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Our mission is to protect the health and safety of our clients and our community, and we are proud that our work has helped individuals and families obtain the medical care and financial compensation they needed after the most tragic of situations.
In the list of case results below, “verdict” denotes the fact that we took a case to trial and won for our clients, and “settlement” denotes when we were able to obtain a settlement prior to trial.
In this very tragic case, our client presented multiple times to various emergency rooms with excruciating pain. Though he had no history of drug abuse or drug-seeking behavior, he was repeatedly turned away without appropriate medical screening examinations to determine whether or not he was actually suffering from an emergency medical condition. Tragically, our client had been suffering from an infection, which would have been detectable and treatable with the appropriate exam. Because he was instead sent home several times, the infection progressed to the point that he became a quadriplegic — paralyzed from the neck down — requiring round-the-clock care and permanently impairing his quality of life. This settlement enabled our client to purchase quality health insurance to provide for his healthcare needs for the rest of his life, and to ensure that his basic needs were met (i.e., rent, food and monthly bills paid).
Notably, in this case, our client’s health insurance entity tried to claim a larger portion of the settlement than they were entitled to claim. (Remember, in medical malpractice cases, when your insurance company pays for healthcare required as a result of the negligence, the insurance company can claim a right to be reimbursed out of any verdict or settlement. Therefore, it is critical to retain lawyers who know how to properly put subrogation entities on notice of these potential claims, and how to negotiate the liens down to appropriate and fair levels at the conclusion of the case.) Here, at no additional cost to our client (and for no benefit directly to us except helping our client), we successfully sued our client’s insurance company to make sure it only recovered what it was legally entitled to — and no more.
After a nine-week trial in Dallas, Texas, Marynell Maloney Law Firm, PLLC, obtained a $7.37 million verdict on behalf of our clients in a medical malpractice case. The claims centered around the systemic failure at Methodist Charlton Medical Center to have systems in place to ensure recognition and treatment of blood clots in hospitalized patients. As a result of the systemic hospital failure, Lynda Hernandez, a beautiful, talented, smart 29-year-old doctor, died from a horrifically painful and completely preventable massive pulmonary embolus. Dr. Hernandez was survived by her two young sons, her husband and her mother and father. Even though the hospital’s own educational materials recognized venous thromboembolism (VTE) and its deadly potential outcome — pulmonary embolus is the most common preventable cause of hospital death — Methodist Charlton Medical Center failed to implement an adequate VTE prevention program, and, as a result, the physicians involved failed to recognize and diagnose Dr. Hernandez’ pulmonary embolism. We took this case to trial to get accountability for Dr. Hernandez, help provide for her young children, and bring attention to this very preventable, very dangerous health risk.
This verdict was included in the top 100 Medical Malpractice Verdicts in the United States. In 2019, we took a pain medicine doctor to trial after he administered unnecessary pain injections to Tommy, our young police officer client. The pain injections administered by Dr. Tisdall caused our client to develop a serious infection that permanently disabled him from doing the police work that he loved. Although our client (who had two young daughters to support) was able to turn to teaching as a career, he took a drastic pay cut because he was required to change careers. He also suffers from daily permanent pain and can no longer engage in all of the physical activities that he loved.
In this case, a hospital failed to timely administer tPA (a “clot buster” medication) to a young patient presenting to the hospital with clear signs and symptoms of stroke. Had tPA been administered, he likely would have recovered with no permanent injuries. Instead, our client is permanently disabled with brain damage and is unable to return to his job and support his family. The settlement allowed our client to keep his home and provide for his family, while getting the rehabilitative services he needs to get back on track to being as “whole” as possible.
This case involved the failure of a hospital and physician to diagnose an infant with bacterial meningitis. As a result of this failure to diagnose, the baby was sent home from the hospital and developed permanent and devastating brain injuries. The settlement allowed the child’s family to purchase a home with special equipment for the baby, where the family could live and where he could receive 24/7 care for the rest of his life.
After protracted litigation and a lengthy trial, we obtained a verdict for our young client after a faulty hospital bed caused him to develop sacral ulcers (bedsores) so severe that his tailbone became infected and had to be removed. These injuries caused him severe, unrelenting pain and disrupted his career plans. Tragically, the company, Kinetic Concepts Inc. (KCI) had received many complaints about this hospital bed, which allowed patients to slip through the cushions and rest directly on metal, causing severe injuries.
This case was covered by several news outlets:
This case involved the failure to diagnose and treat myocarditis — an infection of the heart — resulting in a loving husband and father’s untimely death. The settlement enabled the family to keep their home after the death of the primary breadwinner, pay college-related expenses for the kids, and maintain the family business following the death.
Marynell Maloney Law Firm, PLLC, has frequently been recognized in local media for promoting health and safety in hospitals and nursing homes, as well as pursuing justice for those whose voices are not always heard.
Marynell and Michelle Maloney discuss:
The order to euthanize “Buddy the Dog” has temporarily been put on hold while his owners, Homer Mojica and wife Kathryn, fight the ruling via appeal.
“Buddy the Dog” is back home with his owners, Mr. and Mrs. Mojicas, after being cared for by a local veterinarian when a judge ordered the dog released from Animal Care Services.
San Antonio Animal Care Services released Lola, a previously quarantined pit bull terrier. She was found wandering the Northwest side streets by Rev. William Rice. Rice had no knowledge of the previous quarantine and ACS gave him one day — instead of the requisite 30 days — to meet their compliance requirements.
Our firm filed a lawsuit against San Antonio’s Parklane nursing home, alleging that the facility failed to provide adequate care for residents Herbert Brewer, Dora Sylvia Lehrman and Delbert Betts.
Two employees of Princeton Place Nursing Home, Sandra Lujan and Sonia Roman, brought allegations of abuse and ill-treatment of home residents to the home’s administration, who almost immediately suspended, and eventually fired, both of the whistleblower employees. Our firm brought a wrongful termination lawsuit on behalf of the whistleblowers.
The Zip-In Car Wash on North New Braunfels Avenue and Gibbs Street in east San Antonio, are being sued for failing to provide adequate security, despite knowing they were operating their business in an area notorious for its high-crime rates.
A. David Lynd, San Antonio Talons owner and real estate investor, is facing allegations of civil fraud. The lawsuit seeks a minimum of $2 million in damages and $4.75 million in punitive damages. “We are alleging it was a significant scam,” said Attorney Marynell Maloney, legal counsel for the group. “This is a situation where somebody with a great deal of money very consciously goes in and exploits people for months.”
Our firm handled this case on behalf of the victim.
We have a long legacy of righting wrongs in San Antonio and throughout Texas:
For a free initial consultation, please call us in San Antonio at 210-446-0035 or 800-717-6011, or complete our contact form. We are a team of attorneys representing clients throughout the San Antonio area.