Woman Awarded $24 Million in Medical Malpractice Case

This August, jurors awarded a New Orleans woman $24.2 million in a medical malpractice case. Seven years ago the woman's son underwent surgery at Ochsner Clinic Foundation, to correct a congenital heart defect. Her son was three at the time of the 2005 surgery and when an infusion pump used during the surgery malfunctioned, her son was left with irreversible brain damage. The pump failed and delivered the adrenaline drug epinephrine to him and this triggered cardiac arrest. She sued the manufacturers of the pump, Abbott Laboratories and Hospira Inc, and Ochsner.

After a week long trial, the jury decided that the manufacturers failed to meet the warranty provision in their contract with Ochsner Clinic, which had already admitted liability in 2007, paid $100,000, the state cap, at which point the Louisiana Patients Compensation Fund became involved. The Louisiana Patients Compensation Fund is a malpractice fund administered by the state. The jury decided that 9 year old boy is entitled to $20 million in future medical expenses and that the manufacturers are responsible for 65 percent of the award amount, while Ochsner is liable for the remaining 35 percent. This would mean that Abbot Laboratories and Hospira Inc. would need to pay $15.7 million, and Ochsner $8.5 million, which the Louisiana Patients Compensation Fund would have to pay. However, the jury was unaware that the manufactures had settled for an undisclosed amount in May. So it is unclear whether or not the settlement is greater or less than the jury award.

A spokesperson for Hospira said that their sympathies go out to the child and his family but that the pump was designed to be safe. The jury held that the manufacturers were responsible for the pump being unreasonably safe under the Louisiana products liability law. The compensation board is currently considering whether or not to appeal the jury decision.

Medical malpractice cases are serious and can have life-changing consequences for victims of malpractice and their families. If you or a family member suspects medical malpractice or has experienced an incident of malpractice, contact a medical malpractice attorney as soon as possible. Time is always of the essence when it comes to uncovering evidence and protecting your case, so make finding an experienced medical malpractice lawyer a priority. It takes an experienced attorney to demonstrate that the standard of care has been neglected and that better care could have produced a very different outcome.