Tuesday, 20 of November of 2018

Jury Awards Victim $126 Million in Delayed Diagnosis Case

By Mark Favaloro, Medical Malpractice Attorney

What Happened:

A jury awarded a woman $126 million after she was forced to sit unattended in a hospital for hours while personnel failed to diagnose her heart attack. As a result of the medical personnel’s negligence, the victim sustained permanent injuries that will require medical treatment for the rest of her life, including the need for a heart transplant in the future, according to lawyersusaonline.com.

The Virginia Injury Lawyer’s Perspective:

People may be shocked at the size of the jury award, but it’s important to keep in mind that the victim’s medical malpractice attorney made a settlement demand of $1.9 million but the defendant only offered $475,000. I point this out to show that it was the defendant’s decision to proceed to trial since they weren’t willing to come closer to the victim’s settlement range. The defendant took the gamble of going to court and the plaintiff’s case was victorious.

It’s also important to keep in mind that the jury verdict is largely devoted to future medical expenses. The total award is comprised of $16 million for future pain and suffering and the remainder allocated for 32 years of future medical care including the use of defibrillators, ventricular devices and a future heart transplant.

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 attorneys 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 practicing attorneys receive.