April 2018 

Chicago: Jury Refuses to Award Any Damages Despite Admitted Medical Mistake

In April 2018, HPS attorneys Michael Tarpey and Brittany Anselmo defend local nurse against allegations of negligence. The patient, a physician, presented to the allergy clinic to receive her regularly scheduled allergy shots. Unfortunately, the defendant allergy clinic nurse inadvertently injected another patient’s shots which were 100x stronger than the intended dose. The mistake was immediately recognized, documented and disclosed to the patient/physician. The patient was closely monitored, administered appropriate medications to combat the mistake but still suffered anaphylaxis requiring a three day hospital admission.

Despite the obvious glaring mistake, the defense focused on the immediate disclosure and the timely and appropriate response to avoid any severe and permanent injury. Fortunately the jury agreed by returning a verdict in favor of plaintiff/patient, but refusing to award any money damages. Plaintiff is currently appealing the jury’s verdict after the trial court denied the request for a new trial on damages.