Phelan Petty Secures $1.35 Million Settlement for Woman Who Suffered Stroke and Blindness After Vein Surgery
Medical professionals are supposed to act with a standard of care. When they fail in this duty, people can suffer massive complications. This was the case for a 67-year-old woman who suffered a stroke after vein surgery. Attorneys Jonathan M. Petty and Brielle Hunt negotiated the case in mediation and secured a $1.35 million settlement on behalf of the plaintiff.
Background of the case
The plaintiff was a 67-year-old woman who had a mechanical mitral heart valve implanted in 2013. Patients with these devices are at high risk for stroke and typically require lifelong anticoagulation – or blood-thinning – therapy to prevent clot formation. In this case, the plaintiff took daily doses of Coumadin. Her Coumadin therapy was monitored regularly by her primary care physician.
Patient told to stop taking Coumadin
The plaintiff’s cardiologist (the defendant), whom she saw multiple times per year for various issues, scheduled her for elective peripheral catheterization to evaluate the veins in her legs. The plaintiff stopped taking her Coumadin seven days before the procedure, and she reported to the nursing staff at the hospital that she had done so on the instructions of the defendant cardiologist’s office.
Her pre-operative laboratory studies showed that her blood was coagulating normally – in other words, she had no protection on board against clotting and stroke. The defendant cardiologist performed the catheterization and discharged her home with instructions to resume taking her Coumadin. On the third post-operative day, she suffered an occipital stroke, which caused her to be legally and permanently blind in both eyes.
The legal battle
The plaintiff sued the cardiologist and the practice for medical malpractice, alleging that it was inappropriate to instruct her to discontinue taking her Coumadin before the procedure and that she should have been hospitalized and immediately anticoagulated with heparin following her procedure. Coumadin takes several days to have a protective effect for a patient, whereas heparin provides protection immediately. The plaintiff alleged that the defendant cardiologist should have known that she would be at high risk for stroke for several days after she left the hospital.
The defendants denied that the plaintiff was instructed to stop her Coumadin. The defendant cardiologist claimed that he had offered to hospitalize the patient for heparin therapy after her procedure, but that she refused. They argued that the plaintiff was generally an unreliable patient who had failed to follow instructions in the past.
The case settled for $1.35 million several weeks after mediation, on November 18, 2018.
Accountability in medical malpractice cases
Accountability in medical malpractice cases is essential to ensuring that healthcare providers uphold the highest standards of care and that patients receive justice when negligence occurs. When a doctor, nurse, or medical facility fails to meet the accepted standard of care—whether through misdiagnosis, surgical errors, medication mistakes, or inadequate treatment—they can be held legally responsible for the harm caused. Victims of medical malpractice have the right to pursue compensation for medical expenses, lost income, pain and suffering, and other damages.
How Phelan Petty fights for clients
At Phelan Petty, we’re dedicated to fighting for medical malpractice victims by aggressively pursuing justice and maximum compensation. We start by conducting a thorough investigation, working with medical experts to establish negligence and build a strong case. We gather important evidence, including medical records, expert testimony, and witness statements, to prove how your healthcare provider’s actions deviated from the accepted standard of care. Our legal team handles all negotiations with insurance companies, ensuring our clients are not pressured into lowball settlements. If necessary, we are fully prepared to take cases to trial to secure the compensation our clients deserve. Throughout the process, we provide compassionate support, keeping our clients informed and advocating tirelessly for their rights.
If you believe a medical provider’s mistake led to preventable complications, contact us for a free consultation.
Since 2004, Jonathan Petty has applied the deep knowledge and experience he gained working on the defense side of litigation to represent ordinary people injured by car accidents and truck accidents, medical malpractice, and defective products in Virginia. He has successfully tried medical malpractice and personal injury cases to verdict in courts throughout Virginia, and he has handled cases on behalf of both plaintiffs and defendants in state and federal courts across the country.