$110M New York Medical Malpractice Verdict For Failure To Properly Treat Asthma Attack

On April 12, 2019, a New York medical malpractice jury returned its verdict in the amount of $110.6 million in favor of a 48-year-old New York medical malpractice plaintiff who suffered a massive brain bleed that left her with slurred speech and confined to a wheelchair due to the defendants’ negligent failure to properly treat her after she arrived at a hospital emergency room while suffering a seriuous asthma attack.

Plaintiff’s Medical Malpractice Lawsuit

The plaintiff alleged that the defendant hospital and several defendant physicians were negligent in failing to consider transferring her from the defendant hospital to another hospital in December 2010, where she could receive advanced care not available at the defendant hospital for the swelling in her brain that resulted from the build up of carbon dioxide from her asthma attack.

The New York medical malpractrice plaintiff alleged that she required ECMO treatment (extracorporeal membrane oxygenation) to remove the carbon dioxide buildup in her brain and to prevent injury. ECMO provides temporary cardiorespiratory support for patients with severe respiratory or cardiac failure by providing oxygen, removing carbon dioxide, and/or supporting perfusion. ECMO can remove carbon dioxide in patients with hypercapneic respiratory failure. ECMO is indicated in hypercapneic respiratory failure secondary to status asthmaticus. Source

The ECMO machine pumps blood from the patient’s body to an artificial lung (oxygenator) that adds oxygen to it and removes carbon dioxide. Thus, it replaces the function of the person’s own lungs. The ECMO machine then sends the blood back to the patient via a pump with the same force as the heart, replacing its function. An ECMO machine can help save a patient’s life, but it does not treat the patient’s disease or injury. An ECMO machine provides support for a patient while the healthcare team works on treating the underlying disease or injury. Source

The mother of five sons spent 328 days in the hospital followed by nursing home care for her severe injury. The plaintiff’s partner of 26 years now provides her with the full-time care she requires as a result of profound motor disabilities and slurred speech she suffered. He stated after the verdict was rendered, “She went through a lot. We went through so much, I’m just so happy for her now.”

The plaintiff stated after her New York medical malpractice victory: “I felt numb. I’ve been fighting for so long. I was angry. But I put it aside. I came to the reality [that] I have to deal with it.”

The plaintiff’s New York medical malpractice lawyer stated after the verdict, “She was an amazing mom, the vice president of the PTA. She was the center of the family.”


If you or a loved one suffered harm as a result of medical negligence in a hospital in New York or in another U.S. state, you should promptly find a medical malpractice lawyer in New York or in your state who may investigate your hospital medical malpractice claim for you and represent you or your loved one in a hospital medical malpractice case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.

Turn to us when you don’t know where to turn.

This entry was posted on Friday, April 26th, 2019 at 5:23 am. Both comments and pings are currently closed.

    Easy Free Consultation

    Fill out the form below for a free consultation or contact us directly at 800.295.3959

      Easy Free Consultation

      Fill out the form below for a free consultation or contact us directly at 800.295.3959