After hearing conflicting evidence the jury awarded the patient $217,334 from the oncologist's medical practice group, legally responsible as the employer of the nurse who administered a Taxol chemo treatment which infiltrated the patient's arm causing serious complications.
The Court of Appeals of Mississippi upheld the jury's verdict.
The patient's nursing expert had no experience with Taxol and was not certified in chemotherapy but had seen IV infiltrations and extravasations before.
The medical center's nursing expert was a certified chemo nurse. Her opinion was it was a hypersensitivity reaction.
The court pointed to testimony from a family member that the patient's nurse ignored obvious signs he reported to the nurse that something was wrong and instead of directly checking on him at least every fifteen minutes the nurse just left him sitting in a spot where...