JVR Trial Excellence Awards 2024

2024

in a Medical Malpractice Case Outstanding Defense Verdict

AWARDS

Failure to Properly Treat Subdural Hematoma Leads to Death Not Guilty

PLAINTIFF ASKED $21.5M - $23.5M DEFENSE OFFER None VERDICT For the Defense

P laintiff fell down 20 cement stairs and injured his head and neck. He was taken to the hospi- tal where no brain bleed was identified on a CT scan and he was released. He returned four days later and a new CT scan revealed an acute subdural hema- toma. Plaintiff was transferred to the ICU where he re- mained for three days and was discharged. His symp- toms deteriorated and he returned the next day. A CT scan revealed a massive brain bleed, and he underwent

an emergency craniotomy. Afterwards, plaintiff re- mained in a nursing home until his death four years later. His estate claimed the hospital was negligent in discharging him. The defense argued that his deterio- ration was not foreseeable at the time of discharge, his condition changed due to either a new subdural hem- orrhage or expansion of his existing hemorrhage, and his injuries and death were the result of his failing to seek immediate care when his condition deteriorated.

80 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS

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