Category: Medical Malpractice

Wrongful Death and Medical Malpractice Case - R.I.P Timothy Frymire

Get a Free Consultation Or call (314) 648-8348

We represent the family of Timothy Frymire in a wrongful death and medical malpractice action against a general medical practice in Wayne County, Missouri. Tim was a wonderful young man who died on August 1, 2013 at the age of 20. He had been to his doctor’s office 7 hours before his death. He had also been there 6 days before. In both of these visits, he complained of headaches. He died from complications of a brain tumor.

We alleged the nurse practitioners did not assess his headache, do a neurologic exam, do a fundoscopic exam, or assess the reason for Tim’s headaches. They inaccurately diagnosed him with allergies and gave him allergy medication. In truth, Tim’s headaches were caused by a brain tumor. The coroner (whom we deposed) found the tumor in the front left lobe of Tim’s brain which caused his brain to shift and caused swelling or encephalopathy. The tumor also closed a ventricle (which drains spinal fluid from the head).

The type of tumor Tim had is sometimes called a ‘silent killer’ as it does not manifest significant symptoms until it’s too late. However, Tim did have headaches, communicated that to his family members and went to his family doctor twice for his headaches, including the day he died.

I filed medical malpractice, lost change of survival, and wrongful death claims. We obtained the opinion of both a nurse practitioner and a doctor that Tim’s medical providers were negligent, caused Tim’s death and decreased his chance of survival from the tumor. We hired a neurosurgeon who testified that Tim was salvageable even towards the end.

We think the medical providers should have given Tim a neuro exam and sent him for a CT or MRI of his head. There was a CT machine about 40 minutes away. Such a study would have shown edema and swelling in his brain as well as the tumor. This would have warranted rapid use of drugs or a stent to decrease the pressure in head and most likely surgical intervention to remove the brain tumor. Unfortunately this never occurred.

We produced family members for depositions, produced our medical experts for depositions and I deposed the Defendants in this case. We did a lot of work to prove our case, show necessary tests were not done and prove Tim's misdiagnosis.

In any wrongful death case the settlement has to be approved by the court and we did so. medical malpractice settlement approved.

Request a Free Consultation


“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 648-8348

We Get Excellent Results

Over $170 Million won for our clients


$5,000,000 Settlement - Father Killed by Reckless Truck Driver

$5 Million


Personal Injury Lawyer, Gary Burger and Burger Law represented a family of a man killed ...

View Wrongful Death Result

$3 Million Judgment - Son Murdered by Pam Hupp

$3 Million


$3 Million Judgment. Gary Burger represented Margaret Burch, the mother of murder victim Louis Gumpenberger. ...

View Wrongful Death Result

$2.5 Million Settlement for Father's Fatal Car Accident

$2.5 Million


$2.5 Million Wrongful Death Settlement For Daughters of Fatal Car Accident Victim Gary Burger of ...

View Wrongful Death Result

Truck Accident - $1,000,000 Settlement

$1 Million


In this case, a reckless driver struck and killed a tow truck driver who was ...

View Result

Medical Malpractice Case Settles for Over $1 Million

$1 Million


Gary Burger settled a medical malpractice case for over $1 million. Our client, Kelly Sinn, ...

View Result

Medical Malpractice Permanent Brain Injury - $1,000,000 Settlement

$1 Million


Our client here was seriously injured when an emergency room did not properly treat her ...

View Result

View More Results

Common Questions & Answers

Frequently Asked Questions

The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

View all FAQs

What do I have to prove in my wrongful death case?

You have lost a loved one in a heart-breaking, unjust accident due to another person's negligence or disregard for life. You want to take action and hold that person accountable for ending your loved one's life. The law allows you a chance to do so by filing a wrongful death suit. Filing a wron …

View Full Answer

Who can file a wrongful death claim?

Losing anyone you love is unspeakably painful. If you have lost a loved one due to the negligence of another person or institution, you may be able to recover damages and hold them accountable by filing a wrongful death claim. Find out if you are eligible to file a wrongful death claim in Missouri …

View Full Answer

When Can You Sue a Nursing Home?

Sending an elderly family member to a nursing home is challenging. It is a vulnerable time for the nursing home resident. The worst possibility is that the resident is mistreated in the facility. Many forms of mistreatment take place against elderly nursing home residents. When this happens, legal …

View Full Answer

View all FAQs

Schema