The Most Infamous Medical Malpractice Cases of the 2000s

medical malpractice cases
January 15, 2021 Brent 0 Comments

As a medical malpractice lawyer, it is part of my job to keep a pulse on the industry. Every case is different, presenting various challenges and opportunities, and learning other attorneys’ tactics is beneficial to my work. Many of these cases have resulted in significant settlements or verdicts. In the past two decades alone, billions of dollars have been awarded to deserving plaintiffs who experienced negligence from healthcare professionals they thought they could trust. Here, I have rounded up some of the most intriguing medical malpractice cases of the 2000s.

The misdiagnosis that led to brain damage.

What happened: Allan Navarro was rushed to the emergency room in Florida after experiencing what looked like symptoms of a stroke. He let nurses know there was a history of strokes in his family, but doctors concluded he was suffering from sinusitis. They gave him painkillers — and the next day, his brain swelled to the point he needed surgery to relieve the pressure. Unfortunately, the damage to his brain had already occurred and was irreversible. He spent three months in a coma and is currently a quadriplegic with cognitive disabilities.

The medical malpractice case: His attorneys sued the hospital, medical group and physicians, who provided the care to him, and after a three-week trial, he was awarded a personal injury settlement of $216.7 million. Of that, $100.1 million was in punitive damages.

The cardiac arrest that should have never happened.

What happened: Beloved comedian and Fashion Police host Joan Rivers underwent a relatively routine endoscopy on August 28, 2014. Sadly, after doctors performed an unauthorized biopsy on her throat during that procedure, the comedian went into cardiac arrest and then died several days later.

The medical malpractice case: Her daughter Melissa Rivers filed a suit in 2015 against the doctors and clinic, alleging that, among other things, unauthorized medical procedures were performed and clinic protocols were violated. More specifically, before completing the scheduled endoscopy — and despite questions of propriety raised by the anesthesiologist — one of the physicians performed a transnasal laryngoscopy without consent. By the time the endoscopy was finally started, the comedian’s blood pressure, pulse and oxygen levels had dropped dangerously low. Unfortunately, according to the lawsuit, the providers did not realize that Rivers had developed an obstructed airway following the unauthorized procedure. Instead, cell phone photos were taken of Rivers under anesthesia. The providers finally took note of Rivers’ deteriorating vital signs; however, she went into cardiac arrest and their attempts to revive her failed. Several minutes later, 911 was called, and Rivers was taken to a local hospital where she was placed on life support. She died seven days later. The parties agreed to a settlement at an undisclosed amount to avoid litigation. “In accepting this settlement, I am able to put the legal aspects of my mother’s death behind me and ensure that those culpable for her death have accepted responsibility for their actions quickly and without equivocation,” Melissa Rivers wrote.

The wrong screws that weren’t removed fast enough.

What happened: In 2010, child Faith DeGrand was admitted into the Children’s Hospital of Detroit for scheduled scoliosis surgery. The way the surgeon inserted the necessary rods and screws, he compressed her spinal cord, which resulted in numbness and weakness in her extremities. Though you would expect the surgeon to address the complications, the providers waited ten days before ultimately removing the hardware. Unfortunately, the damage was already done. DeGrand, 10-years-old, was left with quadriparesis and no control over her bowel or bladder.

The medical malpractice case: While the attorneys for the children’s hospital claimed a blood clot caused her permanent injuries, the jury awarded $135 in damages following a two-and-half-hour deliberation. Though it might seem like a large sum for a medical malpractice verdict, her lawyers put it in perspective: “She’ll have enough money to get her catheter changed for the rest of her life. That’s it.”

The doctors who botched an organ transplant.

What happened: Seventeen-year-old Jesica Santillan was scheduled for a heart-lung transplant at Duke University Hospital. A miscommunication between Jesica’s surgeon, Dr. Jaggers, and the organ transplant coordinating agency ultimately led to Jesica’s death. It wasn’t until the surgery was nearly complete that Dr. Jaggers realized that the newly-transplanted organs came from someone who had a different blood type than Jesica. In the following days, the Duke team tried their best to treat Jesica, even reaching out to United Network for Organ Sharing to alert them that Jesica was in dire need of another transplant. Remarkably, just 13 days later, Jesica received a second transplant, but unfortunately, it was too late. She died two days after her second transplant.

The medical malpractice case: Jesica’s parents sued Duke University Health System and reached a settlement at an undisclosed amount. Duke issued a closing statement “Duke University Health System, and the family of Jesica Santillan has reached a settlement. We believe the agreement the court has approved is fair and equitable for both the Santillan family and for Duke.” They went on to say, in part: “Duke University Health System has established additional patient-safety programs to ensure that the procedural errors that occurred in this case cannot be repeated. Equally important, the safety of the nation’s organ transplant system has been significantly strengthened.”

The mom of two who didn’t actually have cancer.

What happened: Like most parents, Kim Tutt would do anything for her children, including having a surgery that would cause permanent disfigurement if it meant more months to live. At the age of 34, doctors in Texas told Tutt she had jaw cancer and was given three to six months to live. They recommended an invasive, radical surgery that could give her a few more months with her two children: a 10- and 12-year-old.

They would need to cut the left side of her chin all the way to behind her right ear and replace it was a fibula from her leg. The decision, Tutt shared, was an easy one since she wanted as much time with her family. A few months later, however, her doctor shared they had both good and bad news. There was suspected cross-contamination at the pathology lab, and she never had cancer. She would live, but now she would have a disfigurement for the rest of her life. She had five surgeries, is missing nine teeth, and cannot chew easily.

The medical malpractice case: She filed a lawsuit against the pathologist, and it was settled for a confidential amount. Tutt shared with the New York Times the impact this experience had on her and her children’s lives: “Money will not change what my family has been through. People who have cancer are cured. But I’m not a walking miracle. I’m a survivor of medical malpractice.”

The guy who left the surgery with a 13-inch surgical tool in his body.

What happened: During a surgery to remove a malignant tumor, Donald Church left with more than he bargained for — an extra 13 inches of metal. A malleable retractor, a ruler-sized metal device placed beneath the wound being closed at the end of the operation to protect underlying organs from the long suturing needle, was left in his body.

The medical malpractice case: Although the 49-year-old did not suffer any permanent damage from the wrongful incident, he still sued the University of Washington Medical Center for malpractice. He was later awarded $97,000 in a settlement from the University of Washington Medical Center. More importantly, he also changed the way the University of Washington handled all surgeries going forward. Along with counting surgical sponges and suturing needles both entering and leaving the surgical opening, they must now count surgical instruments … like the one that was left in Church’s body.

The Most Infamous Medical Malpractice Cases of the 2000s was last modified: January 26th, 2021 by Brent