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Disposition: (Settlement/Arbitration/Trial) Trial

Date:

8/7/1998

Type of Case:

Medical Malpractice

Allegation(s):

Overdose of heparin leading to stroke

Result:

$420,878 Judgment

Case Name:

Ferroni v. U.S.A.

Facts:
On March 6, 1996, plaintiff, a 62-year-old veteran of the United States Army, was admitted to the Veterans Administration Center for treatment of peripheral vascular disease and renal insufficiency. During his hospitalization, his prescription for Coumadin was discontinued in anticipation of diagnostic studies. When discharged from the hospital on March 26, 1996, plaintiff was put on a low-molecular weight heparin in a prescription of 90 milligrams twice daily. The Physicians' Desk Reference (PDR) indicates that a typical dose of this drug in 30 milligrams every 12 hours, and that excessive doses are known to cause hemorrhage and bleeding.

On March 26, 1996, plaintiff began to experience slurred speech. A CT scan and MRI revealed numerous hemorrhagic lesions in the left temporal region. Plaintiff was diagnosed as having suffered a hemorrhagic cerebral vascular accident (stroke), cause by over-anticoagulation.


Injury/Injuries:
Plaintiff's doctors testified that he suffered a stroke, exacerbating his other health problems and causing decreased processing speed, problems with attention, significant impairment of his visual-spatial construction ability, concentration and mental flexibility problems, memory and executive functioning problems, and difficulty functioning in any environment that is other than completely structured.

In addition, plaintiff's wife is Korean and was dependent on her husband for managing the finances and doing the household shopping. Plaintiff's wife also has difficulty in administering plaintiff's medications, as she does not speak English well.


Contentions:
The V.A. over-medicated Mr. Feroni and he suffered a stroke. His wife sued for loss of consortium. Defendant admitted liability, but disputed the nature and extent of plaintiff's injuries.

Special Notes:
This was a Federal Tort Claims Act case, and a bench trial with no jury.



   
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