New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

Case Title:                 Anonymous v. Anonymous                                          

County:                      Anonymous                                                                  

Date of Injury:          January 2005                                                          

 

Liability Facts:

 

            This is a wrongful death medical negligence claim involving a 52-year-old man, who came under the care of a local medical center for removal of a kidney tumor via laparoscopic nephrectomy.  During that surgery, the decedent suffered an intra-operative bowel perforation that went unrecognized by the defendants’ medical personnel for more than 24 hours, causing stool to seep into his system and resulting in sepsis, multi-organ system failure, a second corrective surgery and, ultimately, his death after suffering through more than 24 hours of extreme pain, suffering, and other injuries and impairments. The estate of the decedent brought suit against the defendant medical center. At the time of his death, the plaintiff was a married, local restaurant owner with two teenage children.

Plaintiff:        (1)Sex: Female  Age  51    

                        (2)Sex: Male     Age 52    

 

Plaintiff’s Theory of Liability:

 

The defendant failed to diagnose and treat the plaintiff’s bowel perforation intraoperatively or postoperatively, failed to follow the plaintiff’s postoperative condition to order additional and appropriate care and treatment, failed to properly recommend additional necessary and appropriate diagnostic tests and consultations, failed to properly refer the plaintiff for additional consideration, care and treatment, failed to perform a corrective surgery in a timely manner and otherwise failed to exercise due care. The defendants’ failures resulted in the plaintiff’s death.

           

Defendants’ Theory of Defense:

 

General denials of negligence and causation and assertions that all care provided fell within acceptable medical standards.           

 

Injuries:

 

The decedent suffered an intra-operative bowel perforation that went unrecognized for more than 24 hours, which resulted in sepsis, multi-organ system failure, a second corrective surgery and ultimately his death, causing him to incur substantial medical and hospital expenses, funeral expenses and other extraordinary expenses, physical pain, emotional suffering, loss of earning capacity, loss of enjoyment of life, and other injuries and losses.

 

            The decedent’s wife has suffered the loss of her husband’s comfort, care, society, services, and companionship. The decedent left behind twin, teenage children.

 

                        Special Damages:       

                                                            Total Medical Expenses:        $          109,947.29

                                                            Estimated Lost Wages:           $          400,000.00

                                                            Funeral Expenses:                   $              3,789.00     

                                                            Total Special Damages:           $          513,736.29

 

Verdict/Settlement:

 

            The parties settled after suit but prior to trial for a confidential amount.

 

Counsel:

            For the Plaintiff:         Mark A. Abramson, Esquire and Holly B. Haines, Esquire

                                                Abramson, Brown & Dugan, P.A.

                                                1819 Elm Street

                                                Manchester, New Hampshire