$12 Million Malpractice Award for “Locked-in Syndrome”

The News Gazette in East Central Illinois has reported that a settlement of $12 million - that just might be the largest in history for Champaign County - was made out of court for the family of a woman suffering from "locked-in syndrome."

Tim Ravanh, 33, received the settlement on behalf of his wife that was left severely brain-damaged eight years ago while giving birth at Provena Covenant Medical Center.  The family has asked that their lawyer, Todd Smith, handle all inquiries.

Smith said, "She is significantly brain-damaged and has no speech.  She has 'locked-in syndrome.' That means she has cognitive function. She appreciates her surroundings and the people who are in her life. She's very much aware of the desperate nature of her situation, being completely dependent on others for all activities of her daily living. It's about as difficult and as devastating an injury as I've seen."

Provena, Christie Clinic and Dr. Tadeusz "Ted" Dziadek paid the $12 million settlement.  $2.8 million of it being paid to Smith's law firm.

Another Champaign attorney, Jim Martinkus, will receive $200,000 in attorney fees as he filed the claim initially in 2004. Smith's firm later took the case over.

In mid-September a settlement order showed that almost $600,000 was used to pay for Ravanh's care, and expenses directly related to the lawsuit.

Khamsing Ravanh, her father and guardian, receives $4.4 million now and an additional $4.4 million in a structured settlement allowing the family monthly payments until Ravanh's 63^rd birthday.

Ravanh delivered a healthy baby boy at Provena via cesarean section on December 27, 2002. The anesthesiologist, Dr. Dziadek, administered an epidural that caused Ravanh to go into a cardiopulmonary arrest while both Dziadek and his registered nurse were present. 

The order said that not only was there a lack of emergency equipment in the room but that CPR was not started for at least 20 minutes, "She suffered irreversible brain injury as a result of oxygen deprivation following an intrathecal injection of medication by Ted Dziadek and the subsequent failure by the nursing staff to timely and appropriately resuscitate her."

Reporters have left several messages for the Chicago attorney Lawrence Helms representing Provena, none have been returned.  A spokeswoman for Provena, Crystal Senesac, gave this statement via e-mail, "Our prayers remain with the family in this sad, but isolated incident from 2002."

In an affidavit from Smith he contends that it was the diligence of his firm that showed Provena Covenant Medical Center's liability as it was a "complicated medical-malpractice claim which was likely on its way to settlement for something less than $2 million. In other words, the original theories in this case and approach (without criticism toward anyone) did not include the liability of the hospital identified subsequently that resulted ultimately in the outcome of this matter."

In explaining the requirements for care Smith said, "She lives with a large family of modest means and modest circumstances. She is in a tiny room with boxes piled up ... and other equipment used to help her. It's not wheelchair-accessible. There's enormous kinds of aid necessary to take care of her. The family is extremely close and have all been with her from day one. They're a very loving family. They're concerned for her and her alone in all of this and have worked very hard to pursue this result."

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