February 11, 2002- Court Affirms $18 Million Award in Brain Damage Suit

---

The Illinois Supreme Court has affirmed a ruling by the Appellate Court in a product liability case. In March 1991, Andrina Hansen was admitted to Mount Sinai Hospital for treatment of stomach ulcers. After successful surgery, fluids were administered intravenously through a "central line" running into Hansen's jugular vein. The connector between the IV tube and a catheter came apart, causing the decedent to suffer a seizure. She also suffered an air embolism, resulting in brain damage, paralysis and, ultimately, death. Her estate claimed that the IV tubing was defective because it lacked a locking device and instead was made with a slip connector. Defendant Baxter Healthcare Corp. denied that the product was unsafe because 100 million of them had been sold throughout the world without incident. The defendant also contended that it was the hospital's and clinician's responsibility to select a locking IV set. The decedent's estate filed a medical malpractice claim against Mount Sinai and a hospital nurse, and later alleged survival and wrongful-death claims against Baxter based on product liability. Shortly before trial, all defendants except Baxter settled for nearly $ 2.9 million. After the jury returned its verdict of $ 18,047,000, the trial court allowed a setoff against the award based on the pretrial settlement. The appeals court affirmed, disagreeing with Baxter's argument that there was insufficient evidence of a defective design to support a verdict based on that theory. The court said Baxter sold two kinds of IV sets, including the one that could come apart inadvertently, even after being properly connected. Baxter also sold a slightly more expensive locking IV line. The appeals court said the issue was whether the slip connector involved in this case was unsafe when put to a reasonably foreseeable use. The plaintiff's expert had testified that the connector used on the decedent was not a safe design because it could come apart inadvertently. Based on this testimony, the appeals court said, the jury could have found that the line used on the decedent posed an unreasonable risk of harm beyond that contemplated by the decedent while she lay in her hospital bed. The Supreme Court affirmed. The court first held that Baxter had a duty to warn of the dangers inherent in the connector used on the decedent but that Baxter gave the medical community no warning at all about the need to use better locks in central-line applications. The Supreme Court also held that the jury's verdict could be supported under a design-defect theory. The court said the decedent could have reasonably expected that her IV catheter connection, if properly designed and manufactured, would be safe for its intended purpose. Expert testimony adduced at trial was sufficient to establish that the design of the device was defective and that this design caused the decedent's injuries.

If you or a loved one has been injured as a result of possible medical malpractice, call The Gunn Law Group now at (813) 228-7070 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

<< back

---

The Gunn Law Group handles cases involving Insurance Claims, Homeowners Insurance, Property Insurance Coverage and Disputes, Insurance Bad Faith, Hurricane Insurance Claims, as well as the most serious of Personal Injury such as: Automobile Accidents, Spinal Cord Injuries, Cerebral Palsy, Traumatic Brain Injuries, Medical Malpractice, Product Liability and Wrongful Death. The Gunn Law Group serves the following Florida areas: Altamonte Springs, Apopka, Arcadia, Atlantic Beach, Bartow, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Brandon, Brooksville, Cape Coral, Casselberry, Clearwater, Cocoa, Cocoa Beach, Coral Gables, Coral Springs, Crestview, Crystal River, Dade City, Dania, Daytona Beach, Deerfield Beach, Deland, Delray Beach, Destin, Dunedin, Englewood, Eustis, Fernandina Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Green Cove Springs, Gulf Breeze, Hallandale, Hialeah, Hollywood, Homestead, Hudson, Inverness, Islamorada, Jacksonville, Jacksonville Beach, Jupiter, Key Biscayne, Key Largo, Key West, Kissimmee, Lake City, Lake Mary, Lake Wales, Lake Worth, Lakeland, Largo, Leesburg, Live Oak, Longwood, Lutz, Maitland, Marathon, Marco Island, Melbourne, Merritt Island, Miami, Miami Beach, Milton, Mount Dora, Naples, New Port Richey, New Smyrna Beach, Niceville, North Fort Myers, North Miami Beach, North Palm Beach, Ocala, Okeechobee, Orange Park, Orlando, Ormond Beach, Oviedo, Palatka, Palm Bay, Palm Beach, Palm Beach Gardens, Palm City, Palm Coast, Palm Harbor, Panama City, Pensacola, Perry, Plant City, Pompano Beach, Ponte Vedra Beach, Port Charlotte, Port Richey, Port Saint Lucie, Punta Gorda, Quincy, Rockledge, Safety Harbor, Saint Augustine, Saint Petersburg, Sanford, Sanibel, Sarasota, Satellite Beach, Sebring, Seminole, Shalimar, Spring Hill, Stuart, Tallahassee, Tampa, Tarpon Springs, Tavares, Tavernier, Titusville, Venice, Vero Beach, West Palm Beach, Weston, Winter Haven, Winter Park, Winter Springs Copyright 2008 © Gunn Law Group, P.A. , All Rights Reserved Terms & Conditions Site Map