Featured News 2012 New York Lawyer Wins $120 Million Medical Malpractice Lawsuit

New York Lawyer Wins $120 Million Medical Malpractice Lawsuit

It is one of the biggest medical malpractice lawsuits in history. A mother of two children with the initials J.M. originally visited her New York doctor because she had a seizure and wanted some preventative medication. She did not think that the situation was very serious, but figured it would be best to make an effort to avoid a similar episode in the future. At the time, J.M. was a mostly-healthy, busy mom who was occupied with raising her children, working as a claim adjustor, and singing in the church choir. She was 37.

Everything changed after J.M. began taking her anti-seizure medications. Because the doctor had not given her a proper assessment, he did not know that she was allergic to the prescription that he gave her. She had a serious allergic reaction that caused her to go into cardiac arrest. She suffered brain damage from the reaction and has never been the same. Now, the woman is permanently incapacitated. The lawsuit against the three hospitals that contributed to the awful episode was filed on J.M.'s behalf by her mother. The lawyer who represented J.M. is a senior partner at Kramer, Diloff, Livingston & Moore in New York.

He argued that J.M. would live a perfectly regular life today if it wasn't for the negligence of the doctors in the hospitals. According to the attorney, J.M was given some of the worst medical care imaginable. She was never monitored or cared for. Now, J.M. is under the full-time, 24 hour care of her mother. Along with the brain damage, J.M. was diagnosed with a skin condition called Stevens-Johnson syndrome. The disorder is rare, and requires special medications to keep under control. Some speculate that mixing the skin disorder medication and the seizure one, combined with J.M.'s violent allergies, was what created the reaction that debilitated her.

J.M.'s lawyer was gratified and somewhat shocked when they won the lawsuit with $120 million. He says that the litigation was a mammoth task and remains the highest verdict that he has ever had. The trial lasted about seven weeks, but the attorney assured the press that it was a labor of love. He says that he felt horrible that this woman was given such poor care that it eventually affected her to the point of incapacitation.

According to the court records, 50 percent of the responsibility was allotted to the Jacobi Medical Center in the Bronx. 40 percent was allotted to the Kings County Hospital Center in Brooklyn. As well, five percent of the responsibility was attributed to the Brookdale University Hospital and Medical Center in Brooklyn. Another four percent was attributed to one neurologist who was particularly negligent in the case. According to one account, The City's Health and Hospitals Corporation wants to appeal the case to a higher court.

As this case shows, a medical malpractice lawsuit can't solve all of the repercussions of a person's negligence or ignorance. Even $120 million can't satisfy the pain and loss that J.M. and her family have faced. Doctors don't expect her to ever recover from her vegetative state. If your loved one has received a similar result because of a hospitals negligence or disrespect, then you should contact a medical malpractice attorney to see what can be done. While no amount of money can restore your loved one's health, the lawsuit may be able to finance the medical care that that person needs to stay comfortable. Also, you may be able to benefit from the finances and help your family solve the money troubles that may come with having a parent or spouse that has lost their job due to their condition.

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