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Pennsylvania: $5,442,000 Award For Failure To Treat Ruptured Spleen
On November 11, 1994, a jury in Philadelphia County, Pennsylvania, awarded
$5,442,000 to a prisoner whose ruptured spleen went untreated.
On March 4, 1987, while imprisoned at the Philadelphia House of Detention,
plaintiff, 37, suffered a fall at the prison injuring his left shoulder,
cervical spine, and back. Plaintiff was taken to the hospital at
approximately 4:30 a.m. and was seen by a resident. The resident ordered x-
rays and a urinalysis, but plaintiff was unable to urinate. At 6:15 a.m.
plaintiff was discharged; however, plaintiff allegedly began to vomit a
bloody substance and refused to return to the jail. Plaintiff contended
that he waited nearly three more hours before being examined by another
resident.
At 11:45 a.m. the first surgeon was notified of plaintiff's suspected
ruptured spleen. A second surgeon was allegedly informed of plaintiff's
admission to the hospital at 4:00 p.m. At approximately 7:30 p.m. the two
surgeons performed a splenectomy and exploratory laparotomy. The surgery
was completed at 9:15 p.m. Before and during surgery plaintiff lost
approximately 80% of his blood supply. At approximately 10:30 p.m.
plaintiff suffered a heart attack. For at least 8 minutes, plaintiff's
experts testified, plaintiff suffered an anoxic event which led to
permanent brain damage.
Plaintiff sued the hospital and the two surgeons claiming numerous
deviations from the standard of care. Plaintiff's experts claimed that
plaintiff suffered renal failure, abdominal abscesses that required
multiple surgeries, post-traumatic stress disorder, anxiety, depression,
insomnia, organic brain damage, and partial seizure disorder.
Plaintiff's experts, all from Philadelphia, were Robert McNamara,
M.D. (emergency medicine); Raymond E. Silk, M.D. (general surgery); and
Clancy D. Mckenzie, M.D. (psychiatry).
The jury awarded plaintiff $5,442,000. Of note, the jury found that the
surgeons acted negligently, but held that their negligence did not
substantially contribute to plaintiff's injuries. Instead, the hospital
was found to be 100% liable.
Plaintiff was represented by David Cohen and Robert J. Pollan. of the
Philadelphia law firm Manchel, Lundy & Lessin. See: Sanders v. Medical
Center, Philadelphia County, (court unknown), Case No. 8806-1010 and 8904-
724.
Source: National Jury Verdict Review & Analysis
$5,442,000 to a prisoner whose ruptured spleen went untreated.
On March 4, 1987, while imprisoned at the Philadelphia House of Detention,
plaintiff, 37, suffered a fall at the prison injuring his left shoulder,
cervical spine, and back. Plaintiff was taken to the hospital at
approximately 4:30 a.m. and was seen by a resident. The resident ordered x-
rays and a urinalysis, but plaintiff was unable to urinate. At 6:15 a.m.
plaintiff was discharged; however, plaintiff allegedly began to vomit a
bloody substance and refused to return to the jail. Plaintiff contended
that he waited nearly three more hours before being examined by another
resident.
At 11:45 a.m. the first surgeon was notified of plaintiff's suspected
ruptured spleen. A second surgeon was allegedly informed of plaintiff's
admission to the hospital at 4:00 p.m. At approximately 7:30 p.m. the two
surgeons performed a splenectomy and exploratory laparotomy. The surgery
was completed at 9:15 p.m. Before and during surgery plaintiff lost
approximately 80% of his blood supply. At approximately 10:30 p.m.
plaintiff suffered a heart attack. For at least 8 minutes, plaintiff's
experts testified, plaintiff suffered an anoxic event which led to
permanent brain damage.
Plaintiff sued the hospital and the two surgeons claiming numerous
deviations from the standard of care. Plaintiff's experts claimed that
plaintiff suffered renal failure, abdominal abscesses that required
multiple surgeries, post-traumatic stress disorder, anxiety, depression,
insomnia, organic brain damage, and partial seizure disorder.
Plaintiff's experts, all from Philadelphia, were Robert McNamara,
M.D. (emergency medicine); Raymond E. Silk, M.D. (general surgery); and
Clancy D. Mckenzie, M.D. (psychiatry).
The jury awarded plaintiff $5,442,000. Of note, the jury found that the
surgeons acted negligently, but held that their negligence did not
substantially contribute to plaintiff's injuries. Instead, the hospital
was found to be 100% liable.
Plaintiff was represented by David Cohen and Robert J. Pollan. of the
Philadelphia law firm Manchel, Lundy & Lessin. See: Sanders v. Medical
Center, Philadelphia County, (court unknown), Case No. 8806-1010 and 8904-
724.
Source: National Jury Verdict Review & Analysis
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Related legal case
Sanders v. Medical Center
| Year | 1994 |
|---|---|
| Cite | Philadelphia County, (court unknown), Case No. 880 |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 5,442,000.00 |
| Injunction Status | N/A |