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recoveries in these cases are not necessarily indicative of
recoveries in similar cases in the future, as each case must
be decided on its own facts and circumstances. |
Jury
Verdict of $1.5 million dollars awarded
in medical malpractice case |
On
August 2, 2002, Walter H. Emroch and Michael Lantz received
a $1.5 million dollar jury verdict in a medical malpractice
case. The plaintiff, 67, was seen by the defendant, a plastic
surgeon, for a breast reduction in July of 1998.
The breast reduction in question was performed later that month.
Following the breast reduction, the plaintiff was discharged
and was followed by home health care nurses. Approximately two
weeks after the operation the plaintiff developed an infection
at the wound site. She was started on Vancomycin, an antibiotic,
and another drug. A culture was ordered which showed that the
bacteria would not be responsive to Vancomycin, so the defendant
discontinued the Vancomycin and initiated Gentamicin, another
antibiotic. Within a couple of days drainage started coming
from the site of the infection and the defendant put the plaintiff
on Vancomycin again while keeping her on Gentamicin. He never
cultured or got a stain to see what bacteria was present in
the drainage.
Vancomycin and Gentamicin administered together ar ototoxic
and according to the plaintiff's experts have to be monitored
every three to four days via blood work to ensure that the drugs
are not becoming toxic. The defendant initially ordered blood
work but then kept the plaintiff on Vancomycin and Gentamicin
for a prolonged period of time without ordering blood work.
The defendant also initially ordered weekly BUN and Creatine
levels to monitor kidney function but failed to ensure that
these readings were taken again after the first week. After
being on these drugs for approximately three weeks the plaintiff
began to experience vertigo which is a symptom of a vestibular
problem. Shortly thereafter, the drugs were discontinued but
ototoxicity had occurred resulting in permanent bilateral vestibular
dysfunction.
The plaintiff's experts stressed the importance of culturing
the drainage in order to know what bacteria was present before
placing the plaintiff on two ototoxic antibiotics which should
not have continued to be given. They also criticized the defendant
for not monitoring for toxicity during the time period in question
and for not ensuring that the weekly order for BUN and Creatine
was followed.
The jury deliberated for approximately three and a half hours
and returned a verdict in favor of the plaintiff for $1.5 million
dollars.
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