Unusual $3.5M Medical Malpractice Award
In an unusual medical malpractice case in Connecticut, a six member Superior Court jury awarded a 47 year old developmentally disabled man’s estate $3.5 million. What makes this case so unusual is that the award was not based on the man’s employment or dependent status. His lawyer John Jessep said, “This was a purely a non-economic verdict. My client did not have a full-time job. But the verdict shows a jury can evaluate anyone from any walk of life and assess fair damages.” The jury found that his treatment at the hospital was negligent and qualified as medical malpractice. Ackley was brought to St. Vincent's by his father in February 1999 and was apparently suffering from pneumonia. “His body was being starved of oxygen," Jessep said. "They failed to provide proper supplemental oxygen.” As a result, Jessep said Ackley's heart became overworked and eventually stopped. The lawsuit accused the hospital of failing to administer proper respiratory care, to monitor his heart rate and frequency of respiration and admit him. In response, “St. Vincent' s would like to express its deepest sympathy to the Ackley family for their loss. We believe Mr. Ackley received appropriate medical treatment and are disappointed with this decision,” said Noreen McNicholas, the Medical Center's director of marketing and communications.
