$11.0 Million Settlement in Medical Negligence Action Against Hospital Nursing Staff for Failing to Report Signs and Symptoms of a Stroke.

The Plaintiff was a 27 year old female who presented to the Hospital with a history of nausea, vomiting, abdominal complaints and left leg paresthesia and weakness. She was assessed with an NIH strokes scale of 3. She was admitted to the care of hospital medicine specialists . At approximately 5 PM the patient had a change in condition when she developed paresthesia and weakness now to the right leg. This change was not reported. At approximately 8 PM the patient developed a facial paralysis, total paralysis of her left leg , worsening paralysis of the right leg and other problems. This was not reported. At this point she had an NIH stroke scale of 10. At approximately 1:30 AM the patient was found non-responsive. Rapid response was initiated. She now had an NIH stroke scale of 17. A CT and MRI revealed multiple blood clots and infarctions in her brain. She was diagnosed with a stroke and underwent a thrombectomy, decompressive craniotomy, bone flap replacement craniotomy and other related medical care and treatment. Ultimately, she suffered permanent brain damage in the form of severe expressive speech aphasia, inability to move her right arm, total paralysis of her left leg, facial drooping and cognitive impairment. She now demonstrates child like behavior and needs constant supervision in her ADLs. The Hospital denied negligence. However, the primary defense was a causation or mitigation of damages argument. Specifically, that due to the unique medical nature and location of the clots even if the nurses had reported the change in condition by the time treatment would have been provided she would have nevertheless developed many of the same permanent deficits .The case settled for $11.0 million shortly before trial.