Medical Malpractice
Brain Damaged Man Awarded $217 M in Malpractice Suit
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October 4th, 2006
"Florida Jury Has Awarded $217 Million in Brain Damaged Man"
A Hillsborough County, Florida jury has awarded $217 million in damages to a man who suffered severe brain damage after doctors in a hospital emergency room misdiagnosed symptoms of his stroke.
The original verdict of $116.7 million included economic and non-economic compensatory damages to Allan Navarro and his family. The jury increased the award by $100.1 million for punitive damages after a three-week trial in civil court.
According to the family, one hundred percent of the punitive damages award will be given to charities aimed at helping those with brain and spinal cord injuries.
“This isn''t about money, this was about the quest for justice,” said Ed Bilbao, Navarro''s brother-in-law. “And today in this court, justice was served.”
Medical Malpractice Suit Details
In August 2000, Navarro went to the emergency room at Tampa''s University Community Hospital complaining of a headache, double vision, nausea, and dizziness. The attending physician diagnosed him with sinusitis and sent him home with a prescription for pain medication, despite being told that Navarro had a family history of stroke.
According to his attorneys, the next day, Navarro went back to the ER after suffering more severe symptoms. By that afternoon, his brain had swollen so much, he needed to undergo immediate surgery to relieve it.
Navarro remained in the hospital for one month and was in a coma for nearly three months. He has suffered severe brain damage and will be disabled for the rest of his life as a result of the misdiagnosis.
Navarro and his family filed a medical malpractice lawsuit against the physician and two groups contracted to give emergency room service. The suit was filed before the state of Florida put caps on certain malpractice awards.
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