Johnson, Mr. Sylvester
United States of America
2007 Plaintiff’s Surgery Performed
07/06/2009 Complaint Filed
12/13/2011 Stipulation and Order of Settlement Filed and Action Dismissed
US District Court for the Southern District of New York
Henry B. Pitman
01/26/2009 Decedent Misplaced at Hospital
03/15/2009 Decedent Died
03/26/2010 Complaint Filed
01/13/2012 Motion for Settlement Filed
01/17/2012 Revised Petition for Settlement Filed
01/25/2012 Decision and Order Approving Settlement Entered
US District Court for the Western District of New York
Michele A Braun
Firm Name: Lipsitz, Green, Scime & Cambria Llp
Mary K Roach
Firm Name: U.S. Attorney’s Office – Buffalo
William M. Skretny
Janet Richardson on behalf of Darryl Richardson, an incompetent adult, and U.R., a minor, and J.R., a minor v. United States of America; 2012 Jury Verdicts LEXIS 19058.
Janet Richardson on behalf of Darryl Richardson, an incompetent adult, and U.R., a minor, and J.R., a minor v. United States of America; 2012 Jury Verdicts LEXIS 19058
December 05, 2012
Topic: Medical Malpractice – Failure to Monitor – Medical Malpractice – Delayed Treatment
Judge: Fred Biery
On Jan. 26, 2010, plaintiff Darryl Richardson, 47, a security guard, was admitted to the Audie L. Murphy Veterans Affairs hospital in San Antonio and diagnosed with congestive heart failure. On Feb. 4, he experienced a cardiac arrest while using a bathroom down the hall from his room. He was resuscitated but sustained brain damage.
Richardson’s wife, on behalf of her husband and their two minor children, sued the federal government for medical malpractice. Plaintiff’s counsel argued that the bathroom floor in Richardson’s room was covered in urine, causing him to leave for the hall bathroom.
Plaintiffs’ counsel argued that Richardson’s sister, who was visiting with other family members, saw the emergency help light flashing over the bathroom door and called for help, but that it took approximately 25 minutes to locate a key to open the door and assist Richards, and another 10 minutes passed before epinephrine was administered.
The plaintiffs’ medical experts gave the opinion that the delay was the cause of Richardson’s brain damage. Plaintiffs’ counsel argued that the hospital breached the standard of care by failing to provide Richardson with a clean restroom in his room; failing to properly monitor his condition; failing to provide him with portable oxygen for ambulation; and failing to have a readily accessible bathroom key. All of these factors contributed to Richardson’s cardiac arrest and subsequent injuries, his family claimed.
Plaintiffs’ counsel argued that Richardson sustained severe permanent brain damage, resulting in serious cognitive, memory and motor control impairment. Richardson can only intermittently communicate or recognize family members. He requires assistance with basic tasks and will require 24-hour care for the remainder of his life. His family sought $4 million for future medical care and an unspecified amount for past and future pain and suffering, physical impairment and lost income.
The defense economics expert disputed the lost-wage claims. The defense life care planning expert maintained that the plaintiffs’ claims for Richardson’s future medical needs and lifespan were excessive, arguing $2 million was a more reasonable estimate of future medical costs.
Award Details: The parties settled prior to trial for $2 million.
Portland VA Medical Center supply tech gets three-year term for collecting child porn
Lance: To Dr. Robert Petzel. The Department of Veterans Affairs’ top health official, appearing at The National Press Club in Washington to tout planned tech upgrades, claimed he had a meeting, then stared straight ahead and refused to acknowledge a Trib reporter’s questions about the Pittsburgh VA Healthcare System’s deadly 2011-12 Legionnaires’ disease outbreak. The doctor’s reprehensible stonewalling speaks volumes about the VA’s arrogance, self-interest, dereliction of its sacred duty to America’s veterans and disregard for public accountability.
VA hospital failures bring senator home | Opinion | Columbus Ledger Enquirer.