TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, October 5, 2006

$217M for Misdiagnosis

In what's being called one of the biggest verdicts in Florida history, a jury awarded $217 million ($100 of it punitive damages) for the failure to diagnose a stroke.  The plaintiff ended up in a wheelchair with an ongoing danger of choking when swallowing.

The family says that any punitive damages they collect will be donated to medical research organizations.

The evidence indicated that the person who first evaluated the plaintiff at the emergency room when he presented with symptoms consistent with a stroke and a (reported) family history of stroke was an unlicensed physician's assistant.

Greedy Trial Lawyer disputes the notion of calling this a "jackpot" award and provides some additional facts, both about the incident and the litigation (including the carrier's offer to settle the case for a total of $300 [not $300K, but $300]).

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» Jackpot justice: $217M for misdiagnosed stroke in Florida from Overlawyered
$100.1 million in punitive damages, and the "compensatory" award is almost certainly mostly non-economic damages, though the press coverage does not distinguish. (Thomas W. Krause, "Jury Puts Punitive Award At $100 Million", Tampa Tribune, Oct.... [Read More]

Tracked on Oct 5, 2006 5:58:29 AM

» Lawyer Wins $217 Million In Med Mal Case, Vows To Go After Doctors' Insurance Company Next from Insurance Coverage Blog
I saw this story all over the news wires and blogs this morning and thought I'd pass it on. Last week, a Florida jury awarded $116.7 in compensatory damages in a case where a stroke victim was allegedly misdiagnosed and... [Read More]

Tracked on Oct 5, 2006 8:33:13 AM


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