Representative Cases

The following represents just a small sampling of the variety of cases tried or settled by Cross & Bennett LLC These cases are provided for informational purposes only. No two cases are identical and no conclusions about your case can be drawn from these. Confidentiality agreements required by the defendants and/or their insurance companies prevent us from publishing the amounts of almost all settlements:

  • Confidential settlements with three physicians for failure to diagnose graft-versus-host disease (GVHD) resulting in severe disability and damages to teenage girl following bone marrow transplant (trial against one doctor resulted in verdict of $7,100,000).
  • $5.3M verdict against pain management specialist and confidential settlements with neurosurgeon and radiologist for failure to diagnose and treat spinal catheter tip granuloma resulting in paralysis
  • Confidential settlement with hospitalist and hospital for failure to timely diagnose aortic dissection resulting in brain injury
  • Settlement with radiologist for misinterpretation of CT angiogram that showed lack of perfusion to lung caused by blood clot, resulting in severe heart damage.
  • Settlement with general surgeon for perforation of the bowel during re-do colostomy surgery and failure to diagnose the injury. Patient died six days post-op due to peritonitis and sepsis.
  • Settlement with radiologist for failure to diagnose intrathecal cathete-tip granuloma related to pain pump, resulting in paralysis at the T-8 level.
  • Settlement with pediatrician and hospital for newborn circumcision injury caused by mismatch of circumcision clamp parts.
  • Claim against surgeon for transected bile duct in laparoscopic gallbladder removal surgery and for negligent repair, resulting in severe liver and bowel disease.
  • Settlement with surgeon for improper placement of central venous catheter in an artery, resulting in stroke and death.
  • Settlement with nursing home for death of an 87 year old resident who developed a blood clot in her leg and did not get the required testing.
  • Settlement with local hospital for wrongful death of an 82 year old man who fell and broke his hip, leading to his death.
  • Settlement with opthamologist and Lasik surgery corporation for injuries to patient due to performing surgeries on patient with keratoconus. Case resulted in severe injury and ultimate corneal transplant.
  • Claim against emergency room doctor for failure to diagnose appendicitis. Patient was incorrectly diagnosed with a urinary tract infection. Two days later she was found to have a ruptured appendix. As a result of her injury, the patient had to have two additional surgeries to free up adhesions resulting from peritonitis.
  • Settlement with surgeon for transection of common bile duct during laparoscopic surgery to remove gallbladder. Surgeon mistakenly identified the common bile duct as the cystic duct. Patient had to undergo biliary tract reconstruction surgery.
  • Settlement with nursing home for failure to diagnose foot ulcer and gangrene, resulting in death of patient.
  • Settlement with obstetrician for brachial plexus injury to newborn due to physician's failure to anticipate or identify shoulder dystocia. Physician did not realize infant's shoulder was lodged against mother's pubic bone and pulled on the baby's head, causing lateral traction injury to neck and brachial plexus.
  • Settlement with nursing home for death of patient with severe pulmonary disease. Patient was on oxygen by mask, and the mask was either removed by the patient or fell off.
  • Settlement with hospital for severe birth injuries, including cerebral palsy and mental retardation, as a result of failure to diagnose and treat placental abruption in a preeclamptic patient.
  • Settlement with United States and with local hospital for neurological injuries to the brachial plexus of a newborn baby from improper handling of shoulder dystocia. The physician was an employee of a government-funded health care center, subject to the Federal Tort Claims Act.
  • Settlement with the United States Army for surgical errors committed by an Army surgeon and the military hospital staff. This 59 year old retired military member died after routine hernia repair surgery due to post-operative bowel obstruction, caused by the surgeon's carelessness. This injury was not diagnosed during the patient's six-day post-operative hospitalization despite ongoing signs of obstruction.
  • Settlement with Colorado Springs nursing home for death of 90 year old resident who fell down a flight of stairs, suffering severe head and facial injuries. Our investigation revealed that the door to the stairwell was supposed to be kept locked, but that employees propped it open so that they could have quick access to the stairs.
  • Settlement with local hospital for death of a 59 year old patient with sleep apnea, who died of cardiopulmonary arrest due to medications that should not have been given due to the patient's sleep apnea. The patient's cardiac telemetry unit was discovered on the floor.
  • Settlement on behalf of a woman who suffered serious injuries during gallbladder removal surgery. The surgeon failed to properly identify the cystic duct and carelessly cut through the common hepatic duct instead, resulting in the patient's need for surgical reconstruction of her biliary system.
  • Settlement with opthamologist and corporation for negligently performed LASIK surgery.
  • $750,000 Medicaid fraud settlement with children's psychiatric facility arising from whistleblower case.
  • Jury verdict in excess of $600,000 for Colorado Springs Fire Fighters in contract dispute with City of Colorado Springs.
  • Settlement of a worker's compensation claim against a Pueblo steel mill for a worker whose back was injured in an industrial accident and who later suffered medical complications post-surgery.
  • Major settlement for death and injuries to 17-year old girl arising from auto accident.
  • Settlement with surgeon and hospital for surgeon's carelessness in removing a portion of the patient's colon for suspected cancer when, in fact, the patient did not have cancer and a biopsy was pending, and for nursing employees' failure to appropriately monitor the patient's post-operative condition, resulting in the patient going into diabetic ketoacidosis and having a mild heart attack.
  • Confidential settlement with gastroenterologist for wrongful death due to perforation of colon during routine colonoscopy.
  • Confidential settlement with cardiovascular surgeon for brain damage to child during open-heart surgery.
  • Settlement in excess of six figures against large auto insurance company for bad faith breach of insurance contract.
  • Confidential settlement with long term care facility for abuse of a resident.
  • Confidential settlement with family practitioner for negligent diagnosis and treatment of foot injury in diabetic patient leading to development of Charcot foot and midfoot collapse requiring surgery.
  • Confidential settlement with general surgeon for nerve injuries sustained during hand surgery.
  • Confidential settlement with traffic engineer and general contractor for wrongful death of motorcyclist due to negligently designed intersection.
  • Confidential settlement with surgeon and hospital arising out of mixup of two patients' abdominal CT scans, leading to unnecessary surgery on 75 year old patient for non-existent abdominal aortic aneurysm.
  • $95,000 settlement with United States and confidential settlement with private surgeon for failure of military physician and civilian surgeon to diagnose and treat bleeding and infection following gallbladder removal surgery resulting in death of retired serviceman.
  • Confidential settlement with family physician for failure to diagnose croup leading to respiratory arrest and death of 3-year old boy.
  • $200,000 settlement with United States for military physicians' failure to diagnose non-Hodkins lymphoma.
  • Confidential settlement with dentist for failure to diagnose decay under crown resulting in root canals, replacement of crowns and implants.
  • Confidential settlement with pediatrician for circumcision of wrong infant.
  • $100,000 settlement with United States for military hospital's failure to timely diagnose appendicitis.
  • Confidential settlement with surgeon for excessive scarring caused by surgery to remove varicose veins.
  • Confidential settlement for woman truck driver in hostile environment sex discrimination case.
  • Confidential settlement with surgeon for injury to bile duct during laparoscopic cholecystectomy (gallbladder removal) surgery, resulting in biliary tract reconstruction.
  • $100,000 settlement with County for wrongful death to 10 year old child due to dangerous condition of skateboard park located on County property.

"No expectation of the result in your case should be drawn from these cases. Every legal matter is unique factually and legally and you can never assume a result will be the same or similar to a previous case."