Veteran suffers brain hemorrhage after delayed diagnosis — $1.1M settlement

Type of action: Personal injury, Federal Tort Claims Act

Injuries alleged: Brain hemorrhage with permanent cognitive and physical deficits

Court: U.S. District Court for the Western District of Virginia, Roanoke Division

Tried before: Mediation

Name of judge or mediator: Chief Judge Michael F. Urbanski

Date resolved: 8/16/2023

Special damages: Past medical expenses of $467,682.35; life care/rehabilitation of $1.8 million; past lost wages of $57,188.68; future lost wages of $958,834

Verdict or settlement: Settlement

Amount: $1,100,000

Attorneys for plaintiff: Anthony M. “Tony” Russell, Roanoke; Les S. Bowers, Charlottesville; and Paul R. Thomson III, Roanoke

Description of case: Veteran presented to the Salem VAMC Emergency Department on Dec. 5, 2020, with the worst headache of his life and no neurological deficits. The emergency room physician diagnosed him with migraine and neck pain, did not perform any head imaging and discharged him home.

Veteran presented again the very next day to the Salem VAMC Emergency Department with the worst headache of his life in a hypertensive crisis and some new neurologic deficits. The emergency room physician diagnosed him with migraine and neck pain, did not perform any head imaging and discharged him home.

The very next day, veteran was transported by EMS to LewisGale Medical Center with progressive neurologic deficits, and a head CT scan was performed showing a 7.5 cm brain hemorrhage with mass effect and midline shift. Thereafter, he was admitted and treated for his brain hemorrhage, which did not require surgery. Veteran suffered permanent cognitive and physical deficits from his brain hemorrhage.

Veteran pursued a malpractice claim under the Federal Tort Claims Act. The United States of America denied his notice of claim, so he thereafter filed suit. Veteran stated that the emergency room physicians at the Salem VAMC committed malpractice by not ordering a head CT scan which would have revealed a small bleed in his brain and treatment would have involved admission for close monitoring and strict blood pressure control, which would have avoided his outcome. United States argued that the emergency room physicians complied with the standard of care and that plaintiff would have had the same outcome even if a head CT scan had been performed earlier.

Judge Thomas T. Cullen referred the matter to Chief Judge Michael F. Urbanski to mediate. Mediation was unsuccessful as the local assistant United States attorneys only have up to $1 million in authority. Judge Urbanski persisted after the unsuccessful mediation and the United States went up the chain of authority to the Office of the Assistant Attorney General to get $1.1 million in authority.

Anthony M. “Tony” Russell, counsel for the plaintiff, provided case information.

[023-T-156]