As reported by Stars and Stripes, Pacific Daily News and KUAM.com, a 2008 decision that awarded a disabled air force spouse $7.5 million, was upheld by the U.S. Appeals Court on March 2.
Deborah Rutledge was disabled due to medical malpractice that occurred in Guam’s Andersen Air Force Base clinic.
Deborah’s husband, Thomas Rutledge, is a retired Air Force master Sergeant. The Rutledge’s now reside in Oklahoma.
In 2004, while under the care of Air Force medical staff, the 9th Circuit Court of Appeals confirmed that Rutledge suffered from severe nerve damage, lost most of the feeling below her waist and became permanently incontinent.
The court, in its ruling, confirmed the 2008 award to Rutledge made by Guam’s district court judge. The appeals court further affirmed that the award was not excessive due to the permanent injuries Rutledge sustained because of a failure by clinic staff to diagnose a herniated spinal disc – for several weeks.
Per Robert Keogh, the Rutledge’s attorney, the U.S. Attorney’s office in Guam now has 45 days to request another hearing in appeals court.
Mikel Schwab, the Assistant U.S. Attorney representing the U.S., said that he was not authorized to comment on the case, a spokesperson wasn’t available and all queries were shuffled over to the U.S. Attorney’s office.
Of the appeals court decision, Keogh said that the Rutledge’s are pleased by the ruling, “but they don’t have any money yet. They have been fighting this thing since 2004 and they haven’t seen a penny.
I don’t know what the government is going to do.”
When the month-long trial in Guam ended in 2008 the couple was given the multi-million dollar award for pain, suffering and loss of income.
In court documents, it was shown than Deborah Rutledge, plagued by numbness in her groin, legs and feet, sought care from the Andersen family clinic. On many occasions between July and August of 2004 Rutledge was only seen by a nurse and a doctor’s assistant.
In each instance the medical staffed failed to perform examinations for the numbness, and failed to report her case to supervisors.
Hence, court records show, Rutledge was misdiagnosed.
As her numbness continued to spread, and she grew incontinent, the Air Force continued to deny her access to a physician during any of her visits. After many weeks Rutledge confronted the staff and demanded that she be attended to at Naval Base Guam.
Keogh said, “She was not being seen by a physician, she was being seen by mid-level providers. Any physician would have recognized this as a surgical emergency that she was undergoing.”
But Air Force staff, in continuing to be deficient, provided Rutledge with a routine referral instead of an emergency referral. She then languished five more days waiting for her appointment.
Once Rutledge was seen at Naval Base Guam, a Navy doctor recognized her symptoms immediately – and diagnosed that she was suffering from a herniated disc. The doctor then ordered that she be airlifted to Hawaii for an emergency operation.
According to court records, and Keogh, even after the emergency surgery Rutledge has continued to suffer nerve damage – caused by the untreated herniated disc.
Court records read that Rutledge has “difficulty sleeping through the night…is unable to sit like a normal person, unable to walk for an extended period of time without experiencing pain, and is permanently disabled.”
If you, or someone you love, have suffered from a hospital’s error or neglect, contact a medical malpractice lawyer from our directory to seek monetary compensation for your losses.