Notable Verdicts & Settlements in Medical Malpractice Cases
Unmonitored Patient After Surgery Suffers Severe Brain Injury Due to Lack of Oxygen – $3M Settlement
We represented Tom S., 38 years of age, who went to a hospital in South Jersey on July 18, 2007 with severe abdominal pain. He was diagnosed with a hernia and surgery was performed the next day without any complications.
He was then transferred to the medical surgical floor at this South Jersey hospital. At approximately 5:30am on July 20th, one of the Hospital’s nurses entered Tom’s room. She testified that she could not wake Tom S. up. She testified that she continued to arouse him for a period of time which she estimated could be as long as ten minutes, but the records revealed lasted almost thirty minutes. A “code” was called at the hospital and Plaintiff was then given medications that brought him back to life; however, with severe complications.
This hospital had policies and procedures that required patients such as Tom S. to be monitored continuously. More specifically, the hospital had a policy which required Tom’s oxygen to be monitored continuously through the night so that he did not have episodes where he stopped breathing. However, the nurses failed to follow their own policies and when they found Tom S. unresponsive they waited an extraordinary and devastating length of time that caused him to have a severe brain injury.
Plaintiff had a nurse expert to testify that the nurses violated the standard of care and their own policies with regard to the proper monitoring of Plaintiff. In addition, we had retained a neurologist and a life care planner to substantiate the incredible damage to the Plaintiff.
We were able to secure a $3M settlement for the Plaintiff which will ensure that his medical needs will be taken care of for the rest of his life.