Close to $8 million has been awarded by a jury to a New Mexico
medical malpractice claim plaintiff in a case that was co-counseled by
Attorneys Tom Rhodes and
Robert Brzezinski of Tom Rhodes Law Firm P.C. and Attorneys McGinn and Montoya of McGinn,
Carpenter, Montoya & Love, P.A. The lawsuit (Case No. D-202-cv-2012-04942)
originated in 2012 after the plaintiff, Mr. Webb, suffered a severe pressure
ulcer as a result of Presbyterian Hospital – Albuquerque’s
failure to reposition him while in the intensive care unit. The ulcer
was so extensive that it eroded through several layers of tissue, ultimately
reaching his sacral bone and causing extreme pain and lingering discomfort.
The $7.75 million jury award included a $4 million award to Webb for his
own compensatory damages, a $1.5 million compensatory damage award to
Webb’s wife, Tammy Lee Bruyere, and a punitive damage award to both
plaintiffs of $2.25 million.
After a week of testimony, the jury found that the Presbyterian Intensive
Care Unit was negligent in its care for Webb while he was unconscious
and unable to reposition or care for himself. Mr. Webb’s attorneys
presented evidence that showed the hospital group did not maintain or
enforce an acceptable standard of training with regard to preventing pressure
ulcers. The hospital’s own policy and procedure states that a patient
must be turned and repositioned at least once every two hours, yet the
documentation indicated that Webb would often not be moved for several
hours at a time. Because of Presbyterian’s failure to follow its
own policies and the standard of care, a serious skin wound formed on
Mr. Webb’s sacrum within days of his arrival to the hospital. Furthermore,
it took another five days after the ulcer was detected by hospital staff
for a Presbyterian Hospital wound care team member to institute treatment
for the ulcer.
case result represents a significant win for the plaintiff and all others who depend
upon hospital ICU treatment. An anonymous jury member stated that the
award, especially the punitive damages, were meant to send a message to
all hospitals that preventable, yet severe injuries like pressure ulcers
are entirely unacceptable in such circumstances.
For more information about this recent case, you can
click here to read a full article posted by the
Albuquerque Journal. If you require personal injury claim representation or guidance, you
can rely on the South Texas personal injury attorneys at Tom Rhodes Law
Firm P.C. We are headquartered in San Antonio but regularly serve as lead
and co-counsel for intricate and high-stakes claims all around the country.
Contact us at any time at
210.265.6543 to schedule a
free consultation with our team.