Caverject

ATLA's Professional Negligence Law Reporter includes a broad range of medical negligence cases. Here are examples of the kinds of cases appearing in each issue of PNLR.

Liability for injuries caused by fire during surgery

Verdict for the estate of a woman who suffered disfigurement after a fire erupted around her oxygen mask during surgery. Her daughter sued a general surgeon on behalf of her estate, alleging liability under a res ipsa loquitur theory. Tom Clements and Jill Manges, both of Hammond, Ind., represented plaintiff in this case.

Gold v. Board of Trs. of Porter Mem'l Hosp., Ind., Porter County Super. Ct., No. 64D059610CT2756, Mar. 21, 2003.

Improper prescription of Caverject

Verdict for a man who suffered permanent penile curvature after using Caverject for erectile dysfunction. He sued a urologist, alleging he had improperly prescribed the medication in light of plaintiff's penile fibrosis. *Donald T. Bertucci, Chicago, Ill., represented plaintiff.

Doe v. Loyola Univ. Hosp., Ill., Cook County Cir. Ct., No. 98 L 1220, Feb. 20, 2003.

Misfilled Dilantin prescription

Verdict, including punitive damages, for a man who suffered aggravation of his dementia after being administered an overdose of Dilantin while hospitalized. He sued the hospital, alleging its pharmacy had misfilled the Dilantin prescription, causing hospital staff to administer the overdose. *Jonathan Gathings, Jay Pickering, and *Jeffrey S. Daniel, all of Birmingham, Ala., represented plaintiff.

Ferguson v. Baptist Med. Ctrs., Ala., Jefferson County Cir. Ct, No. CV 2001-623, Feb. 28, 2003.

ERISA preempts claim that HMO had failed to ensure member received necessary medical care

The Fifth Circuit Court of Appeals held that [sec] 514(a) of the Employee Retirement Income Security Act (ERISA) 29 U.S.C. [sec][sec] 1001 et seq., preempted a claim alleging an HMO had failed to ensure a diabetic member-patient received adequate medical care.

Haynes v. Prudential Health Care, 313 F.3d 330 (5th Cir. 2002).

Comment: For a contrary outcome, see Villazon v. Prudential Health Care Plan, Inc., __ So. 2d __, No. SCOl-1397, 2003 WL 1561528 (Fla. Mar. 27, 2003). There, a man sued an HMO, alleging it was liable for a primary care provider's negligent mistreatment of his wife's cancerous tongue condition. Defendant successfully moved for summary judgment on the basis that [sec] 514(a) preempted plaintiffs claims. An appellate court affirmed. Reversing and remanding, die Florida high court held, among other things, that ERISA does not preempt viable state law claims arising from mixed eligibility and treatment decisions. *James C. Blecke, Miami, Fla., represented plaintiff. *David J. Sales, West Palm Beach, Fla., was amicus curiae counsel in the case.

Treating anesthesiologist had nondelegable duty to know patient's medical information

The Nebraska Supreme Court held that treating anesthesiologists have a nondelegable duty to be aware of reasonably available and significant medical information about their patients. *Daniel B. Cullan, Paul W. Madgett, and Diana J. Vogt, all of Omaha, Neb., represented plaintiffs.

Breeden v. Anesthesia W., P.C., 656 N.W.2d 913 (Neb. 2003).

Failure to diagnose pulmonary emboli

Verdict on behalf of a man who died several days after being diagnosed as having pneumonia at a hospital emergency room. His wife sued the hospital, alleging its resident had failed to diagnose or rule out pulmonary emboli. *James C. Klick and *Joseph A. Kott, both of New Orleans, La., and Joseph Lepow, Metairie, La., represented plaintiff in this case.

Heffker v. Ochsner Found. Hosp., La., Jefferson Parish Jud. Dist. Ct., No. 559-382, Feb. 5, 2003.

Physician not liable to driver injured by seizure victim

The Iowa Supreme Court held that a driver who was injured by another motorist after she suffered a seizure while driving could not hold the other motorist's physician liable for allowing her to drive.

Schmidt v. Mahoney, __ N.W.2d __, No. 190/01-1881, 2003 WL 1733527 (Iowa Apr. 2, 2003).

Copyright Association of Trial Lawyers of America Jun 2003
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