A Nevada medical malpractice jury returned its verdict in favor of a woman who suffered locked-in syndrome due to the medical negligence of the defendants after a five-week trial that ended last week. Because the verdict included $35 million for the woman’s unimaginable pain and suffering (noneconomic damages), the $35 million will be reduced to $350,000, which is Nevada’s cap on noneconomic damages in medical malpractice cases.
Locked-In Syndrome
Locked-in syndrome is a catastrophic condition where a person is cognitively intact (meaning the person is fully aware of her condition) but is physically unable to move. In the woman’s case, she is only able to blink her eyes but is fully aware of her surroundings.
The woman’s Nevada medical malpractice lawsuit that was filed in 2020 alleged that she was admitted to MountainView Hospital and Mountain’s Edge Hospital on January 1, 2019 after she fell and struck her head on a dresser. Her sodium levels were found to be abnormally low at the time of her hospital admission, which can lead to excessive water and swelling in the brain and result in confusion, seizures, and coma. If sodium levels are raised too quickly, however, permanent brain damage can occur as a result of water being drawn from the brain. In the woman’s case, it was alleged in her Nevada medical malpractice lawsuit that she was more susceptible to suffering a brain injury if her sodium levels were increased too quickly because of her abnormal liver enzymes and her history of alcohol use.
The woman’s medical malpractice lawsuit named eleven defendants when it was filed but by the time of trial, only three defendants remained due to settlements reached with the other defendants. The remaining defendants were MountainView Hospital, Dr. Ejo John, and Dr. Amit Valera. The jury found that Dr. Valera was 35% liable for the woman’s injuries (the settling defendants were found by the jury to have been 65% liable).
After the jury returned its verdict, the woman’s Nevada medical malpractice lawyer stated: “This is the worst injury known in medicine, and it’s worth $350,000 … It’s truly one of the most awful laws ever created, and it was done to benefit big hospitals and insurance companies. That’s who’s the winner.”
Nevada imposed its $350,000 cap on noneconomic damages in medical malpractice cases in 2004, which was upheld by the Nevada Supreme Court in 2015.
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