Posts tagged with "fatal accident"

State Lawmaker Involved in Car Accident Lawsuit Accused of Drunk Driving

A personal injury lawsuit filed this week accuses Connecticut State Rep. Christina Ayala of fleeing the scene of an accident caused by her own drunk driving, according to a report from the Norwich Bulletin.

Sources say the lawsuit, filed by 26-year-old Krystal Valez, claims that Ayala was under the influence of alcohol when she ran her car into a vehicle driven by Valez. The lawsuit also alleges that Ayala fled the scene of the accident.

The accident in question occurred last August, when Ayala’s 2007 Nissan Sentra allegedly struck a 2002 Honda Accord being driven by Valez.

Ayala allegedly fled the scene of the accident, but a person who witnessed the crash followed her car and eventually forced her to pull over about six blocks from the location of the collision, according to sources.

When Ayala was questioned by officers after the accident, she claimed that she tried to check on Valez following the collision, but that she decided to leave the scene because she felt “scared” due to the presence of a man who was screaming at her.

Car Accident Lawsuit

Interestingly, when police took Ayala into custody, they did not test her for alcohol, because they claimed she did not appear to be intoxicated. Nevertheless, the lawsuit filed by Valez alleges that Ayala was drunk at the time of the crash.

The plaintiff claims that she suffered back injuries and a concussion as a result of the accident, and that her medical costs amount to roughly $11,000.

Valez, however, will have to refute the testimony of Ayala’s father, Alberto Ayala, who claims that his daughter had not been drinking before the accident, according a statement given to the Connecticut Post.

Of course, Alberto Ayala has every incentive to make this claim, because not only is he the driver’s father, he is also named as a defendant in the car accident lawsuit.

Unfortunately for Christina Ayala, a native of Bridgeport, Connecticut, the pending personal injury lawsuit is the least of her legal concerns.

Sources say Ayala, who is serving her first term in the state legislature, was officially charged with failing to renew her driver’s registration, failing to obey a traffic signal, and evading responsibility.

During her latest court hearing, Ayala was told by her judge that she could accept a plea bargain offered by prosecutors or stand trial for her criminal counts.

Under the plea deal, Ayala would receive a suspended sentence and have an extended period of probation. Sources say Ayala has three weeks to make her choice.

By JClark, totalinjury.com

If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Woman Injured in Rail Crash Files Train Accident Lawsuit

A 65-year-old woman who was injured in a dramatic train crash last month in Connecticut has filed a negligence lawsuit against Metro-North Railroad, according to a report from ABC News.

Sources say the woman, Elizabeth Sorenson, a resident of Bridgeport, Connecticut, suffered multiple bone fractures and remains in critical condition as doctors tend to a severe brain injury.

The lawsuit was the first claim filed by a victim of the crash that occurred on May 17. According to sources, the crash injured more than 70 people.

Sorenson’s personal injury attorney told sources that he filed the lawsuit in federal court in order to gain access to witnesses that observed the accident and to allow families of the victims to become involved in the investigation.

Sources expect more lawsuits to eventually be filed in the wake of the massive train accident, which happened at 6:10 p.m. on a weekday as the train carried 300 passengers from New York’s Grand Central Station to New Haven, Connecticut.

The train reportedly derailed near a highway overpass in the town of Bridgeport, and was then struck by a train holding 400 passengers that was headed the opposite direction.

The Damage Caused by the Accident

The damage caused by the accident was “absolutely staggering,” according to Connecticut Senator Richard Blumenthal, as he observed the scene. Sources say parts of the roof of some of the train cars had been torn off, and that some of the tracks were noticeably twisted.

Three people remain in critical condition after the accident, and the National Transportation Safety Board has launched a full investigation into the wreck.

Thus far, investigators have yet to isolate the cause of the accident, but the impact was so severe, some passengers initially thought it may have been caused by a bomb.

“We came to a sudden halt. We were jerked. There was smoke. People were screaming; people were really nervous. We were pretty shaken up. They had to smash a window to get us out,” said one passenger traveling from New York.

Another passenger told local sources that they “went flying” and reported that “one entire compartment was completely ripped open.”

Most of the 70 passengers who were injured received prompt treatment at the site of the accident, but three victims are still in critical condition, according to reports.

According to report from train officials, the tracks involved in the collision suffered “extensive infrastructure damage,” and the train involved in the accident will “need to be removed by crane” following a thorough investigation.

By JClark, totalinjury.com

If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

$825,000 Verdict for Injuries from Truck Accident

In a personal injury trial in the Stamford Superior Court a woman received $825,000 for injuries to her head and neck suffered in a collision with a large truck.

Case Details

The case involved a motor vehicle accident whereby, the plaintiff, Mrs. Hutter, was hit from behind by a large beer truck owned by DiChello Distributors. As a result of the collision, Mrs. Hutter sustained a number of serious injuries including injuries to her head and neck. She also sustained a mild traumatic brain injury.

During the course of a three week trial, the plaintiff presented a substantial number of witnesses to establish the significance of the impact and the extent of the injuries. The experts included an accident reconstruction expert from Maryland, a bio-mechanical expert from Virginia, a neurologist, a psychiatrist and a neuropsychologist.

In addition to the various expert witness, Mrs. Hutter also presented testimony from her friends who knew her before the time of the accident and were able to explain to the jury the significant change in Mrs. Hutter that occurred as a result of the incident.

The Verdict

After three weeks of evidence, the jury deliberated for two and one-half days and then rendered a verdict in favor of Mrs. Hutter in the amount of $825,000 including over $500,000 for compensation for her pain and suffering.

If you have any questions relating to a personal injury claim or would like to schedule a consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

Medical Devices Hurting Kids

Medical Devices –  from contact lenses to insulin pumps – injure about 70,000 children each year in the United States. A study published in the journal Pediatrics Monday is the first to compile data on the injuries. The increasing use of medical devices designed for adults in children concerns researchers.

  • A groundbreaking study of hospital admissions estimates over 70,000 injuries yearly
  • Many injuries linked to improper handling or care of medical devices by patients
  • Concerns over pediatric use of adult devices
Many Injuries Preventable, Some Tradeoffs Made

Contact lenses caused one-quarter of the injuries counted. Many of these were minor infections or scratches caused by kids failing to clean their contacts carefully or wearing them too long. Devices also caused some serious injuries. Some devices allow children to be treated at home instead of in the hospital. Sometimes parents lack the skill or knowledge to handle the devices properly. The idea that some of the injuries may be the result of adult devices being used in children raises questions of defective design by manufacturers and malpractice by caregivers.

As doctors and healthcare use medical devices more frequently to treat patients, litigation over injures the devices cause also increases. Very often the litigation takes the form of a class action. In a class action, the claims of numerous people who’ve been injured by the same device or drug are combined in one lawsuit. Injured persons may choose to join the lawsuit or go it alone.

Class actions involving persons injured by medical devices will involve some form of a product liability claim. Individual claims relating to devices might also involve a theory of medical malpractice or negligence. The increase in malpractice and products liability cases continues to stoke the health care and tort reform debate.

By: Arthur Buono

If you have any questions relating to a medical malpractice claim, medical injury, personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a consultation today.

Stop and Shop Slip and Fall Recovers $537,787 Against Attorney

Bell v. Law Offices of Howard A. Lawrence, LLC, NNHCV116025442S, 2013 WL 1943849 (Conn. Super. Ct. Apr. 19, 2013)

In a Connecticut Superior Court decision, Norma Bell recovered $537,787 in damages stemming from a fall at Stop and Shop Supermarket. The plaintiff’s award was against her former attorney in her personal injury action against Stop and Shop, who had failed to appeal Stop and Shop’s Motion to Dismiss.[1]

Case Background

On August 25, 2006, Norma Bell, when exiting from the Stop and Shop Supermarket located at 100 Division Street in Ansonia, fell due to the dangerous and defective condition of the parking area next to the store provided for use by its patrons.[2]  Stop and Shop, although not the owner of the parking area, would have the duty to use reasonable care to maintain the said area in a reasonably safe condition to which its patrons were invited to use.

As a result of her fall, the plaintiff sustained serious and permanent personal injuries including a serious cerebral concussion, frontal sinus dehiscence requiring craniotomy.[3]  Bell retained Howard A. Lawrence to represent her in connection with a claim for monetary compensation.

Bell’s attorney, Lawrence, filed suit against Stop and Shop only.  However, the lease agreement between Stop and Shop and the owner of the parking lot provided the lot owner was responsible for maintenance.  Bell’s attorney failed to include the owner of the parking in the action and after the court granted Stop and Shop’s Motion To Dismiss, Lawrence failed to appeal.

In the subsequent legal malpractice lawsuit against the Law Offices of Howard A. Lawrence, Bell won a judgment of $537,787.41 ($187,781.41 in economic damages and $350,000 for noneconomic damages) representing her damages for the “lost cause” against Stop and Shop.[4]

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a personal injury claim or attorney malpractice claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

$13 Million For Victim Paralyzed in Texting While Driving Accident

A driver in Alabama who was paralyzed from the chest down after being rear-ended on a highway was awarded $13 million in compensatory damages last month. Phone records show that the defendant driving the other vehicle was sending text messages around the time of the accident.

He’ll Never Walk Again

Miguel Gutierrez was a migrant worker from Mexico, armed with a green card and driving through the South looking for work. In February 2010, on his way from Florida to Montgomery, Alabama to pick up a new job, Gutierrez was abruptly hit from behind on the highway just as he entered the city, shattering two of his vertebrae and leaving him with no motor functions below his chest.

“He’s a 53-year-old guy who just loved to work,” says Gutierrez’s attorney, Keith Belt. “Now he’ll never walk again.”

During the trial, defendant Lisa Franklin argued that Gutierrez had actually caused the accident. “Basically, it was a he-said-she-said,” Belt says. “She claimed that my client pulled right out in front of her from a gas station. My client said he had been driving in that lane for over a mile and just got hit from behind. One of them was not telling the truth. It’s pretty obvious who the jury believed.”

Both sides brought in experts to recreate the accident scene for the jury, with conflicting accounts of how the events went down. However, Franklin’s testimony brought up questions of consistency.

“She basically said she didn’t see my client until a second before impact. She didn’t stop, didn’t even drop a skid,” Belt says. “The question she could never answer, based on the visibility of the accident scene, was how she couldn’t explain how she didn’t see him until one second before.”

Truth Found in Phone Records

The answer may have been found in Franklin’s phone bill. According to the records, she had both sent and received a text message within a two-minute window around the time the accident took place. “That gave an explanation to the jury for why she never saw him,” says Belt. “She was certainly not paying attention.”

The phone bill was enough for the jury, who handed Gutierrez a $13 million award, all compensatory for his past and future medical bills and other losses.

Unfortunately Gutierrez is far from alone as a victim injured by a driver texting while driving. According to the National Safety Council, 23 percent of car crashes, or 1.3 million per year, are caused by phone calls or texting. Phone use was involved in 3,092 highway deaths in 2010, the National Highway Traffic Safety Administration estimates.

While laws against distracted driving have proliferated in the last five years, some states still have no such measure in place

By: Aaron Kase

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a motor vehicle accident, driving laws, or a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

$178 Million Jury Award for Botched Gastric Bypass

A Serious Complication

At 38 years old, Clay Chandler stood 6’2” and weighed around 375 pounds. The father of two and veteran of the Clay County Sheriff’s Office in Florida always passed his physicals, but when he learned about the prestigious and nationally accredited gastric bypass program at Memorial Hospital, he decided to give it a try to shed some of the pounds.

During the 2007 surgery, doctors opened his abdominal cavity and reduced the size of his stomach, while arranging for food to bypass part of his small intestine. The idea is, the patient will eat less and absorb less of what he does eat, leading to weight loss. Unfortunately, in Chandler’s case, the surgery also led to an anastomotic leak, with fluids seeping out of his gastrointestinal tract. Though Chandler displayed classic symptoms of a leak, including difficulty breathing, he was left in critical care for eight days before doctors went in to diagnose and fix the problem.

By then, it was too late, and Chandler went into cardiac arrest and septic shock, suffered severe brain damage, and spent over two weeks in a coma. He emerged from the coma permanently mentally and physically disabled, in need of round-the-clock care, and unable to perform even the most basic life functions on his own.

Nationally Accredited Program

The extent of the neglect is shocking, says Chandler’s lawyer, Jacksonville-based attorney Tom Edwards. “A leak is a very serious complication that can kill the patient,” Edwards explains. “Unless you can definitely rule out a leak, you’re supposed to go back in and resew it.”

The hospital was obviously aware of the dangers. Memorial had received a “Bariatric Center of Excellence” certificate, and advertised that their facilities “must meet stringent quality criteria, as established by expert physician panels, surgeons, behaviorists, and nutritionists.” However, during testimony, Memorial CEO James Wood repeatedly admitted that the hospital hadn’t followed basic peer review policies designed to ensure patient safety. What’s more, John Deperi, the doctor in charge of Chandler’s care, was not actually certified to perform the surgery.

As if that weren’t enough, while Chandler was in a coma, he was again neglected, suffering from bedsores, frozen joints and ultimately was blinded when eye drops were not administered with any regularity. “He’s a total care patient for the rest of his life,” Edwards says. “He needs to be bathed, he can’t use his arms or hands to pull his blanket up if he gets cold, and can’t scratch his nose without help.” A jury heard enough and awarded Chandler, his wife, and two teenage children a total of $178 million for liability and punitive damages.

History of Fraud

Chandler may not be the only patient injured by the hospital’s negligence. A former Memorial nurse testified during the trial that the hospital had ignored her complaints of serious patient care issues for years. “Patients who have had problems need to look at who was doing surgery, and whether the hospital followed the guidelines they represented to the public they were following,” Edwards says.

Memorial Hospital is part of Hospital Corporation of America (HCA), a massive network comprised of 163 hospitals and another 109 freestanding surgery centers in the United States and Britain which calls itself the “nation’s leading provider of healthcare services.” However, this isn’t the first time the corporate giant has found itself on the wrong end of a fraud case. Over two settlements in 2000 and 2002, HCA paid out $1.7 billion to the United States government after running massive Medicare and Medicaid scams in the 1990s.

As a result of the suit, the healthcare company operated from 2000 to 2009 under a Corporate Integrity Agreement with the Department of Health and Human Services mandating strict ethics and compliance measures. Was the agreement effective? The fraud documented in Chandler’s case, in which the hospital did not meet their own advertised standards of care and certification, came in 2007 when the agreement was ostensibly still in place.

“Things Were Done Appropriately”

“I sure hope Memorial Hospital and HCA have learned their lesson,” Edwards says. “They had a good program in place in writing. They simply were cutting corners and not following their own policies. If they were following good safety procedures, this never would have happened.”

What measures for improving the hospital plans to take following the jury ruling is unclear. The hospital issued a statement indicating it plans to appeal, and in a brief interview after the award was announced, Memorial CEO James Wood told a television reporter, “We feel like things were done appropriately. The verdict was a surprise,” before getting in his car and driving away.

“He said that to the news media, but his sworn testimony before the jury would seem to contradict it,” Edwards noted.

By: Aaron Krase

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a medical malpractice claim, hospital negligence, or a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Unplanned Pregnancy, Wrongful Conception and Wrongful Birth

A Georgia woman has filed a $5 million wrongful pregnancy lawsuit against Qualitest Pharmaceuticals. She claims she became pregnant despite taking her birth control pills in the packaging sequence. Of course, Qualitest has recalled a number of brands and lots of the pills because they were packaged in the incorrect sequence for effective contraception.

The woman’s asking for damages for pain and suffering, mental anguish, loss of capacity for the enjoyment of life, health care and treatment, loss of earnings, and a loss of ability to earn money.

The lawsuit seeks class-action status for all women who’ve become pregnant because of this product defect.

Qualitest Pharmaceuticals recalled several brands of oral contraceptives because they posed a risk of unplanned pregnancy. The drug itself is not defective, but a packaging mistake could lead to a woman taking the pills out of sequence. In that case, contraception would be ineffective, and a woman could become pregnant unintentionally.

Not All States Permit Claims for Wrongful Birth or Pregnancy

A packaging error can make a product defective. For example, the failure to warn of harmful side effects or to instruct in the safe or proper use of the product can serve as grounds for a lawsuit if a consumer is harmed by the failure. The mistake might also be a breach of warranty. So if an unplanned pregnancy can be considered “harm” a consumer could sue for this result.

About half the states permit lawsuits for what’s known as “wrongful birth.” It’s a controversial concept. The idea is that had the parents of a child known it would be born with a serious birth defect or condition, they would have terminated the pregnancy. Similarly, parents, if informed that a pregnancy carried the risk of defect, like a genetic disease, may have avoided conceiving altogether.

For example, a jury recently awarded the parents of a child born with no arms and one leg $4.5 million. The award is to compensate them for the expenses of caring for their child over his lifetime. The parents sued the ob/gyn who failed to observe the deformities in two sonograms. They also settled separate claims against a hospital whose technicians likewise failed to detect the abnormalities.

In the United States, unplanned pregnancies are as much the rule as the exception. According to the Centers for Disease Control, as many as half of US pregnancies are unplanned. Could someone besides the parents be legally liable for the consequences of an unintended pregnancy?

Sure enough, some states allow lawsuits for a “wrongful” pregnancy that results in a normal birth. The “wrongful” part can be a defective sterilization, like vasectomy or tubal ligation, or defective contraception. Damages are limited, however. They include the pain and suffering of pregnancy and labor, the costs of medical care for the same, and the costs of the failed procedure or contraceptive device. They exclude the costs of rearing a child.

Wrongful Contraception

This brings us back to the Qualitest recall. If a woman became pregnant as a result of the ineffectiveness of an oral contraceptive, she might have a cause of action for wrongful pregnancy. I asked attorney Tom Lamb, who authors the Drug Injury Watch blog, about it.

Lamb has been involved in numerous product liability cases involving adverse side effects from oral contraception. “Wrongful pregnancy, like wrongful birth, is a state-by-state matter,” he said. “So the first issue is, does the state permit these types of claims.”

Being allowed to sue and actually having a case are two different things, Lamb continues. “You’re likely to have several problems of proof. In the first place, all contraceptives carry some risk of pregnancy. They’re not 100 percent effective. Then there are likely to be questions about whether the contraceptives were used correctly.”

Lamb also notes that a Supreme Court decision from last June has seriously affected suits against generic drug makers. “The Mensing decision put a roadblock in front of failure to warn cases against generic drugmakers. So now whether you have any case at all may come down to whether your doctor prescribed you the ‘name brand’ or generic version of the drug that harmed you.”

That’s something even Justice Thomas, who wrote the opinion in the case, called unfair. Most people, including Lamb, agree. “Hopefully,” he said, “Congress will realize this and find the time to fix the law.”

By: Art Buono

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a products liability claim, bad drug or medical error claim, or personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Hospital Dodges $31 Million Verdict Awarded to Quadriplegic Boy

Fourteen-year-old Aaron Edwards cannot walk or talk and needs 24/7 care because of hospital errors that left him severely disabled at birth.

When his mother was in labor, a nurse at Lee Memorial Hospital administered a drug to speed her labor and then forgot to stop the drug’s IV drip. That cut off baby Aaron’s air supply, causing lifelong disability.

Now a Florida jury has ordered that the hospital should pay $31 million to the teen’s family to pay for his care and to compensate for the disabilities he’s suffered. In spite of the ruling against it, Lee Memorial maintains that it did nothing wrong and that its staff acted properly; it has no plans to pay the full bill.

Many of the 10,000 Americans who successfully sue after being victims of medical errors could find themselves in the same boat – unable to collect enough from doctors and hospitals to even pay their legal fees, let alone make up for lost pay or extra treatment costs that result from health-care-caused injuries.

Caps Differ by State and County

“It does vary by state, but it is very common for individual states to have what’s called a ‘limited tort scheme’ or ‘limited waiver of immunity’ that establishes a very hard cap on the damages you can recover,” said Jim M. Perdue Jr., an attorney with Houston-based Perdue Kidd & Vickery.  “In Texas, our cap is $250,000 if it’s a state-owned hospital, $100,000 if it’s a county hospital.”

In Florida, the limit was $200,000 on public hospitals like Lee Memorial at the time that the jury ruled in favor of Edwards, who is a quadriplegic and can only communicate through a computer. That cap has since been raised to $300,000, and Edwards’ and others’ stories have prompted Florida legislators to consider raising it further, though no changes have yet been passed into law.

Reasoning for Limits on Recovered Damages

The reasons for these limits are two-fold:

  • States have often capped damages on public hospitals to protect the public coffers. Lee Memorial Health is a taxpayer-owned hospital that cleared $65 million after expenses in 2010. Paying out $31 million on a single claim would have halved its profits and could have affected its ability to provide care for the poor and uninsured.
  • Medical malpractice claims have also been blamed as one contributor to the nation’s skyrocketing health care costs, both because of large payouts and because those payouts have pushed up the cost of malpractice insurance to startling levels. Some physicians pay more than $200,000 per year for insurance.

A number of studies have shown that health care costs keep rising even with malpractice caps in place. And, hospitals in states that don’t have caps prove that it’s possible to stay in business even with the risk of big legal payouts – most obtain insurance to keep jury rulings from rendering them insolvent. According to some reports, Lee Memorial did not have insurance of this sort.

Financial Burden of Medical Liability Caps

Public Citizen, a nonprofit consumer advocacy group, issued a 2011 report in which it found that medical liability caps make care less available and more expensive – and prevent patients from being fully compensated for damage caused by bad doctors. Insurance companies and doctors are the ones who most benefit from malpractice caps, Public Citizen found.

Ironically, when people cannot expect payment to cover the cost of doctor-caused injuries, they may ultimately put a bigger financial burden on the health care system, attorney Perdue said. That’s because instead of receiving funds that would cover their post-injury medical costs, many are dashed into poverty by career-ending injuries and forced to rely on Medicaid or the emergency room for ongoing treatment.

This is the case with Aaron Edwards. Without the court-awarded funds, he will have to depend on Medicaid and Social Security Disability Payments to get by as he grows up.

There’s not much that most patients can do to protect themselves or to guarantee that they will be compensated if they’re victims of medical malpractice, attorney Perdue said. Many communities are only served by public hospitals, and malpractice payment limits apply to private hospitals in some areas. Meanwhile, seriously injured trauma patients don’t usually get to choose where they are taken even in areas where private and public hospitals do compete head-to-head.

When to Consider Litigation

Furthermore, it’s important to recognize that minor, non-life-altering errors do happen at even the best hospitals, and litigation is not always the best approach.

“Health care is not perfect,” Perdue said. “There are a variety of inconveniences and unfortunate things that occur. If anybody has suffered an event or an injury that is serious, they should never hesitate to call a lawyer and see what their rights are.”

In the meantime, some states are beginning to reconsider the caps they’ve placed on medical damages. Others, including Florida, are addressing challenges to malpractice payment limits on a case-by-case basis. A case currently before the Florida Supreme Court argues the constitutionality of damage caps, and legislators there are considering a bill that would pay Edwards family more than $30 million while leaving restrictions on future payments in place. That bill passed out of subcommittee on Feb. 17 and now awaits a vote by the state Senate’s Judiciary Committee.

By: Courtney Sherwood

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a medical malpractice case, hospital negligence or error, a personal injury claim, or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Flesh-Eating Disease Leads to $7.8 Million Verdict Against Hospital

Parents of a 12-year-old boy who suffered brain damage from a flesh-eating bacteria won a $7.8 million jury award against a hospital.

Jonathan Reynolds was taken to Dyersburg Regional Medical Center in 2004 after he cut his knee when he fell on an exposed nail head while playing laser tag at an amusement park. Doctors discharged the boy the same day, but two days later he returned complaining of excruciating pain, redness, and swelling moving up his leg.

It wasn’t until three days later that a new doctor realized Reynolds had a flesh-eating bacteria. By that time, according to his parents’ lawsuit, it was too late. Most of the skin from his knee to his groin had decomposed and required extensive skin grafts. He also fell into a coma and suffered from seizures that caused permanent brain damage.

According to the family’s lawsuit, the doctors failed to treat the cut properly because they didn’t give the boy antibiotics, and then failed to diagnose the flesh-eating bacteria.

This was the second time the case went to trial. The first trial ended in a mistrial in 2007. This time, although the jury issued its award, the doctors settled before trial, and the hospital settled in the middle of the trial.

The jury finished its work and decided that the family should receive $7.8 million, and found the owner of the amusement park, which is no longer in business, 13 percent responsible for the injury. While the jury would have put 20 percent of the blame on each of the two doctors who treated Reynolds and made the hospital liable for 47 percent, the actual amounts agreed upon in the settlement are confidential.

By: Sylvia Hsieh

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact Joseph Maya and the other experienced attorneys at our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.