Wednesday, 18 of July of 2018

$5M Malpractice Jury Verdict in Norfolk Spinal Cord Injury Case Reduced to $1.85M Due to VA Damages Cap

The man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

By Jim Lewis, Norfolk Medical Malpractice Lawyer

A Norfolk, Virginia (VA), jury awarded $5 million to a 20-year-old man and his parents in their suit against an anesthesiologist and the Norfolk Children’s Specialty Group, according to court records and published news reports. The amount was reduced to $1.85 million because of an unfair and arbitrary cap imposed by Virginia law on medical malpractice lawsuits.

Children’s Hospital of The King’s Daughters, known for pediatric care, is located in southeastern Virginia and northeastern North Carolina.  Patients actually travel there from the Outer Banks, Chesapeake, Suffolk, Virginia Beach and beyond for special pediatric care.  The young man went to this Norfolk hospital for the surgery because of its strong reputation, only to suffer a needless spinal cord and paralysis due to anesthesiology malpractice.

According to the lawsuit, the man needed surgery to correct a sunken breastbone condition. The doctor gave him a thoracic epidural catheter, and the procedure allegedly caused permanent damage to the man’s spinal cord.

After the operation, the man could not move or feel his legs and feet due to paralysis. He regained his ability to walk but continued to have pain and difficulty controlling bodily functions.  The defense for the doctor and hospital claimed the doctor and Children’s Specialty Group did not deviate from the proper standards of medical care.  As Virginia Beach-Norfolk medical malpractice attorneys, we are saddened to see a reputable hospital make a negligent surgical mistake like this.  It’s also tragic that the doctor and hospital forced the victim to go through a public trial to get justice and we note it’s far in excess of the unfair VA medical malpractice “cap” which forced the judge to reduce the 5 Million dollar verdict the jury returned to only 1.85 Million.  Attorney for the victim Lisa O’Donnell did a tremendous job helping the victim and his family.

To learn more about Virginia medical malpractice and doctor mistakes, check out our Frequently Asked Questions devoted to the subject. Our VA medical malpractice lawyers wrote a free consumer report providing a list of tips for victims who were hurt by a doctor’s carelessness. Feel free to download it here.