HPS Attorneys Secure Defense Verdict for Las Vegas-Based Hospital

HPS Attorneys Secure Defense Verdict for Las Vegas-Based Hospital

February 17, 2023
By Trent Earl

HPS Attorneys Mike Prangle, Ken Webster, and Trent Earl successfully defended a Las Vegas area hospital (defendant hospital) against allegations that it had contributed to a patient’s Osmotic Demyelination Syndrome (ODS) resulting in the Plaintiff being in a complete, locked-in state.

Plaintiff alleged that her ODS and subsequent locked-in status were caused by the overcorrection of her critical hyponatremia, beginning at the defendant hospital and continuing at another local hospital to which she was transferred shortly after presenting due to insurance considerations.

Plaintiff further claimed that the defendant hospital was negligent in transferring her to the second hospital, alleging that she was not stable for transfer and that the second hospital could not treat her critical hyponatremia.

Prior to trial, the HPS trial team, assisted by Hugh Griffin, HPS Appellate Practice Co-Chair, won several crucial motions, which significantly impacted the case, including

• Capping Plaintiff’s recoverable damages;

• Dismissal of Plaintiff’s causes of action for fraud and negligent misrepresentation;

• Dismissal of Plaintiff’s claim for punitive damages.

HPS attorneys also ensured that Plaintiff’s entire case was subject to Chapter 41A of Nevada’s Revised Statutes, which, among other things, provided for the “several liability” of each party and capped non-economic damages at $350,000.

During the trial, the defense maintained that the defendant hospital and its attending physician fully complied with the standard of care regarding both the care Plaintiff received and in transferring Plaintiff to the second hospital. The defense further argued that the treatment received at the defendant hospital did not contribute to Plaintiff’s injury.

Plaintiff asked the jury to award $75 million in damages. The jury found that neither the defendant hospital nor its attending physician caused Plaintiff’s injury. The jury found that a physician at the second hospital was 35% liable for Plaintiff’s injury.

Disclaimer: This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Readers should seek specific legal and/or medical advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Trent Earl. This post constitutes a form of attorney advertising as defined by some state bar associations.