Utah Med Law

Mr. Jerome-Parks died in 2007 as the result of a computer error that directed a linear accelerator to blast his brain stem and neck with errant beams of radiation. Not once, but on three consecutive days. He was being treated for tongue cancer.

Shortly after this "error" a 32-year-old woman being treated for breast cancer absorbed 27 days of radiation overdoses.  A linear accelerator with a missing filter would burn a hole in her chest, leaving a gaping wound so painful that this mother of two young children considered suicide.

The full article reviewing these two horrible cases can be read at The New York Times - Radiation Offers New Cures, and Ways to Do Harm.

Blake is just one of an estimated 98,000 patients that die each year from preventable medical errors, with countless more seriously injured.  His story along with others can be watched as video tributes to the lives behind medical negligence on www.98000reasons.org, a website dedicated to explaining why tort law changes will not fix America’s broken health care system.

“Blake is just one of 98,000 patients that die each year from preventable medical errors, equivalent to two 737s crashing every day for an entire year,” said American Association for Justice President Anthony Tarricone.  “As tort reform is marketed as a panacea for health care reform, we know it won’t bring down skyrocketing healthcare costs or help the 98,000 patients that lose their lives every year from medical errors.  Real health care reform should put safety first, not use patients’ rights as bargaining chips.”

Here are a few stories and videos featured on www.98000reasons.org that show the impact of medical negligence on patients and their families:

• In 2007, 29-year-old Quanisha Scott underwent a partial thyroidectomy to remove a goiter at a hospital in Little Rock, Arkansas. Twelve hours later, she began to develop shortness of breath and feeling her neck tighten. Despite complaints to the nurses, her condition was not appropriately monitored or reported to a physician. She went into respiratory arrest and suffered severe brain damage. It was later discovered that she had a hematoma at the site of the surgery. She is now bed-ridden and totally dependent on her mother for care.
• Lauren Lollini of Denver, Colorado, went to a Denver hospital for kidney stone surgery in February 2009. Six weeks later, Lollini’s health began to deteriorate with feelings of exhaustion and a loss of appetite. After a week of her illness, she became jaundiced and had an inflamed liver. The doctors at an urgent care clinic diagnosed her with hepatitis C. Thirty-five other patients became infected with Hepatitis C at the hospital. A state investigation revealed that the outbreak began with a hospital staff person who had used hospital syringes and painkillers for drug use.
• In August 2007, Merlyna Adams - a school principal from La Place, Louisiana - experienced a sharp pain in her right side. The next day, her primary care doctor ordered a CT scan, which revealed that she had a 10mm kidney stone. Over the next few days, she was transferred to several different hospitals. At the fourth hospital, she remained in ICU for nearly three weeks. Her body developed sepsis, a complication caused by infection. She suffered congestive heart failure, renal failure and pulmonary failure. The restricted blood flow to her hands and feet required her to have both legs amputated below the knee and she lost both hands. She is unable to engage in everyday tasks like brushing her teeth, taking a bath, eating or using the restroom without another person. 

For more information on why tort law changes won’t fix health care, and to view real stories of medical negligence, visit www.98000reasons.org.

Elizabeth Smith, 25, broke her front tooth while playing with a child.  She went to a dental clinic, where a dentist told her she would need three upper teeth pulled and placement of a partial denture. Smith agreed to the treatment.

Robert Scott, a different dentist at the clinic, then extracted all 16 of Smith’s upper teeth.  As a result of the mistake, she requires a full upper denture, which she has been unable to obtain to her satisfaction.

Smith sued Scott and the clinic, alleging dental malpractice and failure to obtain informed consent.  She also charged that the defendants attempted to fabricate her medical record after the incident to justify the wrongful extractions.

The court directed a verdict for the plaintiff on liability.  The jury awarded $500,000 in compensatory damages, finding Scott 40 percent liable and the clinic 60 percent responsible.  The jury also awarded $1.5 million in punitive damages, finding Scott 30 percent liable and the clinic 70 percent responsible.

This case was reported in South Carolina as Smith v. Scott.

The Salt Lake Tribune reported that The Doctor's Company (TDC) remains responsible for a $1.3 million jury verdict in favor of Anthan Montgomery awarded by a Utah jury in 2002.  The law suit was filed originally in 1998.  According to the report Dr. Gregory Drezga pulled too hard with forceps during delivery causing permanent brain injury to Anthan.  Even before the medical malpractice case was filed Dr. Drezga disappeared and his whereabouts remains unknown.  TDC sought a declaration that Drezga's policy was invalid because the doctor failed to report three previous malpractice claims against him and did not cooperate in his defense. A 3rd District judge rejected the request.

A jury awarded the boy $1.25 million for pain and suffering and $1,022,735.30 in special damages for past and future medical expenses. The award was reduced by $1 million because of a state-mandated cap of $250,000 on non-economic damages.

This case shows that medical malpractice insurers will go to great lengths to avoid thier responsibility to pay for the medical malpractice perpetrated by their insured doctors.  Let's face it - medical insurance companies have a lot of money they can spend in defense of medical malpractice cases.  Sometimes they use that money to avoid paying what a Utah jury deems fair restitution.  Congratulations to the attorneys involved in fighting this long hard battle and for their perseverance and congratulations to the Utah Supreme Court.

By early 1995, the Food and Drug Administration (FDA) had received reports of 18 patients who had developed serious heart problems after taking the medication. Within 18 months, the number had risen to 57. Children were at particular risk, and federal regulators told the company it would not approve the drug for pediatric sales.

Documents from lawsuits on behalf of injured patients against Johnson & Johnson showed that the company did not conduct studies recommended by federal regulators and never published other studies that might have warned physicians of possible risks associated with the drug. Moreover, while Johnson & Johnson agreed not to market Propulsid directly for children because of their increased risk of side effects, the company did push so-called educational efforts advocating the drug’s use in pediatric patients. The educational efforts had the effect of sidestepping the agreement not to market for children. Documents would show that Johnson & Johnson knew that 90 percent of the company’s cherry-flavored liquid Propulsid went to children, even though the company claimed it was aimed at geriatric patients.

There was no medical diagnosis supporting Humana's decision, and it clearly violated the terms of the family's insurance agreement. When the Chipps’ appealed to the company, they were told that Caitlyn's speech, occupational and physical therapies would be terminated as well.

The Chipps’ exhausted their resources in an attempt to continue Caitlyn's care. Caitlyn regressed and began walking into walls. Finally the Chipps’ turned to the civil justice system for help.

The ensuing litigation uncovered widespread fraud at Humana. The insurance company had unlawfully denied coverage to more than 100 catastrophically ill and injured children in Florida in an effort to boost its bottom line. In one instance, Humana had even sent a letter to a child – not the parent – who had been in a coma for 14 years advising him that he had improved to such an extent that he no longer needed the medical case management. The insurance company was also paying bonuses to physicians and nurses based on the number of medical claims denied each month.

The jury found that Humana intentionally disregarded its insureds' health and safety, and awarded Caitlyn and her family restitution equal to the $78.5 million Humana thought it could save by cutting children’s coverage. The insurance company fought the award, and the Chipps’ later settled for $2.2 million. More importantly, Caitlyn was put back on the medical case management, and Humana’s behavior was exposed for all the world to see.

^{Sources: Stephen Van Drake, “Attorney Battles Humana, Again,” South Florida Business Journal, June 28, 2002; “5-Year Old Cerebral Palsy Victim Wins Landmark Trial Against Humana,” Ricci- Leopold Law Firm, http://www.riccilaw.com/CM/Articles/Articles69.asp; Chipps v. Humana Health Insurance Co. of Florida, Inc., No. CL 96-00423 AE (Fla., Palm Beach County Cir. Ct. Jan. 4, 2000.} 

Lisa Speckman was enjoying the good life - happily married, both had good jobs, a happy and healthy child with another on the way.  About one year later Speckman would emerge from an ordeal that cost her two legs, her right forearm, and a good portion of her intestines.  Physically she had been through hell.  Mentally she was tough as nails and is probably the only reason she survived at all.  Lisa Speckman has all of my respect.

I worked as a nurse at the University of Utah Burn Trauma Unit for about 12 years.  It is ironic that Lisa was also a nurse who worked in the ER at LDS Hospital.  I am now an attorney who practices medical malpractice in Salt Lake City.  I did not know Lisa when I was a nurse and I know nothing about her legal case.  All I know is what I have read and that is enough to tell me she is a survivor.

Lisa had a ceasarian birth at LDS Hospital and twelve days later was sent tot he University of Utah Burn Trauma Unit where her life was saved by the fantastic work of dedicated and skilled nurses and physicians.  

Lisa and her family will need every bit of money that they received through a settlement negotiated by local medical malpractice attorneys.  I am sure it was a hard-fought fight for all concerned.  Negotiated settlements are often no windfall for anyone.  They are what they are - negotiated settled for half measures that you accept fearing that if the case goes to trial the victim may receive nothing or the alleged offender may pay millions in compensation for the harms and losses the victim has endured.

The Deseret News reported this medical malpractice settlement.  The Deseret News also had a long expose that reviewed Lisa's battle with her ordeal.