$______ GROSS AWARD - MEDICAL MALPRACTICE - PSYCHIATRY - DEFENDANT PSYCHIATRIST PRESCRIBES EXCESSIVE OPIOIDS OVER APPROXIMATE 1 ½-YEAR PERIOD AND COMBINES WITH BENZODIAZEPINES FOR SEVERAL MONTHS DESPITE 'BLACK BOX' WARNING AGAINST COMBINING SUBSTANCES - DEATH OF 30-YEAROLD HUSBAND AND FATHER - DECEDENT FIRST PRESCRIBED OPIOIDS AFTER BEING SHOT IN LEG IN MASS SHOOTING INCIDENT.

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The jury found in favor of the plaintiff and awarded a

total of $111,251,559.22, which consisted of

$10,000,000 in past pain, disability, disfigurement,

embarrassment, and emotional distress, $493,073.22

in past medical expenses, $100,000,000 in future

pain, disability, disfigurement, embarrassment, and

emotional distress and $758,486 in future medical ex-

penses. This verdict is believed to be the highest of its

kind in Minnesota. The defendant CentraCare Health

System was dismissed without prejudice.

REFERENCE

Anuj Thapa vs. St. Cloud Orthopedic Associates. Case

no. 19-CV-02568; Judge Tony N. Leung, 05-17-22.

Attorney for plaintiff: Brandon E. Thompson of Ciresi

Conlin, LLP in Minneapolis, MN. Attorney for

defendant: Chad A. Staul of Quinlivan & Hughes, PA

in Saint Cloud, MN.

COMMENTARY

Acute compartment syndrome is a condition affecting the compart-

ments in a limb, often following a fracture or surgery. It develops

when increased tissue pressure within a compartment disrupts

blood flow to muscle and nerve cells. Acute compartment syndrome

generally sets in within a certain window of time following the

event altering compartment pressures, and it is a surgical emer-

gency. Elevated compartment pressures must be relieved promptly

with a fasciotomy, a surgical opening of the affected compartment

otherwise permanent disability and tissue death is likely to occur.

Signs of developing compartment syndrome include pain out of

proportion to the injury, pain with passive stretch of the muscles,

the feeling of full or stiff muscles, and neurological symptoms like

burning, tingling, numbness, or lack of movement, which the plain-

tiff reported shortly after the procedure. Medical records indicate

that the nursing staff had concerns about the plaintiff’s complaints,

but the defendants did not regard the nurses’ concerns.

$2,575,000 GROSS AWARD – MEDICAL MALPRACTICE – PSYCHIATRY – DEFENDANT

PSYCHIATRIST PRESCRIBES EXCESSIVE OPIOIDS OVER APPROXIMATE 1 ½-YEAR

PERIOD AND COMBINES WITH BENZODIAZEPINES FOR SEVERAL MONTHS DESPITE

“BLACK BOX” WARNING AGAINST COMBINING SUBSTANCES – DEATH OF 30-YEAR-

OLD HUSBAND AND FATHER – DECEDENT FIRST PRESCRIBED OPIOIDS AFTER BEING

SHOT IN LEG IN MASS SHOOTING INCIDENT.

Sedgwick County, KS

This medical malpractice action involved the death

of a 30-year-old decedent who left a wife and a

9-year-old son. The plaintiff contended that the

defendant psychiatrist, who was treating the

decedent for PTSD following a mass shooting

incident in which he suffered gun shot wounds to

the leg, negligently prescribed excessive dosages

of opioids for approximately one year and then

added benzodiazepines, which the decedent took

for several months before succumbing from the

use. The defendant argued that it was likely that

the decedent took his own life by taking an

overdose intentionally on the day he died.

The plaintiff countered that the autopsy reflected that

he did not take a recent amount that would reflect

suicide, but that he died as a result of long-term in-

gestion of the medications. The defendant’s expert

toxicologist agreed that there was no sign of a

suicide.

The evidence disclosed that the decedent suffered a

gun shot wound to the leg in a mass shooting inci-

dent and developed PTSD, He came under the care

of the defendant who began prescribing opioids in

August, 2016. His opioid medications were increased

regularly until October 2017 when he was switched to

Oxycodone, a much stronger opioid. At that time, he

was also prescribed a second benzodiazepine. He

had previously been prescribed a weaker benzodiaz-

epine (lorazepam) in January 2017, but a second

stronger one (clonazepam) was stacked on top of it

in fall 2017. He continued taking the prescriptions until

accidentally overdosing and dying on December 10,

2017.

The plaintiff asserted that the defendant clearly

breached the standard of care by prescribing the

opioids for too long and at too high a dosage. The

plaintiff also maintained that defendant deviated in

combining the benzodiazepines with the opioids,

stressing the existence of a “black box” warning

against combining the drugs. The plaintiff asserted

that the year and a half of addiction caused pain

and suffering. The plaintiff argued to the jury, in very

conservative county, that although the decedent

may have borne some responsibility, it paled when

compared to the defendant.

The decedent left a wife and a young son. The plain-

tiff made a claim for economic damages stemming

from the loss of guidance, advice and tutelage. The

plaintiff also contended that the non-economic

damages of grief and loss were extensive.

The jury found the defendants 55% negligent, the de-

cedent 45% negligent and rendered a gross award

of $2,575,000, including $200,000 to the estate for

pain suffering, $1,975,000 to the wrongful death ben-

eficiaries for economic damages and $400,000 to

the wrongful death beneficiaries for non-economic

damages.

REFERENCE

Moon vs. Steelberg, et al. Case no. 2019 CV 2503;

Judge Eric Comer, 04-15-22.

4 SUMMARIES WITH TRIAL ANALYSIS

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