MEDICAL MALPRACTICE. Hospital Negligence. $______ CONFIDENTIAL RECOVERY

• Pages: 10-11

tained that there was no globulomaxillary cyst visible

on the panorex X-ray and the defendant disputed

causation and damages. The defendant maintained

that the plaintiff suffered no damages since any ear-

lier diagnosis would not have changed the ultimate

outcome.

The matter proceeded to trial.

At the conclusion of the trial, the jury deliberated and

returned its verdict in favor of the plaintiff and against

the defendant. The jury awarded the plaintiff the sum

of $850,000 in damages.

REFERENCE

Barry vs. Hedstrom. Case no. 2010-0227; Judge Rich-

ard T. Tucker, 12-17-13.

Attorney for plaintiff: Patrick W. Morgan of Rifkin &

Morgan in Salem, MA.

Hospital Negligence

CONFIDENTIAL RECOVERY

Medical Malpractice – Hospital Negligence –

Physician Negligence – Failure to properly treat

bilateral decubitis ulcers – Wrongful death of 60-

year-old female patient.

U.S.D.C. - District of New Hampshire

In this medical malpractice matter, the plaintiff

alleged that the defendants, the hospital,

physicians and staff, failed to properly treat the

plaintiff’s decedent which resulted in the

development of bilateral decubitus ulcers on her

buttocks which were left untreated for a period of

time and subjected to fecal contamination. The

plaintiff’s decedent died as a result of the failure

to timely treat the ulcers. The defendants denied

the allegations and disputed the nature and

extent of the plaintiff’s alleged injuries and

damages.

On April 20, 2009, the 60-year-old female patient was

transferred from another local hospital to the defen-

dant’s hospital for treatment related to a stroke and

mitral valve endocarditis which required mitral valve

replacement surgery. The surgery was performed at

the defendant hospital and doctors’ orders indicated

that the patient was not to be turned due to the

placement of an innominate arterial line. From the

date of surgery on April 21st through April 24th, the

plaintiff’s decedent was not turned and remained in

the same position without any precautions for the de-

velopment of ulcers. On April 24th, the patient was

placed in a rotating/sport bed and the bilateral

decubitus ulcers were noted on her buttocks.

The wound care consultant failed to see to the pa-

tient for an additional three days. During this time, the

ulcers were also subject to fecal contamination due

to the failure to have a fecal tube properly in place.

The plaintiff’s decedent ultimately underwent surgery

for the ulcers on April 29th, more than five days after

they were discovered. At that time, it was noted that

there was necrotic skin and muscle on the buttocks.

Additional ulcers were noted on other areas of the

patient’s body.

She died from complications relating to the ulcers ap-

proximately two months after the initial ulcers were no-

ticed. The plaintiff brought suit against the defendant

hospital and its staff alleging negligence in its failure

to properly care for and treat the patient to prevent

ulcers and when the ulcers were noticed, the defen-

dants failed to take any timely action to treat the ul-

cers, resulting in significant pain and suffering and the

ultimate death of the patient. The defendants denied

the allegations and maintained that there was no de-

viation from acceptable standards of care. The

defendants also disputed causation and damages.

The parties agreed to resolve the plaintiff’s claim for a

confidential sum prior to the scheduled trial in this

matter.

REFERENCE

Vozzella vs. HCA Health Services of New Hampshire,

Inc. dba Portsmouth Regional Hospital, et al. Case

no. 1:11-cv-00175; Judge Paul J. Barbadoro, 09-27-

12.

Attorney for plaintiff: Christine M. Craig of Shaheen

& Gordon in Dover, NH. Attorney for plaintiff: G.

William Higbee of McTeague Higbee in Topsham,

ME.

10 VERDICTS BY CATEGORY

Volume 29, Issue 10, May 2014 Subscribe Now