The American Board of Trial Advocates (ABOTA) recently called on the U.S. Senate to reject the Protecting Access to Care Act of 2017 (H.R. 1215) and any similar legislation that seeks to thwart state-delegated powers to govern medical malpractice cases and to place a nationwide cap of $250,000 on non-economic damages in medical malpractice cases.
N.B. What follows is the text of a pamphlet authored for JCAHO. We have reproduced it with our comment that this is good advice, whether coming from a health organization or a law firm. Healthcare settings can be dangerous and mis-information can lead to tragic consequences. Please do your best to communicate clearly with your healthcare team and to make sure they communicate clearly with you. You should know what the treatment plan is and make sure that is what happens. Please remember you have the right to discharge your doctor and replace him or her with someone whom you feel is more suitable. Good luck-Pfaff, Gill & Ports, Ltd.
We are currently prosecuting a case against Osco for negligently failing to warn a patient and the prescribing doctor that the drug Reglan should not be taken for more than 12 weeks "except in rare cases." The doctor prescribed and the pharmacy dispensed Reglan to our client for more than 6 years. He acquired a disabling movement disorder, tardive dyskinesia, from taking Reglan. That side effect is exactly the reason why the FDA required Reglan's manufacturer to place a black box warning about not taking the drug for more than 12 weeks on the package insert beginning in 2009. The package insert went only to the pharmacy; the patient did not receive the package insert, nor did the doctor. We expect to try the case in 2017.
Pfaff, Gill & Ports, Ltd. filed a new lawsuit today in Tazewell County Circuit Court against Pekin Hospital, Pekin ProHealth, Inc., and the estate of Dr. Dwayne McQuitty. The suit was filed on behalf of the surviving wife of a 35-year-old Pekin man who bled to death in April after a negligently performed kidney operation, and failure of the doctors and hospital employees to diagnose and treat post-operative internal bleeding.
A Tazewell County jury awarded a $5,008,921.72 plaintiff's verdict to the estate a 36-year-old woman who bled to death during a DaVinci robotic hysterectomy procedure at Methodist Medical Center in Peoria, Illinois. The gynecologist, Dr. David Kindred, accidently lacerated her left iliac artery and she bled internally for approximately 2 hours before the injury was detected. Meanwhile, the anesthesia staff, which included Angela Brown, CRNA, and Dr. Eric Hawkins, failed to timely diagnose and treat the internal bleeding, despite the presence of deteriorating vital signs in the patient.
Bruce Pfaff and Matthew Ports yesterday learned that the First District Appellate Court in Chicago, Illinois affirmed a verdict for $12.2 million they obtained for a southwest suburban family two years ago. The verdict was against AES, a corporate subsidiary of Fresenius, and a plasmapheresis nurse who was called on an emergency basis to provide care to the firm's client who was in the emergency department at Advocate Christ Medical Center. The nurse delayed 6 hours in responding to the hospital even though she had finished her other duties and was only 45 minutes away when she received the call. The nurse chose to do a non-emergency case at another hospital to make more money, then she went home for 3 hours before finally going to Advocate Christ. By the time she arrived at the hospital, a 50-year-old husband and father of three had arrested and could not be saved. He died of thrombotic thrombocytopenic purpura (TTP), a blood disease.
Pfaff, Gill & Ports, Ltd. is prosecuting a case against a Chicago-area doctor who continued to prescribe Reglan (metoclopramide) to a patient for more than four years. Unfortunately, our client developed tardive dyskinesia and dystonia due to the prolonged Reglan use, which has totally disabled him from working and his family's everyday life. The doctor failed to inform our client that the drug should not be taken for more than 12 weeks and that doing so results in a significant risk of tardive dyskinesia, a disabling movement disorder.