Verdicts and Settlements

VERDICT/SETTLEMENT

Facts/Liability:

This is a medical negligence claim arising out of the defendants’ medical mismanagement of a 51-year old wife, mother, and grandmother; resulting in her premature death. In 2006, the decedent plaintiff underwent a screening colonoscopy by a doctor at the defendant clinic, during which time, a sessile polyp was found in the cecum.

 The doctor was unable to remove the polyp entirely but felt that re-examination of the colon could be postponed for two years. In 2008, the plaintiff presented to her primary care physician and a local emergency department with complaints of right upper quadrant abdominal pain. A liver function test was ordered and abnormal.  Follow-up liver function testing was abnormal as well. The plaintiff presented again to the defendant clinic for a routine follow-up colonoscopy. The results of that colonoscopy were reported as normal and the plaintiff was instructed to undergo repeat examination in five years. After another abnormal liver function test that same month, the plaintiff was referred back to the defendant clinic for further evaluation and work up. An abdominal CT scan revealed a Aspeculated, 2.0 cm pericecal mass@ and Anumerous hepatic metastases.@ The plaintiff’s care was transferred to another hospital, where she underwent a repeat colonoscopy and biopsies revealed invasive moderately differentiated adenocarcinoma. The plaintiff began chemotherapy, but it was not effective and it was discontinued at the plaintiff’s request. The plaintiff died soon thereafter.

The estate sued the defendant clinic for their vicarious liability of their agents/employees associated with the plaintiff’s care and treatment.

Injuries:

The decedent plaintiff’s adenocarcinomawent undiagnosed for two years, causing her to suffer severe physical pain, discomfort, and emotional distress, loss of enjoyment of life and a premature death at age 54.  Her estate incurred medical and funeral expenses.

The decedent plaintiff’s spouse witnessed the suffering, deterioration and death of his wife as well as experienced the loss of his wife=s care, companionship, services, affection and good nature, both before and after her death.

Specials (if any):

Medical Expenses:                              $          341,660.79

Estimated Lost Future Earning Capacity       $      275,360.00

Estimated Loss of Household Services          $          970,198.00

Total Economic Losses:                                 $    1,587,218.79

Verdict/Settlement: