Latest News 2011 June $6.7 Million Award Largest for Medical Malpractice in Maine

$6.7 Million Award Largest for Medical Malpractice in Maine

As reported by the Bangor Daily News, a widow has been awarded what might possibly be the largest medical malpractice award in the state of Maine, from a lawsuit filed against the Eastern Maine Medical Center (EMMC) and Bangor-based surgeon Dr. L.N.

The lawsuit was filed on August 28, 2009 in Penobscot County by P.B., 49, due to the sudden death of her husband, T.B.S., on March 8, 2005, at EMMC.

T.B.S died on his 44th birthday, an event that also coincided with Mother's Day, after having an accident on an ATV.   He was flown by LifeFlight to the hospital on May 6, 2005.

The six-day trial, held in the Penobscot Judicial Center, found doctors and nurses at the medical center and Dr. L.N. negligent in the death of T.B.S.

John Flynn, P.B.'s attorney wrote in an e-mail: "The family of (T.B.S.), and his many friends are very thankful and relieved with the jury's verdict.  They extend their heartfelt gratitude to the jurors for their time and commitment to getting this right. Although they will always have a void left by the loss of their husband and father, they appreciate the verdict as an attempt to make them whole from their loss."

EMMC lawyer, Edward Gould, said, "We recognize this was a personal tragedy for the (B.) family.  The hospital feels the doctors and the nurses all provided him with excellent care."

Phillip Coffin III, Dr. L.N.'s attorney, said that both he and his client were "very disappointed in the verdict and a bit surprised by the amount of the award, especially in certain categories of damages."

The verdict form read that the $6,711,000 awarded sum would cover four items: $11,000 for funeral and burial expenses, $1 million for (T.B.S.'S) conscious suffering before his death, $1.2 million in loss of economic support and $4.5 million for loss of companionship and emotional distress.

In an e-mail, Coffin said of the award, "The case was well tried by all parties, and the (B.'s) are genuinely nice people, who suffered a tragic loss of a husband and father.  We truly believe that the medical evidence proved that Mr. (T.B.S.) died of an unexpected and unpredictable rupture of an intercostal artery and that no test, lab or evaluation could have predicted or prevented what happened."

T.B.S. was injured in an all-terrain vehicle roll-over accident on May 6, 2005.  The incident occurred at Lakeville's Dobsy Lake.   The roll-over caused T.B.S. to suffer from broken ribs and other injuries.

According to court documents there was an indication of internal bleeding that was found on CT scans that were ordered by the physician in the emergency department.

Doctors, according to the complaint, failed to follow up on the internal bleeding indications.  X-rays to monitor the internal bleeding were not ordered, though within 36 hours of T.B.S.'s stay one of his lungs collapsed - due to the extent of the internal bleeding.

The lack of oxygen from the failed lung then caused a massive heart attack and the patient's death.

Flynn said, "(His) death may have been avoided with the placement of a chest tube for drainage of accumulating fluid.  (Mr. B's) death occurred on his 44th birthday, which was also Mother's Day, and was witnessed by his wife, children and parents who were present for a birthday-Mother's Day family celebration."

Loosing a loved one due to judgment errors made by a doctor or nurse are grounds for a lawsuit.  Contact a medical malpractice attorney from our directory to get started.

Categories: Medical Malpractice