Rhode Island Case of Man Hit and Killed by Drunk Driver After Visiting 5 Bars Settles for $6.1 Million

RI Trial Report: Adam R. Satin, Personal Injury Attorney, Lubin & Meyer PC
Type of Action: Wrongful Death / Dram Shop / General Liability

The decedent was 21 years old when he died after being hit by an intoxicated driver. The driver was operating an automobile provided to him by his employer, which was a co-defendant. Over approximately 12 hours preceding the accident, the driver went to 5 different bars, which were also named defendants.

The driver picked up a friend around 1:00 pm to go to lunch. They ended up at Bar #1 where the driver consumed a sandwich, three glasses of wine and split at least three vodka "shots" with his friend, "KB" before heading to Bar #2. The shots were not purchased, but were given to them for free by the bartender. At Bar #2, each consumed one or two drinks before heading to Bar #3. At Bar #3, a computer receipt reflected a credit card purchase by the driver of 2 gin drinks and one Bud Light. At Bar #4, the driver drank two 16 oz. beers before leaving to drive KB's sister home. The driver and KB returned to Bar #4 where the driver had two more 16 oz. beers. They left Bar #4 and, on the walk to the car, KB observed the driver vomit on the street. They waited 10 minutes and proceeded on to Bar #5. While at Bar #5, KB observed the driver acting silly and not making sense when he spoke. She observed that he drank at least three gin and tonics. KB felt his drunkenness had peaked while they were at Bar #5.

Around 1:00 am, Bar #5 closed. KB noticed the driver to be slurring his speech and offered to drive. The driver declined. Just prior to hitting the decedent, KB yelled at the driver that "there's people!" However, the driver continued in the direction of the sidewalk where the decedent was walking. The force of the impact cause the decedent to be thrown under the right front end of the car. He was pronounced dead shortly after.

Several hours after the accident, at 6:00 am, the driver's blood alcohol content was found to be .22. The plaintiff was prepared to offer expert testimony from the fields of Toxicology, Emergency Medicine, Accident Reconstruction and Alcohol Service Industry Management/Training. The 5 bars defended on the basis that there was no evidence the driver was visually intoxicated to the bartenders at any given time. However, plaintiff's experts opined that, based upon scientific extrapolation of what the blood alcohol level would have been at various points in time, the driver was more likely than not visually impaired at all 5 bars before being served more alcohol. The summary judgment motions were denied and the claims were settled with the assistance of a mediator.

Lubin & Meyer PC - Rhode Island's Leader in Personal Injury and Medical Malpractice Law

In Rhode Island: $4 Million Med-Mal Settlement for Spinal Injury Resulting in Paraplegia

Failure to Monitor Patient’s Neurological Status While Intubated Results in Paralysis

Trial Lawyer's Report: William Thompson, Plaintiff's Attorney, Providence Superior Court

The plaintiff was a 46-year-old male who was admitted to the hospital for pneumonia. He was emergently intubated for a decompensating respiratory status secondary to a worsening pulmonary infection. Several days later he was extubated. He continued to have a fever, acute renal failure, respiratory alkalosis, an elevated white blood cell count, and difficulty breathing. He was re-intubated again for a period lasting approximately three days. When he was extubated the second time, he woke up with no feeling or movement in his lower extremities.

An MRI of the spine showed a spinal mass, measuring 1.3 x 0.9 x 3.1cm in the T11-T12 aspect of the spinal cord and high T1 and low T2 signal suggesting hemorrhage or proteinaceous material. The patient was taken to the OR urgently. The patient underwent a decompressive laminectomy of T12-T11 with durotomy and evacuation of intrathecal abscess and hematoma. Post-operatively, he had flaccid bilateral lower extremities and an absent plantar reflex.

The plaintiff claimed that while he was intubated, the defendants should have stopped the sedation at least every four hours to perform a complete neurological examination, including a pain assessment and plantar flexion response. Had this been done, the neurological compromise would have been discovered sooner, and the patient would have had a better outcome. The longer spinal cord impingement exists, the greater the likelihood for permanent neurological injury.

The defendants contended that they met the standard of care and that nothing they did or failed to do was the cause of the patient’s paralysis.

The plaintiff was unmarried. He did not have a meaningful earnings history, and was not employed during the litigation. He was able to complete all tasks of daily living, including cooking, feeding, bathing, and dressing himself, and caring for his personal needs and hygiene. He could drive and was able to live independently.

The lawsuit was settled at mediation following extensive written discovery, and numerous depositions.
  
Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

RI Medical Malpractice Settlement: $1.5 Million for Failure to Diagnose TIA / Stroke

Lawsuit claimed the emergency department staff was negligent when they failed to recognize and appreciate that she was experiencing transient ischemic attack (TIA) leading to stroke

Trial Lawyer's Report: William Thompson, Plaintiff's Attorney, Washington Superior Court (RI)

The plaintiff, a 54 year old single woman with no children, had a past medical history including hypertension, high cholesterol, gastroesophageal reflux disease (GERD), spinal stenosis, and smoking one pack per day.

She presented to the Emergency Department with complaints of nausea, vomiting, dizziness and right hand weakness. Her vital signs upon arrival were temperature 97.6, blood pressure 148/68, heart rate 100, respiratory rate 20, and room air oxygen saturation 99%. She denied pain. An EKG revealed normal sinus rhythm at 89.

The ED staff noted her symptoms, and noted she had a chiropractor manipulate her neck the day prior. Laboratory studies and a head CT were reported as negative.

She was treated with 325 mg of Aspirin, Zofran, Maalox, and 500cc ml of normal saline (NS). All of the patient’s symptoms resolved. The ED staff diagnosed her with a vasovagal episode and cervical radiculopathy. She was discharged home with prescriptions for Prilosec and aspirin, and instructions to follow-up with her primary care physician.

One week later, she returned to the Emergency Department via ambulance after being found by the side of the bed moaning. She had mental status changes, no movement on the right side, and was moaning and grunting. She was lethargic, aphasic, and had labored breathing.

She was diagnosed with a left middle cerebral artery (MCA) territory infarct; a non-occlusive thrombus in the left common carotid artery deemed to be too large for surgical intervention; and a large patent foramen ovale (PFO). Following rehabilitation, she was walking with assistance including a four-legged cane and a right leg brace. She still had limited use of her right arm and ongoing deficits with speech, reading, writing, and calculations.

The plaintiff claimed the ED staff was negligent when they failed to recognize and appreciate that she was experiencing a TIA, and failed to admit her for further work up including but not limited to brain MRI, echocardiogram and both neurology and cardiac consults to determine the cause of the TIA. The ED staff denied liability, and contended the stroke was unavoidable and not due to any negligence.

The case settled after discovery for $1,500,000.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Lubin & Meyer Finishes Record Year with 56 Verdicts and Settlements of $1 Million+

Lubin & Meyer PC, with attorneys practicing in Rhode Island, Massachusetts and New Hampshire, secured 56 verdicts and settlements of $1 million dollars or more in 2015.

Consistently, Lubin & Meyer dominates the largest verdicts and settlements list as compiled by Lawyers Weekly. This year, the firm resolved more than four times as many million-plus verdicts and settlements than the next closest firm.

Trial reports of most of these cases are available at:
Largest Verdicts and Settlements of 2015

Included in the list is the year's largest verdict of the year (MA):
$35.4 million
Larkin v. Johnston: 28-year-old woman suffers hemorrhagic stroke hours after vaginal delivery of her daughter

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Avoidable Medical Harms in Hospitals Gaining Attention

Rhode Island Public Radio reported this month on a U.S. Senate subcommittee panel where medical experts testified on the need for better metrics for reporting medical mistakes in hospitals. One of the biggest problems, according to those who testified before the Senate Subcommittee on Primary Health and Aging, is that hospitals and health agencies are not accurately measuring these harms. 

One expert, Dr. Tejal Gandhi, president of the National Patient Safety Foundation, said that studies show that "medication errors, adverse drug events and injuries due to drugs occur in up to 25 percent of patients within 30 days of being prescribed a drug." Another study accounted for up to 400,000 patient deaths a year caused by medical mistakes in hospitals.

Read the full article on RIPR.com: Health Safety Experts Call For Public Reporting Of Medical Harms.

In a related news item on WPRI, FOX Providence, Channel 12, former Eyewitness News anchor, Pat Mastors is spearheading a national campaign calling for Congress to investigate problems related to unintended medical harm and to add accountability. See the video below.



Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Newborn's Brain Damage at Rhode Island Hospital Brings $4 Million Medical Malpractice Settlement

Washington County, RI — Lubin & Meyer attorneys have reached a settlement in a medical malpractice case involving a newborn's brain damage suffered while in care in a Rhode Island hospital's nursery. The lawsuit claims that the maternity nurses caring for the baby breached the 'standard of care' when they failed to follow the pediatricians orders that breastfeeding be supplemented by formula. The newborn became hypoglycemic with a critically low glucose level and suffered brain injuries resulting in sensor disorders and developmental delays.

Attorney for the plaintiff, William J. Thompson, claimed these violations of the standard of care resulted in hypoglycemia which has caused permanent neurological injuries and impairments.

The the full Medical Malpractice Trial Report is available on the firm's main website at: Settlement for Newborn's Brain Damage Is $4 Million.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

In Rhode Island, Medical Malpractice Settlement Is $5.65 Million for Birth Injuries

Providence County, RI — Lubin & Meyer attorneys have reached a settlement in a birth injury case in Rhode Island for $5.65 million dollars. Attorney for the plaintiff, William J. Thompson, claimed that the child, who had a difficult delivery, should have been delivered by cesarean section as it was "reasonably expected that delivery through the birth canal would be traumatic."

The full medical malpractice trial report is available on the firm's main website at: Brain Damaged Baby Awarded $5.65 Million.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law