$4.8 Million Settlement Obtained in Medical Malpractice Wrongful Death Case
October 27, 2017
On May 10, 2017, a Cook County jury returned a $4,800,000.00 jury verdict on behalf of Rapoport Weisberg & Sims P.C. client in a medical malpractice wrongful death case. Trial attorney Joshua L. Weisberg of Rapoport Weisberg & Sims P.C. has reported that the case has now been settled in exchange for full payment of the jury’s $4,800,000.00 verdict.
The case alleged that an orthopedic surgeon should have ordered a blood thinner for his patient following surgery to repair his patient’s ruptured quadriceps tendon. The patient was not provided with a blood thinner and died one week after surgery due to a massive pulmonary embolism.
At trial, Mr. Weisberg presented several highly qualified medical experts who explained the patient was at high risk for a post-operative blood clot and the standard of care required the surgeon to provide him with a blood thinner to prevent clots. The surgeon and his hired experts denied the patient was at high risk for a blood clot, denied that a blood thinner was indicated, and blamed the patient for causing his own death by failing to get out of bed after surgery allegedly in violation of his discharge instructions.
After hearing all of the evidence and arguments, the jury found the surgeon deviated from the standard of care by failing to order a blood thinner. The jury also found the patient was contributorily negligent and allocated 20% of the total fault to him. The jury awarded $6,000,000.00 in damages, which was reduced by the decedent’s 20% contributory fault, to the net verdict amount of $4,800,000.00.
Following the trial, the surgeon and his practice group filed a post-trial motion requesting a new trial, which was briefed and argued before the trial judge, who denied the post-trial motion. The case was then settled for the full amount of the jury’s $4,800,000 verdict, with no appeal.