It has been reported that Iowa has agreed to pay a total of $3.7 million to three families to settle their Iowa medical malpractice claims against University of Iowa Hospitals and Clinics (“UIHC”). Iowa agreed to pay Robert Davis and his wife, Marie Davis, $1 million after they sued UIHC, alleging that its medical providers negligently performed a spinal fusion resulting in significant neurological injury. Iowa also agreed to pay a $2 million medical malpractice settlement with the family of Sharon Roseann Wiese, who died as a result of aspiration pneumonia on December 9, 2017.
The Iowa medical malpractice lawsuit filed by Wiese’s husband and their adult children alleged that Sharon Wiese had a feeding tube that was improperly placed in her esophagus instead of her stomach in November 2017: ““The [feeding] tube was placed improperly in the esophagus (rather than its proper place in the stomach). Post procedure X-rays were not performed to confirm placement and discover this improper placement. Sharon was reinstituted feedings without X-rays being taken.” As a result, “Sharon’s feedings entered her lungs, causing aspiration pneumonia and later, death.” The plaintiffs’ expert opined that there was a breach of the standard of care and that the breach of the standard of care “was the probable cause of Sharon’s aspiration pneumonia, and ultimately, her death.”
Iowa’s Attorney General’s Office recommended on December 1, 2020 that the State Appeal Board approve the $2 million settlement with the Wiese family. UI Physicians reportedly will pay $500,000 of the settlement, and the Iowa’s general fund will cover the remaining $1.5 million.
The Iowa State Appeal Board is a three member board comprised of the Auditor of State, Treasurer of State, and Director of the Department of Management. The board approves or rejects, and pays claims against the State or a State employee, including tort claims such as medical malpractice claim. All tort claims are required to be submitted to the State Appeal Board (SAB) using the State Appeal Board Claim Form and Affidavit. All claims need to be submitted in triplicate, signed and notarized. Claims are date-stamped, numbered, entered on a computer data base and acknowledgment letters generated and sent to claimant. Claims are sent to the AG’s Office for investigation (copies of claims are also sent to Regents, DOT and DAS-GSE as appropriate for their investigation also). SAB has 28E agreement with the Board of Regents Universities (UofI, ISU, UNI and UIHC), Department of Transportation and General Services AG’s office reviews and makes a recommendation on each claim for payment, denial or dismissal. Recommendations are presented to the SAB members at their monthly meeting. Claim is either approved, denied or dismissed by the SAB.
If you or a loved one may have been harmed as a result of medical malpractice in Iowa or in another U.S. state, you should promptly find an Iowa medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical negligence claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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