Illinois medical malpractice lawyers at Pintas & Mullins help innocent victims of medical errors get the compensation they deserve, and applaud jury decisions that recognize the devastating and life-changing consequences of a medical mistake. Recently, a Florida jury granted a a $24.2 million damage award to a woman whose toddler suffered irreversible brain damage because of a defective medical device.
In this tragic case of a preventable medical mistake, an infusion pump malfunctioned during a surgery to fix the toddler's congenital heart defect. The dangerous pump, developed by Abbott Laboratories and Hospira, Inc., stopped working during the surgery. It sent an adrenaline drug called epinephrine into the child's system and the child suffered cardiac arrest.
After over an hour of deliberations,t he jury decided that the child deserved to be reimbursed for about $20 million in future medical expenses. The child is now 9-years-old.
The jury did not hear that Hospira and Abbott had settled for an unknown amount and were released from the case earlier this year. Because of that, their attorneys did not participate in the trial. Members of the jury found that the manufacturers were accountable for 65 percent of the damages, about $ 15.7 million.
Jurors established that Hospira and Abbott fell short of satisfying the warranty stipulations of their contract with Ochsner Clinic Foundation, where the surgery was performed. Oschner admitted legal responsibility in 2007 and paid the hundred thousand dollars required by state law. The jury decided that the Louisiana Patients Compensation Fund, a state administered malpractice fund, should bear 35% of the award. The board plans to appeal.
Pennlive.com also reported another recent malpractice case settlement. A Pennsylvania County jury granted $1.1 million to a boy who suffered brain injury after sleep apnea surgery. The lawyer of the boy's family said that the child had developmental delays which would possibly affect him into adulthood.
The surgery was performed five years ago when the boy was 11 months old. The boy was tested for sleep apnea and it was established that sleep apnea was responsible for at least 50 episodes / hour in which there was a fall in the level of oxygen in the boy's blood.
The boy, who was already at a high risk of surgery-associated complications such as low blood oxygen levels and respiratory issues, developed breathing problems after the surgery. He had to stay in the recovery room for five hours because the level of oxygen in his blood was low.
The physician overlooked the need for adequate physical exams after the surgery, permitted the boy to be put in a regular-floor room instead of intensive care and did not order hospital employees to continue utilizing a device to keep watch on the amount of oxygen in his blood.
The boy had to be revived when it was found he was not breathing and had no pulse. The family lawyer said the apparent neglect on the part of the physician resulted in a brain injury that was evident from an MRI test.