A Jefferson Parish jury has awarded a Webster Parish woman $24.2 million in damages in a medical malpractice lawsuit. Jurors sided with the woman in finding that her toddler was left with irreversible brain damage after an infusion pump malfunctioned during his surgery at Ochsner Clinic Foundation seven years ago.
Tyronglia Willis, of Springhill, sued Ochsner and the pump manufacturers in 24th Judicial District Court in Gretna on behalf of her son, Ty’Kevion Kidd, who was 3 when he underwent surgery in March 2005 at the Jefferson Highway hospital to correct a congenital heart defect.
The pump, manufactured by Abbott Laboratories and Hospira Inc., which spun off from Abbott in 2004, failed and delivered epinephrine, an adrenalin drug, into the child’s body, triggering cardiac arrest, Willis’ attorneys Joseph Kott and James Klick said in court records. Kott did not return a call for comment Monday.
The child, who is now 9 years old, was examined in court in front of the jury. He deserves $20 million for future medical expenses, the jury decided. Jurors deliberated about an hour before delivering their verdict, capping a weeklong trial in Judge Steve Windhorst’s court.
The jury did not hear that Abbott and Hospira settled for an undisclosed sum and were dismissed from the case in May. As such, its attorneys did not participate in last week’s trial. Jurors found the companies are responsible for 65 percent of the damages – meaning they would have been responsible for $15.7 million.
The settlement is confidential, so it is unclear whether the amount is more or less than the jury’s verdict. Jurors found Abbott and Hospira failed to meet the warranty provision of their contract with Ochsner.
Ochsner, which was the original defendant in the case, admitted liability in 2007 and paid the $100,000 cap spelled out in state law, triggering involvement of the Louisiana Patients Compensation Fund, a state-administered malpractice fund. The jury decided the compensation fund should bear 35 percent of the award, about $8.5 million.
The compensation fund’s board is “contemplating an appeal,” said Jacqueline Griffith of the Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes firm in Metairie, which represents the state in the case.
“Abbott/Hospira was found responsible for having the unreasonably dangerous infusion pump,” under the Louisiana products liability law, Griffith said.
Tareta Adams, spokeswoman for the Illinois-based Hospira, said Monday infusion pumps are designed to be safe. “Our sympathies certainly go out to Ty’Kevion and his family,” she said.
Bruce Cranner, the local attorney for the companies, declined to comment Monday.
Jurors did not lay fault with Richard Breland, the Hospira service representative, who also was dismissed as a defendant before the trial as part of the settlement.
-Via The Times-Picayune
21 March 2013
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