A woman that suffered a hemorrhagic stroke in 2006, which her physician had mistakenly diagnosed as a migraine, has been awarded $3.9 million in a medical malpractice lawsuit, as reported by the Coloradoan.
The award is the largest in history for Larimer County according to the Jury Verdict Reporter of Colorado.
K.M., originally paralyzed due to the effects of the brain bleed, now has difficulty walking and accomplishing everyday tasks. Additionally, K.M. was right-handed prior to the stroke and has had to learn to use her left hand instead. K.M. said that her writing is now more akin to that of "a fifty-grade boy."
K.M.'s husband, S.M. said that he and the couple's two children – aged 11 and 14 – felt "complete devastation" following K.M.'s stroke and they "didn't know if she was going to make it."
According to K.M.'s lawyers, the plaintiff entered the Poudre Valley Hospital's emergency room in Fort Collins complaining of an intense headache. Her blood pressure registered "dangerously" high at 204/97. The blood pressure reading was credited to her steroid use for the treatment of multiple sclerosis.
A physician mistakenly diagnosed her brain bleed as a migraine, and, according to her attorneys, sent her home with pain medication. However, K.M. stated that by "the next morning, I didn't have a headache anymore – but I couldn't walk or talk" and an ambulance returned her to the hospital.
Dr. J.U. was found negligent through medical malpractice, according to a jury, and his insurance company was required to pay K.M. the multi-million dollar award.
The Poudre Valley Hospital was not found negligent in the incident.
Allegedly Dr. J.U. has since retired from the medical profession. He has also made his own apologies to K.M. who told reporters in response, "I forgave him a long time ago."
David Woodruff, an attorney for the family, said, "It was a struggle" but the award will "…make things much easier for her. ... We're pretty happy."
The lawsuit was filed in 2008. Through the many depositions and court hearings over the years – K.M. always appeared. In the beginning she sat in her wheelchair, struggling with a paralysis that continues to affect the entire right side of her body.
K.M., in reflecting on her life prior to the miss-diagnosis that included inline skating and cycling, said, "Two weeks before the stroke, I was skiing and snowboarding in Brecken-ridge, so I was very active." Now she watches her children play sports from her wheelchair or a three-wheeled bike. She did make an attempt at snow skiing again – only to be able to finish a single run. She has given up on most of the hobbies she used to enjoy.
K.M., 39, and S.M., 40 have been living in Windsor for over a decade and plan on continuing to do so.
If you have been hurt instead of healed while under the care of a physician, you have grounds for a lawsuit. Contact a medical malpractice attorney from our directory to file your claim.