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Brain injuries can have a devastating impact on the lives of their victim; rendering them unable to enjoy life and in some situations severely disabled. The largest personal injury verdict in 2006 involved a man who was severely crippled as the result of brain damage suffered during a stroke. Had it not been for the gross negligence of the emergency room staff, who failed to diagnose his stroke and take appropriate action, his injuries could have been avoided.
On August 9, 2000, Alan Navarro, a 44 year old father, went to an emergency room in Tampa Florida complaining of intense pain in his head. Along with the pain he was feeling dizzy nauseous and confused all classic signs of an in progress stroke. At the hospital he was examined by an unlicensed physician's assistant who had failed the state licensing exam.
The Physicians assistant concluded that he was suffering from a sinus infection and gave him medicine for this condition. The on-duty doctor consented to the diagnosis, but did not examine the patient himself.
The following morning Navarro awoke to unbearable pain in his head, his vision was blurred and he had trouble walking. He was admitted to the emergency room at 6:00 in the morning, but his stroke was not properly diagnosed until that afternoon. Between his first appearance at the emergency room and his treatment the following day the patient suffered critical brain damage.
During surgery to reduce swelling in his brain Navarro fell into a coma that lasted four months. When he awoke from the coma he was paralyzed in three limbs and has only limited use of one hand. He is permanently confined to a wheelchair and unable to control his bladder or his bowels. These severe limitations could have been prevented had he been properly treated when he first arrived at the hospital.
The defense's culpability was exacerbated by a deliberate attempt to hide the facts of the case. During initial testimonies, the doctor claimed that he had examined the patient himself. Throughout the early stages of litigation the defense insisted that the misdiagnosis had been made by a licensed physician. However, when the doctor was questioned for the second time, he admitted that he had never personally examined the patient.
Recognizing the devastating impact of the defense's negligence, the jury awarded $216 million to the plaintiff. Compensatory damages were assessed at $116 million and punitive damages were $100 million. The blatant disregard for professional duty along with the attempt to hide the true facts of the case contributed to the huge damages.
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