Doctors are used from the moment children are growing in a woman's belly, until they grow old and pass away. And while we can share many thanks for the work that medical professionals have done in our own lives and in the lives of those we love, it is frightening to think that we are putting our very life in their hands. When dealing with doctors, nurses, pharmacists, we are trusting that they have not only received the necessary education for the job, but that they are paying delicate attention to whatever task is on hand. One wrong dosage, prescription or surgical error can have devastating results. Despite how much trust we place in these professionals, more and more we are hearing stories of medical malpractice all over the country.
While millions of people are helped on a daily basis, there are some who are not as fortunate; and this is the story for Tyronglia Willis. As a mother, she cares for her son and years ago sought to receive treatment for him at the Ochsner Clinic Foundation in order to fix a congenital heart condition. Unfortunately during little Ty'Kevion Kidd's surgery, the infusion pump used in the procedure malfunctioned, causing irreversible brain damage as a result. At the time Ty was only 3 years old, and now seven years later the mother decided it was time to take legal action for those who are responsible for her son's permanent injuries.
After time before the 24th Judicial District Court, she was awarded a settlement of at least $24 million in damages for her son's brain injury. Is holding not only the hospital, Jefferson Highway, responsible for the malfunction during surgery but they also included Abbott Laboratories and Hospire Inc. responsible for the malfunction of the medical product. According to the reports, not only did the pump not perform its duties during the procedure, it also malfunctioned and pumped adrenaline into the 3 year olds body, leading to a cardiac arrest on the surgery table.
Now 9 years down the road, the mother spent a week before the court with her personal injury attorney trying to prove their case. Ty himself was brought to the stand to be evaluated before the judge and the jury. After careful consideration, they determined that he will be awarded $20 million to cover his coming medical expenses in the future. After a week of testimonies and evaluations, the court ruled graciously in favor of the victim.
This, however, was not the end of it. What the jurors did not know was that Abbott and Hospital settled before the trial for an undisclosed sum, and were therefore dismissed form the case entirely. Knowing that these two companies were responsible for the majority of the injury, they are assuming the settlement was over $15 million, though it remains uncertain. Jurors also discovered after the ruling that the companies were responsible for not meeting the warranty standards on their product with the Ochsner Clinic Foundation.
What adds to the confusion is the fact that back in 2007, the foundation accepted responsibility and paid $100,000 in damages for the injury. However, through the changing of tides, the jury has now decided that Ochsner holds 35% of the responsibility for the injuries while the majority still rests with Abbott and Hospital at 65%. Whatever the situation may be, whoever is responsible for medical malpractice ought to pay the consequences for their errors and negligence. If you or someone you know has recently been a victim of a wrongful injury or death caused by medical malpractice contact a personal injury attorney near you to fight for compensation!