August 2010 Legal Case Study

Overdose of Pain Medication Administered Through Implanted Pump Death - $1 Million Verdict.
The plaintiffs decedent, age sixty-six, had a medication pump implanted due to pain from several back surgeries. The defendant provided nursing care for the decedent for the purpose of injecting medication into the pump on a regular basis. In May 2004, one of the defendants nurses injected pain medication to refill the pump. The decedent complained of tingling fingers during the procedure, but the nurse continued injecting the medication. The decedent continued to complain and then became unconscious. The nurse called 911 and performed CPR. The decedent was taken to a hospital and was comatose until her death twenty-five days later. The plaintiff alleged negligence in continuing to refill the pump despite the decedents complaints. The plaintiff claimed that the tingling was a sign of overdose and the procedure should have been stopped. The defendant claimed that the procedure was properly performed. According to Reports, a $1 Million verdict was returned.
With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

July 2010 Legal Case Study

Failure to Properly Treat and Monitor Infant With Respiratory Problems Death - $1.2 Million Verdict
The plaintiffs brought their five-month-old infant to the renal clinic of Hospital A in November 2006. The infant had Tetralogy of Fallot and had been receiving treatment at Hospital A. This visit was prompted by vomiting. The infant was admitted with low blood oxygen level and high respiratory level. While the infant was in a continuously monitored bed, her mother discovered that she was not breathing and notified the nursing staff. The nurse carrying the alarm pager that was linked to the monitor never responded and the infant died. The plaintiffs claimed that the initial finding of respiratory distress was inappropriately evaluated by the resident physicians, two of whom were interns. The plaintiffs also contended that the nurses failed to properly monitor the infant. The plaintiff additionally claimed that the hospital should not have allowed the infant, who had known heart and kidney problems, to be under the primary care of inexperienced interns when she arrived noticeably ill. The plaintiff also claimed that the nurse was a recent nursing school graduate still in her orientation phase at the hospital, and should not have been carrying the alarm pager. The plaintiff also alleged negligence in the failure to respond when the infant stopped breathing. The defendants claimed that the team handling the infants care was properly experienced and that the hospital, as a teaching hospital, had a proper plan in place for treatment. The defendant also claimed that there was no negligence and pointed to the fact that the infant had extreme cardiac and kidney congenital problems. According to a published account a $1,223,750 verdict was returned with the nurse fifteen percent at fault.
With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.