A jury has awarded a woman $24 million in a medical malpractice lawsuit. Jurors aligned with the woman believing her claim that her toddler was left with irreversible brain damage when an infusion pump malfunctioned during his surgery at a local hospital over seven years ago.The plaintiff sued the hospital and the pump manufacturers in District Court on behalf of her son, who was just 3 years old when he underwent surgery to correct a congenital heart defect.The pump which is made by Abbott Laboratories failed during his surgery and deposited epinephrine which is an adrenalin drug into the child thereby a triggering cardiac arrest.As an experienced attorney I have reviewed many cases of Medical Malpractice and completed same with favorable results.
The child, who is now 9 years old and severely disabled was examined in court by the jury and they decided he deserves $20 million for future medical expenses. Jurors deliberated only about two hours before delivering their verdict which ended a week long trial.The jury was not made aware that the hospital and the manufacturer settled for an undisclosed sum and were dismissed from the case.Jurors found the companies are 65 % responsible meaning they would have been responsible for $15 million. Jurors found the defendants failed to meet the warranty provision of their contract and admitted liability 5 years ago and paid the $100,000 cap required by state law which triggered the involvement of the State Patients Compensation Fund, a state-administered malpractice fund. The jury ordered the compensation fund to pay 35 % or about $8 million.The compensation fund’s board is launching an appeal.The hospital and the pump manufacturer were found responsible for using and creating the dangerous infusion pump and under products liability law, infusion pumps are designed to be safe.” Our sympathies certainly go out to the victim and his family.” said the hospital spokesperson. If you or a loved one has been the victim of a traumatic brain injury contact me today or visit one of my offices in either Rockville or Baltimore.