Wed, Apr 2, 2014

Larry Obtains Defense Verdict in Medical Malpractice Case

Decedent was a 22-year-old girl who presented to the emergency room with nausea, vomiting and abdominal pain.  She was then treated for dehydration.  Decedent was thereafter admitted to the hospital under the care of my client. My client treated Decedent for gastroenteritis and dehydration.  Her condition initially improved; however, she thereafter started to deteriorate.  My client called in several consults to take over the care and treatment of Decedent.  Approximately 36 hours into the admission, a tampon was found in Decedent while she was being prepared for exploratory surgery.  It was thereafter thought that she might be suffering from toxic shock syndrome and she was treated accordingly.  She eventually passed away approximately four days after her admission.  An autopsy was performed after the death and it was determined that Decedent passed away due to liver failure; however, it did not determine the cause for the liver failure.  Plaintiff, the Decedent’s mother, tried the case on the theory that Decedent died due to toxic shock syndrome, and that the health care providers failed to diagnose and treat the condition.  The defense denied that Decedent died due to toxic shock in that she did not have signs and symptoms for toxic shock.  The defense argued that she died due to acetaminophen toxicity.  There was evidence that she was abusing Vicodin prior to her admission.  The jury returned a defense verdict.