Jury returns defense verdicts in $10M medical malpractice matter — Defense verdict

Type of action: Medical malpractice; wrongful death

Injuries alleged: Death

Court: Petersburg Circuit Court

Tried before: Judge

Name of judge or mediator: Judge Dennis M. Martin

Date resolved: 10/6/2021

Demand: $10,000,000

Verdict or settlement: Verdict

Amount: Defense verdict

Attorneys for defendant (and city): Jodi Simopoulos, Richmond; Byron Mitchell, Alexandria

Description of case: Plaintiff sued defendant overnight hospitalist, or nocturnist, as well as the daytime hospitalist and the on-call nephrologist. Plaintiff alleged all of these providers failed to timely institute dialysis for metformin induced lactic acidosis. Defendant nocturnist was providing overnight coverage for her colleague, who had admitted the patient with acute renal failure, severe hyperkalemia, dehydration, UTI and metabolic acidosis. The admitting hospitalist had already consulted the nephrologist. He had not seen the patient by the end of the day. When the patient’s blood pressure dropped and her pH returned as critically low, the nocturnist transferred the patient to the ICU and instituted numerous treatments including vasopressors, kayexalate, sodium bicarbonate and sepsis protocols. She reached out to the consulting nephrologist to update him on the patient’s condition and lab results. He declined to come see the patient or dialyze her, instead ordering more sodium bicarbonate. The next morning, the nephrologist evaluated the patient and again ordered more sodium bicarbonate. He later ordered continuous renal replacement therapy, but the patient coded on the way back from having a dialysis catheter placed. The nephrologist contended he had not received the calls from the admitting hospitalist or the nocturnist. The parties offered evidence of his telephone records and nursing communication notes to establish that he had, in fact, been consulted. The jury returned a defense verdict in favor of the nocturnist and hospitalist. The jury returned a verdict of $10,000,000 against the nephrologist.