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  1. #1
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    Jan 2011
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    Question 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!!!!

  2. #2
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    Default Re: Anesthesia Awareness Award

    Sure it's possible.

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

  3. #3
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    Default Re: Anesthesia Awareness Award

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

  4. #4
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    Default Re: Anesthesia Awareness Award

    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....

  5. #5
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    Default Re: Anesthesia Awareness Award

    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!!!!!

  6. #6
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    Default Re: Anesthesia Awareness Award

    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.

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