Anesthesia Awareness Damages Award

My question involves medical malpractice in the state of: Massachusetts

Is it possible to receive a settlement of $163 million over a medical malpractice suit? The doctor, hospital and nurse were all sued.

I am researching this for a friend who has met someone that says she is waiting for her settlement to come thru. Personally I think she is completely whacko, but he really believes her. I may be wrong so seeking your opinion.

She claims she woke up from surgery without anyone in the room... now has nerve damage and says she suffers from MS. Either way, she continues to live unassisted, works, drives, etc.

Has anyone heard of such a huge award in any malpractice suit... especially one that hasn't ended in death or at least leaving someone in a vegetative state?

Thanks so very much!!!!

Sure it's possible.

Without knowing the details of the case however, it's impossible to guess at the truth.

Really? ...even if she still lives a reasonably healthy and fulfilling life?

No, I just made that up because I have nothing better to do.

YES, REALLY. :)

MA does have a cap of $500,000 unless there is significant damage...unfortunately one cannot rely upon that because 'significant damage' is subjective and the burden is often met.

Incidentally, just because the person is working, etc., doesn't mean that there aren't other significant damages....google "loss of consortium".

However, people also lie their backsides off in order to impress others, gain attention, everything. If your friend is doubtful, perhaps he should trust his instincts.

Personally, I'd be extremely wary of someone who made such a claim only a short time after I'd met them...know what I mean?

I'd also be asking questions....

lol... I was just awe struck as in searching the internet I have yet to see an award over $20 million!!

I just can't fathom why a patient would be left unassisted in an operating room - during surgery and under anesthesia. The surgery was in 1995 and still needs further surgery to encase the damaged nerves in her back. Her settlement was awarded in June yet still lives in an apartment and works a $10/hour data entry job.

I'm with yah on the crazy side... she is trying to keep a pretty damn good man, good job, handsome, etc and has admitted to having trust issues. lol Well most people I know with trust issues also lie themselves!

He told me that her attorneys deposited a draft on Wednesday for an unspecified amount then told him it would take 7-10 days to clear. I was in financial planning for years and told hiim she was out of his mind but I do believe he is in this with his eyes wide open!!

Let me know if there is any extra info you'd have after reading my first full paragraph above.

Thanks so much again!!!!!

Now I'm terribly dubious.

Surgery was 1995? Ask her when she filed suit....because there is a SOL involved ;)

I found this one very quickly. We must also bear in mind that the initial award is often NOT what the plaintiff actually receives, but that aside, what she's claiming is terrifically high even for a sympathetic jury.

I honestly doubt that she's telling the truth. She's alive, for one thing, and as you've found the highest damages are awarded in cases where the victim is actually dead. Secondly, the vast majority of med-mal suits settle out of court - and there is no way in Hades that those individuals would settle for $163 million.

Thirdly, an award that large would absolutely gain media attention. How come nobody has heard about this?

And finally - after a little bit more research - I found this one

So - I find it incredulous and extremely unlikely that a fit, working adult would be awarded $163m .

Given the limited information, anyway.

thanks yet again!! Maybe your responses will knock some sense into him!!!

Sincerely,
Jaime

216.7 million dollar award

http://blogs.wsj.com/law/2006/10/04/...rd-in-florida/

and it is only the third largest ever in the US so yes, it is possible to have a $163M award.

Now, whether your friends friend has won such an award is something he will have to determine.

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She claims she woke up from surgery without anyone in the room... now has nerve damage and says she suffers from MS. Either way, she continues to live unassisted, works, drives, etc.

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the funny thing; the one person in particular, the main person that would be sued you have not mentioned.
Can't think of anything the doctors could have done to cause MS.

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He told me that her attorneys deposited a draft on Wednesday for an unspecified amount then told him it would take 7-10 days to clear

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that's real simple to prove. Many banks have online access or if nothing else, she can get a copy of her account transactions. She would have all sorts of paperwork available to her that would support her claim.

I would be highly suspicious of the claim.

Navarro settled for less on appeal (though I can't find by how much - forgive me!)

here


But yeap - Imma think she's trying to pull a fast one here!

And yes - I did miss the MS part. I focused on the nerve damage (which could lead to severe long term ramifications). MS is NOT caused by what has been described here.

No way, no how.

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Quoting Dogmatique

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Navarro settled for less on appeal (though I can't find by how much - forgive me!)

here


But yeap - Imma think she's trying to pull a fast one here!

And yes - I did miss the MS part. I focused on the nerve damage (which could lead to severe long term ramifications). MS is NOT caused by what has been described here.

No way, no how.

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if he settled, you will probably never find out how much it was for. A settlement is outside of court and as a result, it can be kept private, just like the Stella Liebeck v. McDonalds situation. There is no public record of the final settlement because it was a privately negotiated settlement.

keep the replies coming!! Any questions of me?

I do not know of any pre-existing conditions she may have had before the surgery.

Would it take 15 years to settle?

What type of event would leave a surgical patient, under anesthesia, alone in an operating room without anyone present?

Could he be refering to MH "Malignant Hyperthermia" and not the MS?

Does anyone have a guess as to what a reasonable amount wud be awarded?

This is becoming very interesting!!!

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Would it take 15 years to settle?

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that would be an extreme length of time but it would be possible to take that long. Unusual but possible.

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What type of event would leave a surgical patient, under anesthesia, alone in an operating room without anyone present?

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a gunman forced them all to leave? Patients are not left totally alone in an operating room while under anesthesia. On top of everything else, I don't know if you have ever been anesthetized but understanding your surroundings is generally not high on the list of abilities at the time. There may be times there is nobody at your immediate side but being totally alone in the room sounds more like a dream.

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Could he be refering to MH "Malignant Hyperthermia" and not the MS?

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I don't know. You said MS. When you say MS most people think of multiple sclerosis. If you meant malignant hypothermia, maybe you should have said that.

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Does anyone have a guess as to what a reasonable amount wud be awarded?

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we don't even know what the problems are. On top of that, awards are not determined all that logically so you have a very difficult time putting a price tag on something like this.

thanks! I've had several surgeries myself which made me think of the "at gun point", also. He says she acquired MS from it... but in my own research of the situation I did read about the malignant hypothermia. I just wonder if that is what she was referring to instead of the MS and that he just interpreted it wrong.

Truly, if this is a real scenario your friend may want to come and register himself.

That is a great idea, Dogmatique! I might just send your Victor Hugo quote to him! Then again... lol

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=mom2libbylu;485675]thanks! I've had several surgeries myself which made me think of the "at gun point", also.

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I would love to hear this woman's story first hand. There are so many questions that need to be asked.

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He says she acquired MS from it... but in my own research of the situation I did read about the malignant hypothermia. I just wonder if that is what she was referring to instead of the MS and that he just interpreted it wrong.

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that is something you will have to address with your friend.

I suspect this person is either delusional or simply tells a good tale. In either case, your friend should be skeptical of the claim. It is so extreme, while not impossible, it is highly unlikely.

all in all, we are just trying to come up with some credible information to help get him out of the relationship. We shall see what happens when this so called draft clears within 7-10 days. I truly hope that things aren't as untruthful as they seem - for my friend's sake - but things don't look good.

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Quoting mom2libbylu

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all in all, we are just trying to come up with some credible information to help get him out of the relationship. d.

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maybe he doesn't want out of the relationship.

Just looked at this thread.

There is no way that anyone would settle for 163 million. Doctors, etc. have insurance which hire very experienced lawyers and these days the insurance company's will fight to the death.

A settlement is usually confidential but nobody would settle for an absurd amount like that. She could be dead and the family wouldn't get even one percent of that. The doctors could have dissected an entire family and wouldn't have to pay that much.

Any such jury award would be reduced by the trial judge and would certainly be appealed and reduced by the appeals court. It would also be big news in the area.

If she is functional and moving around without a chair, there simply is no way on earth.

Many of the big awards are reduced on appeal or thrown out altogether like the tobacco one here in Florida.

If she had even ten percent of that she would not be working a ten buck an hour job.

Total nonsense.

We hear about 10 million awards in copyright, libel and so forth from time to time, but those are all defaults and there is no chance of ever recovering much on those judgments.

I don't understand why you want this guy out of a relationship with that woman. Who is this guy to you?

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Quoting Who'sThatGuy

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I don't understand why you want this guy out of a relationship with that woman. Who is this guy to you?

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I'll take "Victim of unrequited love" for $500, Alex. ;)

he's actually my dear friend and also my brother...

I hope this woman really gets the large award and takes her man far, far away from all the jealousy...

it's not jealously in one little bit... I, actually we meaning all his siblings, just want him to be happy and the games that she has put him thru are ridiculous. This has been going on for months and we just want him to see this for what it is... and not get his heart hurt by a woman that is hard to keep him at bay. I will keep you all abreast of what the outcome is, if you keep the thread open.

The thread will stay open and please let us know what the outcome is.

But you and the rest of the family should really stay out of your brothers business, especially his love life. You could tell your brother till your blue in the face bad things about this girl and he isn't going to listen to you (I at least hope not).

My wife has 4 sisters and 1 brother, he just turned 21 and just got into his first relationship. All 5 of his sisters knock his new girlfriend and tell him that she is no good for him. He tells them "who are you to tell me who I should go with." He really can't stand how his sisters try to get involved with his relationship, but his sisters think there doing him good when he really hates what they are doing. The sisters even try to set him up with girls that they know and he really wants the girl that he is with now. Unless your brother is severely retarded I would let him experience life on his own.

Please don't read into this as us being some nagging, controlling family as we are not. We just want to have educated answers for him when he comes to us with his questions and concerns. If he wants to be with her we all just hope and pray that she keeps him happy. In reading thru the threads, I can see where your opinions of it are taking you. lol But seriously, that is not the case. We are a very loving and trusting family and again - just want to see him happy, k? So don't judge us by reading into our words. We will keep you updated with the outcome.

My wife's family is very close together too. Geez, three of the sisters (39, 25 and 20) are still living at home with mom and dad as well as with the brother who is 21. The sisters nag him so much about his girlfriend that he is looking for his own apartment as I type this. His sisters love him but he doesn't want them to rule his life and tell him who he shouldn't be with.

Sounds like a little what your going though, if so remember that you can also ruin your relationship with your brother.

Good luck and keep us posted if she gets the Mega Millions or not.

well, here I am, 47 years old and feel like a high school girl full of gossip!!! You've seen us thru the last few days of this drama and I feel the need to fill you in for sure! But first thank you for all your input! We were always in the background while supporting him, but made sure that we took one more step back and didn't influence his decisions after reading some of your posts!

But the truth has come out and she is definitely 'out there'. He returned home tonight and filled us in on all the details. Yes, she was awarded a settlement but it was only $1.63 mil back in 1996. She doesn't have MS but does have the nerve damage. But the money is gone now and she can no longer afford the nerve encasement operation. He always wondered why she was on medicare and received food stamps! But she and her exhusband were quite frivilous and then her exhusband screwed her out of the rest. She has next to nothing leaving her with the extreme trust issues... there lies her delusionment. She has disappeared on him quite a few times come to find out she was out on drinking binges. He has been dry for several years and that was her way of "gettin her drink on". He is very hurt, confused and dazed but all in all is a strong man that will in time recover from this also.

Again, thanks for your thoughts, prayers, concerns, advise, etc etc... Keep on giving your advice as I know others depend on it as well!!

thanks for the follow up.