A former police officer who suffered severe complications after gastric bypass surgery has received a $178 million settlement in a medical malpractice case. This settlement follows a horrific ordeal where hospital negligence and errors led to permanent disabilities, including brain damage and a loss of basic motor skills.
Key Takeaways
- $178 Million Verdict: Awarded to the victim after complications from gastric bypass surgery were mishandled, resulting in lifelong consequences.
- Hospital Negligence: The facility’s failure to diagnose and treat complications led to permanent injuries, including brain damage and bed sores.
- Punitive Damages: A significant portion of the award was granted as punitive damages to hold the hospital accountable for its actions.
What Happened During the Gastric Bypass Surgery?
The victim, a former police officer, underwent gastric bypass surgery over three years ago, hoping for a positive change in his life. Initially, the procedure appeared successful. However, soon after the surgery, complications began to develop.
The hospital’s failure to properly address these complications worsened the situation. The victim’s condition deteriorated, and by the end of the ordeal, he had suffered severe consequences, including brain damage, bed sores, and a loss of basic functions. He is now unable to walk, speak clearly, feed himself, or perform everyday tasks like bathing or cleaning.
How Did the Firm Secure a Favorable Settlement?
The firm successfully demonstrated that the anesthesiologist’s decision-making fell below the standard of care. While the defense argued that succinylcholine was appropriate for its rapid onset during emergency surgeries and claimed reassessing Mr. Mendez’s potassium levels was unnecessary, the firm proved otherwise.
The legal team established that given Mr. Mendez’s rhabdomyolysis, a condition known to cause dangerous elevations in potassium levels, the standard of care required rechecking his potassium before administering succinylcholine. The firm’s expert testimony and evidence effectively showed that this critical oversight constituted negligence, leading to a favorable settlement for Mr. Mendez and his family.
What Was the Outcome of the Case?
A $178 million verdict was returned by the jury, including punitive damages, to punish the facility for its failures. The verdict reflects the extreme costs that the victim will face for the rest of his life due to the injuries caused by the hospital’s negligence.
The victim will require around-the-clock care for basic functions, and the toll on his quality of life is permanent. The hospital is expected to appeal the decision, so it remains unclear when the victim will receive the settlement. However, the jury’s decision is a significant step in holding the facility accountable for its actions.
Why Is This Case Legally Significant?
This case underscores the critical responsibility that medical providers have to properly treat and monitor patients during and after surgery. When medical errors occur, the long-term consequences can be catastrophic. In this case, the victim’s life was permanently altered due to the hospital’s neglect.
Additionally, the case highlights the importance of punitive damages, which are awarded to punish facilities for egregious behavior and to deter future malpractice. The jury’s verdict emphasizes the need for hospitals to put patient care above profits.
Media Coverage
This case has been widely covered by 104.5 WOKV, which profiled the victim’s story and highlighted the hospital’s failures that led to the permanent injuries. The story sheds light on the inadequate care that can sometimes be provided during high-risk medical procedures, such as gastric bypass surgery.
How Can Levin & Perconti Help in Medical Malpractice Cases?
If you or a loved one has experienced harm due to medical malpractice, including errors during high-risk surgeries like gastric bypass, Levin & Perconti is here to help. With extensive experience in handling complex medical negligence cases, our Chicago medical malpractice attorneys can help you navigate the legal process and fight for the compensation you deserve.
The firm works on a contingency fee basis, meaning you don’t pay anything up front, legal fees are only collected if your case is successful. Contact Levin & Perconti today for a free consultation, and let our expert legal team help you secure justice.
