New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447



Case Title                        Anonymous v. Anonymous                               


County         Hillsborough        


Date of Injury:      2003     


Liability Facts:


This is a medical negligence claim.


The plaintiff, a 41-year-old female, was seen by a nurse practitioner in the offices of a local medical center, where she had been receiving her primary medical care and treatment.  The plaintiff presented with a one week history of fever, cough, and chest congestion. Additionally, the plaintiff reported to the nurse practitioner that she was feeling quite ill. During presentation, rapid breathing and pulse, as well as decreased oxygen saturation in the blood, were noted. The diagnosis made by the defendant nurse practitioner was probable bilateral pneumonia. The plaintiff was sent home with an antibiotic and instructed to return for follow up in four days.  The plaintiff’s condition soon deteriorated dramatically and she was taken to an area hospital for evaluation.  She required urgent intubation and was admitted and transferred to the ICU, where she became unresponsive.  The plaintiff was diagnosed with bacterial meningitis.  She spent more than a month in the intensive care unit before being transferred to the rehabilitation unit. Ultimately, the plaintiff was admitted to another local medical center as well as a rehabilitation center for further treatment.


Plaintiff:        1) Sex F           Age: 41



Plaintiffs’ Theory of Liability:


The plaintiff sued the defendant nurse practitioner as well as the employer of the nurse practitioner for, among other things, the failure to admit the plaintiff to the hospital for additional appropriate care and treatment following her first presentation, failure to properly recommend additional necessary and appropriate diagnostic tests, failure to properly refer the plaintiff for additional consideration, care and treatment, and for otherwise failing to exercise due care.


Defendants’ Theory of Liability:


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




As a result of the defendants negligence, the plaintiff was hospitalized for more than a month in the intensive care unit and required many months at a rehabilitation center. She has been left with profound, permanent injuries and disabilities, including hearing loss, speech impairment and difficulty walking. She is unable to return to her job as a legal assistant, and is unlikely to return to work in the future. She will need lifelong medical and rehabilitative care to survive.



Medical Expenses:                              $ 443,072.49

Non-Medical Expenses:                      $     3,974.22

Estimated Economic Loss:                  $ 447,046.71




The parties reached confidential settlements after suit was filed but prior to trial.




For the Plaintiff: Kevin F. Dugan, Esq. and Mark A. Abramson, Esq.