Sunday, 16 of December of 2018

Family of Boy Permanently Disabled by Drug Pump Malfunction Receives $24.2M Malpractice Award

The family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement and because of a complicated system of damage caps.

By Mark Favaloro, Surgical Error Victims’ Attorney

When an electronic I.V. drug infusion pump malfunctioned at a Louisiana (LA) outpatient surgery clinic and flooded the body of a 3-year boy with the adrenalin-like medication epinephrine, the child went into cardiac arrest. The resulting lack of blood flow and oxygen to his brain (i.e., hypoxia) left him permanently disabled.

Six years later, the injured boy’s mother won a $24.2 million jury award against the companies that made the infusion pump and the health care facility where the surgical error occurred. has explained, however, that the family will receive only $8.5 million of that judgment because the medical device manufacturers reached a separate settlement for a confidential sum before the medical malpractice trial began. The award will also be reduced because of a complicated system of damage caps put in place by the state government and administered by a group called the Louisiana Patients Compensation Fund.



The Virginia Medical Malpractice Lawyer’s Perspective

Even though I practice medical malpractice and surgical error law primarily in Virginia (VA), I’m writing about this Louisiana case because it illustrate how complicated holding defective medical equipment manufacturers and negligent hospitals and clinics can be.

This family filed claims against two corporations, a health care facility, the company that sold the malfunctioning machine and the representative who serviced the device and other defendants. Even after confronting and succeeding against each of those parties’ defense lawyers, the family, whose son will require an estimated $20 milling in lifetime medical and personal care, then had to navigate a state system stacked against medical malpractice plaintiffs.

I congratulate the attorneys who battled on behalf of the injured boy and his family.

Potentially Helpful Info

If you or a family member has been harmed by a surgical error, you can begin to learn about your legal rights and options for holding the responsible parties accountable by downloading this free report written by medical malpractice lawyers.

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You can learn more by reading through this online library of attorneys’ answers to frequently asked questions regarding medical malpractice and surgical error lawsuits.


About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.