In early August 2024, a Philadelphia medical malpractice jury returned its verdict in the amount of $44,894,877.70 against Temple University Hospital and in favor of a nineteen-year-old man for the allegedly negligent medical treatment he received at the hospital in 2020, after he was shot in his neck on July 22, 2020. The teenager suffered injuries to his left vertebral artery and also suffered fractures of his jaw and his spine at the C2 level, according to reports.
While in the hospital, a speech pathologist performed a barium swallow test that found moderate pharyngeal dysphagia that is significant for the risk of aspiration when eating or drinking. The speech pathologist recommended clinical observation of the teenager while eating and drinking various consistencies of food and fluids but the observation was not performed.
Less than two days after his discharge from the hospital, the teenager aspirated mashed potatoes into his lungs, which led to significant brain damage after he suffered cardiac arrest and respiratory failure. The teenager now uses a wheelchair due to balance problems.
The Philadelphia medical malpractice lawsuit alleged that the hospital negligently failed to properly assess his swallowing before discharge and that the hospital failed to properly instruct his mother at the time of discharge with regard to at-home care recommendations from the hospital’s speech pathologist.
The hospital argued that a proper swallowing evaluation was done at the hospital and that the teenager and his mother failed to follow instructions regarding foods that were safe (and unsafe) to eat.
The hospital issued the following statement after the verdict: “Our team provided the patient and his mother clear and appropriate care instructions upon discharge, to support a safe and effective healing process. We contend that he disregarded the care team’s instructions on foods that could be safely eaten in his condition. Regrettably, it was that decision that led to his subsequent additional injury several days after discharge.”
The plaintiff reportedly offered to settle his case for $32 million prior to trial, and the hospital offered $500,000 to settle. The $45 million verdict will likely increase to almost $52 million once delay damages are applied.
Dysphagia
People with dysphagia have difficulty swallowing and may even experience pain while swallowing (odynophagia). Some people may be completely unable to swallow or may have trouble safely swallowing liquids, foods, or saliva. When that happens, eating becomes a challenge. Often, dysphagia makes it difficult to take in enough calories and fluids to nourish the body and can lead to additional serious medical problems.
Dysphagia occurs when there is a problem with the neural control or the structures involved in any part of the swallowing process. Weak tongue or cheek muscles may make it hard to move food around in the mouth for chewing. A stroke or other nervous system disorder may make it difficult to start the swallowing response, a stimulus that allows food and liquids to move safely through the throat. Another difficulty can occur when weak throat muscles, such as after cancer surgery, cannot move all of the food toward the stomach. Dysphagia may also result from disorders of the esophagus.
For some people, treatment may involve muscle exercises to strengthen weak facial muscles or to improve coordination. For others, treatment may involve learning to eat in a special way. For example, some people may have to eat with their head turned to one side or looking straight ahead. Preparing food in a certain way or avoiding certain foods may help in some situations. For instance, people who cannot swallow thin liquids may need to add special thickeners to their drinks. Other people may have to avoid hot or cold foods or drinks.
For some, however, consuming enough foods and liquids by mouth may no longer be possible. These individuals must use other methods to nourish their bodies. Usually this involves a feeding system, such as a feeding tube, that bypasses or supplements the part of the swallowing mechanism that is not working normally.
If you or a loved one may have been injured as a result of medical negligence in Philadelphia or elsewhere in the United States, you should promptly find a Philadelphia medical malpractice lawyer or a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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