Medical Malpractice: Brain Damage

Tried before judge or jury (or mediation): Settled.

Special Damages: $200,000.00 (medical expenses)

Amount (specify award or settlement): $1,000,000.00

Date (of verdict or settlement): May 29, 2001

Highest Offer: $1,000,000.00

Attorney for plaintiff(s) and city of office: Kenneth I. Kolpan

Other useful information:

On October 15 1999, the Plaintiff, age 26 and mother of two children traveled to the Defendant Ob-Gyn's office for a second semester termination of her pregnancy. Prior to the Plaintiff's arrival at the Defendant's medical office, a second Defendant, a nurse anesthetist, prepared IV bags of Saline and Brevitol, a medication used as an anesthesia during the procedure.

The surgical procedure was completed successfully. At the conclusion of the procedure, while the Plaintiff was recuperating, the Defendant Ob-Gyn gave the Plaintiff IV medication thought to be Pitocin, only. The Defendants left the Plaintiff unattended for thirty to forty five minutes.

After approximately thirty minutes, the Defendants found the Plaintiff unconscious and unresponsive. EMT's were called. On the way to the area hospital, the Plaintiff suffered a cardiac arrest. Plaintiff remained in coma several days.

Later on October 15 1999, the Defendant nurse anesthetist was looking for the unused IV bags containing Brevitol which she had prepared earlier in the day. In the waste basket, the Defendant nurse anesthetist found an empty IV bag that had been labeled, "Brevitol".

The Plaintiff had been given an excessive overdose of the drug, Brevitol. Plaintiff sustained significant brain damage. She spent nearly three months in acute and rehabilitation care. She has returned home but has been unable to work.

Suit was brought against the Defendant Ob-Gyn and Defendant nurse anesthetist. A brief video depicting the Plaintiff's current medical condition. was submitted to the Defendant Ob-Gyn's insurer. .

Settlement was $1,000,000.00, the full policy limits of the Defendant Ob-Gyn. Plaintiff's health care provider accepted a reduction of their lien, notwithstanding that it was an ERISA policy.

Suit against the Defendant nurse anesthetist is pending.