Medical Negligence: Homemaker v. Rural Emergency Department

Michael A. Kelly and Christian Jagusch M.D., J.D. reached an eight figure multi-million dollar confidential settlement on behalf of a mother of two who suffered the loss of both legs due to delayed diagnosis of sepsis. Plaintiff went initially to the office of her general practitioner for a skin irritation. He sent her home. Two days later she went to a hospital emergency room where her history of being on two immunosuppressant medications was ignored. She was diagnosed with “flu-like symptoms” and released. The next day she developed a fever and body aches and visited a second hospital emergency department. The admitting nurse correctly noted that she was on immunosuppressant medications but did not communicate that fact to the physician on duty who diagnosed “viral syndrome” instead of worsening infection. The plaintiff decompensated into septic shock at home and was finally hospitalized near death with a massive Group A Strep infection. She remained hospitalized for two and a half months during which time her limbs suffered lack of blood supply and required amputation. All defendant health care providers denied responsibility. The plaintiff was the beneficiary of an ERISA medical insurance policy through her husband’s employment. The medical benefit provider asserted medical liens in excess of $2,000,000. As part of the case resolution a substantial compromise of the liens was achieved.