defendants from whom the recovery was made, remain confidential.

Description: Recovery:

Delayed diagnosis of infection causing death of 2½ year old child

$1 Million
Brain damage to newborn

$1.4 Million
Motor Vehicle Accident: ejection of passenger and incomplete paraplegia

$1.15 Million
Failure to timely deliver baby resulting in brain injury

$1.1 Million
Construction worker wrist injury

$725,000
Failure to timely deliver baby resulting in brain injury

$1.75 Million
Failure to diagnose herpes infection in newborn resulting in brain injury

$282,500
Semi-truck failure to yield causing death of elderly driver

$850,000
Neck injury from defective bathroom door in a commercial building

$160,000
Failure to diagnose pregnancy induced toxemia in mother; brain injury to child

$1.5 Million
Failure to diagnose breast cancer in elderly woman; treated and survived

$240,000
Injuries from vehicle rollover on unprotected government site

$500,000
Damage to kidneys from prescription drugs

$690,000
Complication of prescription heart medication

$225,000
Fracture of both legs in car accident

$636,000
Failure to repeat exams for suspicious breast lump in young woman

$280,000
Surgical error in spine surgery resulting in severed nerves causing chronic pain.

$1.2 Million
Surgical error in gallbladder surgery resulting in severe infection

$700,000
Surgical error: failure to remove diseased endocrine gland

$585,000
Insurance Bad Faith and agent misconduct

$449,338
Nerve injury during gynecologic surgery

$250,000
Undiagnosed post-operative knee infection

$185,000
Inappropriate physician-patient relationship

$105,000
Failure to diagnose closed head injury in construction worker accident

$440,000
Failure to treat Accutane drug reaction in teen resulting in permanent scarring

$180,000
Failure to diagnose spinal cord stroke

$535,000
Defective artificial hip joint

$250,000
Emergency room negligence resulting in disfigurement

$450,000
Injury to child caused by failure to transfer to better equipped hospital

$300,000
Death of child caused by failure to timely deliver

$300,000
Failure to diagnose pregnancy induced heart disease resulting in stroke of mother

$1 Million
Surgical injury to phrenic nerve during reflux surgery resulting in dysmotility of stomach

$301,333
Defective highway design causing injuries

$375,000
Surgical error during prostate surgery

$250,000
Surgical error in gastrointestinal surgery

$475,000
Surgical error in gallbladder surgery

$340,000
Dental malpractice: Failure to prepare and protect airway during dental extraction

$350,000
Spinal cord stroke from medication reaction

$750,000
Failure to diagnose spine trauma

$1.5 Million
Failure to diagnose kidney tumor

$ 285,000
Failure to diagnose lung infection

$750,000
Failure to diagnose peritonitis

$475,000
Failure to monitor administration of diet drugs

$490,000
Failure to deliver baby causing permanent injury

$850,000
Surgical error and post-operative infection in placement of colostomy

$300,000
Failure to diagnose pulmonary emboli (clots in lungs)

$725,000
Failure to diagnose melanoma

$900,000
Giving antibiotic to patient with known allergy to the drugs causing severe skin reaction

$525,000
Failure to diagnose spinal cord infection resulting in paraplegia

$500,000
Hospital error in charting family’s request for resuscitation of patient

$300,000
Surgical error and post-operative infection of the foot

$650,000
Failure to summon anesthesia for caesarian section

$2.8 Million
Defective drug causing various types of injuries (worked with other lawyers to obtain a confidential group settlement). Believed to be the largest recovery in a drug product liability case in Montana history.

$X Millions
Nursing Home Negligence resulting in severe burns

$275,000
Failure to recognize and follow-up mammogram abnormality resulting in delayed diagnosis and treatment of breast cancer

$875,000
Medication error after surgery causing respiratory failure and death

$1.5 Million
Failure to diagnose and timely treat glaucoma

$530,000
Negligent ER care for disoriented person

$260,000
Injuries from rear-end auto accident

$125,000
Negligent administration and monitoring of heart medication

$325,000
ER: Failure to maintain confidentiality and recognize situational depression

$225,000
Failure to recognize antibiotic reaction in child

$278,000
Injury to truck driver in auto accident

$345,000
Death from unnecessary lung surgery

$1.15 Million
Wrongful death from nursing care

$1.4 Million
Failure to perform C-section in large infant causing maternal injury

$500,000
Failure to diagnose post-operative compartment syndrome (swelling) causing muscle loss and nerve damage

$875,000
Inappropriate medication causing micro-strokes

$600,000
Failure to recognize post-operative compartment syndrome (swelling) causing muscle loss and foot paralysis.

$450,000
Failure to perform caesarean delivery resulting in stillbirth

$275,000
Failure to treat hypertension resulting in stroke

$600,000
Failure to recognize and timely treat bowel problem in child

$2.15 Million
Defective drug causing stroke

$4.1 Million
Complications of weight reduction surgery

$375,000
Dental malpractice: Complications of TMJ surgery

$610,000
Failure to diagnose meningitis in a child

$2 Million
Complications of twin delivery

$450,000
Death from vehicle accident

$1,985,000
Death from toxic side effects of prescription medication

$1 Million
Brain damage to infant during and immediately following birth

$925,000
Multiple injuries from defective building

$1.5 Million
Breach of Contract

$550,000
Delayed diagnoses of cancer

$475,000
Improper Obstetrical Care

$300,000
Birth Injury to Mother

$500,000
Failure to diagnose surgical complication

$400,000
Improper Emergency Care

$325,000
Defective Medical Product

$400,000

Delayed diagnoses of cancer

$380,000

Bar owner liabiltiy for death of customer

$1 Million

 Auto accident and delayed diagnosis of nerve injury

 $500,000
 Nursing Home Malpractice

 $375,000

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Disclaimer: Our Web site provides general information to the public and is not intended as legal advice in any particular situation or to any specific individual. Before relying upon the contents in our Web site regarding a particular legal problem or situation, you should first obtain professional consultation with our office. There can be no attorney and client relationship between our firm and any individual, nor any duty to act on their behalf, until there is a written fee agreement signed by both client and attorney.