A big Verdict: But it will not pay the bills
Attorney
(866) 735-1102 Ext 645
What do you think about when you hear that a jury has a returned a verdict for $10.4 million dollars? A runaway jury? The lawsuit lottery? Rapacious lawyers? All of the above?
A stunning verdict recently returned in Forsyth County, North Carolina demonstrates that what some people might call a runaway verdict, is actually very modest when compared to the tremendous losses suffered by the victim of medical malpractice.
The case involved an 11 year old boy who was rushed to the hospital after being hit by a falling tree limb while on a camping trip. The boy's left arm was rendered useless for life as a result of this mishap. However, the damaged arm was not the basis for the lawsuit.
Two serious mistakes made by the hospital rendered this unfortunate child permanently brain damaged and physically impaired such that he will never be able to work. The child will need supervision for the rest of his life.
The first mistake made by the doctors at the hospital was that they negligently gave the boy Heparin, a blood thinner. The Heparin caused bleeding in the child's spinal column where nerves had been torn.
The second serious mistake occurred when the doctors improperly attached a halo device used to stabilize the spine. The screw which was placed at the left side of the boy's head was inserted nearly ¾ of an inch into his brain. This penetrating screw was left in the child's brain undiscovered for several hours. During this time, the pressure and bleeding into the skull caused permanent brain injury.
When the doctors learned that one of the four screws used to keep the halo tight against the bone had penetrated the skull and caused bleeding, doctors performed surgery and removed part of his skull.
From the combined mistakes, the child suffered a stroke and seizure, developed pneumonia and could not eat or breathe without assistance for a period of time after the surgery.
He was discharged from the hospital on July 16, 2003 where he had been a patient since his initial injury on June 1, 2003. After the hospitalization, he remained for 50 days in a rehabilitation institute where he underwent physical, occupational and speech therapy.
Thereafter, the child continued to receive therapy, follow up treatments and evaluations.
The child's doctors testified that more likely than not he would require supervision for the rest of his life and that, because of his brain injury, he would not be able to live independently.
An important part of the evidence was testimony concerning a life care plan which projected medical and related cost needed for the child for the rest of his life. This life care plan showed that the child will need $10.5 million dollars to adequately care for him throughout the remainder of his expected lifespan.
After deliberating for eight hours throughout a three-day time span, the jury returned a verdict of $10,000,000.00 for the child and $437,093.00 for medical expenses incurred by the child's mother.
What is significant about this verdict is that it falls hundreds of thousands of dollars short of paying just for the past medical bills and the projected medical bills that will be incurred over the remainder of the child's life. In other words, this verdict, which certainly is a large amount, still is not enough to pay for keeping this child alive the remainder of his life. When you consider the fact that the plaintiff's attorney, who did a fantastic job, will have to be paid probably at least 1/3 of the total recovery and the fact that it is likely that the cost of the litigation, for the doctors, depositions and other necessary cost of preparing the trial were at least several hundred thousand dollars, the verdict was several million dollars short of that necessary just to pay the child's medical expenses.
This verdict pays absolutely nothing for the emotional horror that child has been through and will continue to go through for the rest of his life. There is nothing for the child's parents who will agonize over their child's condition for the rest of their life.
The name of this case is Davis, g/a/l v. NC Baptist Hospital et al.
The next time someone talks to you about runaway verdicts or a lawsuit lottery, remind them of the case of young master Davis who will be an invalid for the rest of his life and who will live the rest of his life uncertain as to how his future bills will be completely paid.
For more information on this subject, please refer to the section on Drugs, Medical Devices, and Implants.