Medical Error- Causes Patient’s Stroke
A 620,000 Medical Negligence Settlement was Reached
Mrs. C was in her late 70s and had significant heart failure and other medical problems. She had a pacemaker that would stimulate her heart when it started to beat too slowly. Mrs. C’s primary care doctor was responsible for inspecting the pacemaker and keeping track of how often it fired and its remaining battery life. Unfortunately, her PCP didn’t really know how to check the pacemaker properly. He assumed that the battery would last a lot longer than Mrs. C. When the battery quit working too soon, Mrs. C’s heart was allowed to beat too slowly for too long, resulting in a stroke.
The defense didn’t think much of the case, primarily because Mrs. C was already so sick and had a relatively short life expectancy. Mr. Eisen took the case to a jury, which awarded $620,000, more than enough to take care of Mrs. C for the rest of her life.
The case took an unanticipated turn when the doctor’s insurance company refused to pay, citing a possible loophole in the doctor’s insurance policy. When the doctor then refused to sue his insurance company, Mr. Eisen went bulldog: he put a lien on the doctor’s ski chalet in New Hampshire, he set up a Sheriff’s sale for the doctor’s office furniture and equipment, and he attached the doctor’s accounts receivable from health insurance companies. Those aggressive moves forced the doctor to sue his malpractice insurance company, which eventually agreed to cover the verdict.