Virginia Lawyers Weekly

This medical malpractice/wrongful death case arose out of medical care Jane Doe received at a Virginia hospital during May 2008. Plaintiff’s decedent was admitted to the defendant hospital for treatment of pancreatitis.

Her prior medical history included insulin-dependent diabetes, lupus, Crohn’s disease, acute renal failure, hypothyroidism, migraine headaches and hypertension. Decedent’s pancreatitis improved during a week-long hospital stay and the plan was for her to be discharged.

On the evening prior to her discharge, a nursing error occurred related to the administration of insulin for the decedent’s diabetes. As a result of this negligence as well as a failure to aggressively monitor the decedent throughout the evening, her glucose level was allowed to fall to 12, a critical, if not fatal value.

When the error was discovered, the decedent was in a diabetic coma. She remained on life support for the next month and was declared brain dead on June 20, 2008. Decedent died on June 30, 2008, leaving behind her husband and teenage daughter.

The defendant hospital was proactive in settlement discussions and the matter was resolved without the need for litigation. As part of the settlement, the defendant hospital agreed to write off all of decedent’s hospital bills and not to submit them for payment by any health insurer or other source.

The defendant also agreed to reimburse the estate for any expenses related to investigation and pursuit of a legal claim. A significant portion of the settlement was structured through the purchase of annuities. As a result, the decedent’s husband and daughter are expected to receive approximately $2,489,519 over the course of their lifetimes.

[09-T-078]

Type of Action: Medical malpractice
Injuries Alleged: Death
Name of Case: Confidential
Court: Confidential
Special Damages: Medical bills – $276,350; funeral expenses – $5002.96; future wage loss – $473,909.04(estimated)
Verdict or Settlement: Settlement
Amount: $1,625,000
Attorneys for Plaintiff: Jason W. Konvicka and Malcolm P. McConnell III, Richmond

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