$6.2 Million Verdict in Medical Malpractice Case Against VA

CHICAGO – CHICAGO – A U.S. Magistrate Judge has awarded $6.2 million in damages to a 61 year-old man left permanently disabled following a procedure at the Hines Veterans Administration Medical Center.

The client was a patient at Hines in May, 2015, scheduled for cardiac bypass surgery. Just before the scheduled operation was to begin, two VA doctors inserted a “central line” catheter into his internal jugular vein, penetrating the rear wall of the vein and perforating the wall of his right vertebral artery. Due to the injury to the artery, hospital staff postponed his surgery for a week. Following the procedures performed to repair the perforated artery and the postponed bypass surgery, he was left with severe and permanent cognitive injuries, which have caused him to require round-the-clock care and virtually destroyed the quality of life he’d hoped to enjoy in his early years of retirement.

Levin & Perconti attorneys AJ Thut and Daniel Goldfaden brought suit on behalf of the patient and, in a bench trial held before US Magistrate Judge Gabriel A. Fuentes in January, argued that the two doctors involved in the catheterization procedure – one a resident on her first day of the job and the other tasked with supervising her – had failed to meet the standard of care for preparing him for surgery, setting in motion the cascade of events that led to his present disability.

In their brief seeking an award of damages for the injured party, the attorneys sought payment of his past and future medical expenses, along with compensation for both his “past and future disability/loss of a normal life” and his “pain, suffering, and emotional distress.”

In a passage quoted by the Judge in his ruling, they noted, “Since May 2015, there is not a single pleasurable or unpleasurable aspect of life that [the client] has been able to pursue or experience. He cannot have a normal relationship with anyone, he cannot socialize with anyone. He cannot date, he cannot form a relationship with a significant other, and he cannot experience the joys, feelings, and physical and emotional connections that two people share in their golden years. He cannot go out to a restaurant, he cannot attend parties with family and friends, and he cannot pursue normal hobbies like lifting weights or physical fitness. He should have been able to do all of these things, and then some, during his retirement.”

"The Court's verdict is bittersweet," said Partner AJ Thut of Levin & Perconti. "It will not fix our client's life-altering injuries and it will not restore his ability to care for himself, think for himself or communicate with others. He deserved to live his remaining years of life on his terms, and those freedoms were taken away from him. While his injuries cannot be undone, we are proud that the Court recognized how valuable those freedoms are."

Attorney Daniel Goldfaden emphasized that their client deserved better after serving his country. “He was a veteran, and he made an agreement with the government that he would receive quality medical care in exchange for his service,” he said. “The government didn’t honor that agreement and our hope is that this verdict encourages improvements in the quality of veteran healthcare across the country.”

In making their decision, previous Levin & Perconti verdicts were referenced. “A remarkable thing about the Court’s conclusion is that in using cases for comparison to this one and past verdicts, the Court used two previous Levin & Perconti cases that were successfully tried,” said Partner Margaret Battersby Black. The Court acknowledged that the firm’s verdicts in the previous cases were high, but still found them a meaningful comparator.

Levin & Perconti is a nationally renowned law firm concentrating in all types of personal injury, medical malpractice, and wrongful death litigation. The lawyers at Levin & Perconti are committed to protecting and vindicating the rights of people who are injured by the negligence of others. Please contact the firm at (312) 332-2872 or visit www.levinperconti.com for more information.

Margaret, Daisy and Bryan. This magnificent cohesive team led by Margaret represented us for my mom's nursing home wrongful death case. They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team. Kathy and Ron
Mr. Levin, Mr. Perconti and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us. W.R., Medical Malpractice Client
Our deepest appreciation to the law firm of Levin & Perconti, and in particular to Margaret Battersby Black, in the handling of the lawsuit we field n behalf of our sister who sustained life-threatening injuries as a nursing home resident. Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true. D.G., Nursing Home Client
I want to send my heartfelt thanks to John Perconti and the Levin & Perconti staff in taking our case. Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf. M.R.Z., nursing home client
Mr. Levin, Mr. Perconti, and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude. W.R., medical malpractice client