Maricopa County will be paying $4 million to the family of a former navy SEAL, who, after being injured by flying shrapnel entering his brain that caused blindness and disfigurement, died in a hospital following surgery, as reported by AZCentral.com
The family believed that R.J. died in the Maricopa Medical Center because staff overmedicated him with a deadly combination of narcotics and respiratory-depressive medicines.
While R.J. was in Iraq a sniper's bullet hit his machine gun, which shattered into shrapnel. His injury didn't prevent him, before dying at 28, to climb Mount Rainier and to train to compete in a triathlon. R.J. was also engaged and was about to become a father for the first time.
The medical malpractice suit was filed against the county's special health care district.
The surgery, considered a successful facial reconstruction before his death, was performed at Maricopa Medical Center - which is run by the Maricopa Integrated Health System.
The exact details surrounding R.J.'s death had been classified, by the hospital, under a category titled "preventable errors." The classifying his death this way allows the hospital, by law, to keep the information confidential.
Court documents show that R.J.'s "unexpected death" was due to "hospital-acquired injuries."
During an ongoing process of his rehabilitation, R.J. entered the Maricopa Medical Center in September of 2009 to continue with a series of reconstructive surgeries on his face. The first surgery was deemed a success, but the second, proved fatal.
Two days after the second surgery, R.J., after being given several painkillers, was discovered dead in his hospital bed. Toxicology reports found levels of oxycodone, morphine and fentanyl in his system.
The family successfully argued that it was the cocktail of pain medications that killed R.J.
Both county officials and the attorney for R.J.'s family declined to comment but one county official confirmed that the $4 million payout was one of the largest in history made on behalf of the county hospital.
Cari Gerchick, the Maricopa County spokeswoman wrote in a statement, "Outside counsel for MIHS recommended to the Board (of Supervisors) the approval of this proposed settlement. The Risk Management Department concurred with outside counsel's recommendation."
Laws in Arizona allow hospitals to keep information regarding cases being reviewed for quality assurance confidential - in the hopes that hospitals will take it upon themselves to correct potential dangers and make any needed changes.
Court records show one nurse's notation in regards to R.J.: "unexpected death, autopsy pending."
R.J.'s former leader in Iraq, Lt. Cmdr. L.B. of SEAL Team 3, troubled with questions, said, "Immediately, when we heard that news, the question was: 'What the hell happened at the hospital?' From Iraq, it was absolutely devastating to hear that he had not been getting the proper care that he needed."
Loosing a loved one due to medical malpractice by a hospital, medical staff or physician, is cause for a lawsuit. Oftentimes a suit forces change and can prevent like situations from occurring again. Contact a medical malpractice attorney for help!