A large medical malpractice verdict is increasingly a rare thing to witness. Juries often demonstrate their bias against lawsuits by being parsimonious in writing checks to plaintiffs. Occasionally however, a case with merit is presented by an attorney who has done his home work, and is able to get past the lawsuit prejudice of the jury panel.
This week in Fayette County, the right case being handled by the right attorney met up with the right jury and the result was a $9.89 million dollar verdict being awarded.
The right attorney in the Fayette case was Jim “Beau” Bolus, a U.K. College of Law grad who practices with the Haddad firm in Louisville. Beau coaches youth sports activities, and particularly enjoys working with beginners. His late father, James Bolus SR. was a writer for the Louisville Courier-Journal for many years. James Sr. played on UK’s famous “thin thirty” football team.
We were curious about where Bolus obtained the knowledge about medical and science issues that were obviously essential in winning this case. He credits his wife, a licensed nurse, with bringing him up to speed on medical issues. Those that know “Beau” also credit his work ethic and ability to totally focus on every aspect of a case.
One of the reasons believed to have been on the juries minds when they deliberated, was the fact that the surgeon never disclosed to the patient the fact that he had committed acts of malpractice. The plaintiff’s malpractice claim was supported by three medical experts from Ivy League schools.
In his cross examination of the surgeon, Bolus asked why he had never apologized to the patient for the malpractice. The surgeon said he had not “had an opportunity” to do so. This effective question might not work in some cases, but in this case the groundwork was laid due to the overwhelming proof of malpractice laid down by Bolus. Later the surgeon did approach the plaintiff and offer his apology.
No offer of settlement was ever made on behalf of the defendants. The physician in many insurance policies maintains the right to reject a settlement. We have not found out the policy limits and whether or not the surgeon or his insurer made the decision to ignore any settlement opportunities.
The physician was represented by Richard Schiller also of Louisville. Schiller is a experienced and formidable opponent.
If you practice personal injury law, and medical malpractice in particular, you should thank Jim “Beau” Bolus, because if there wasn’t a verdict like this every once and a while, the insurance adjusters who closely watch these things, would permanently close their check books.
Fayette County, usually a dead zone for Medical Malpractice verdicts, awards $9.89 million due to surgery that went bad
This article was published on Herald-Leader.com
By Brandon Ortiz
A $9.89 million civil verdict was returned Wednesday in a lawsuit filed by a Lexington hairdresser who became paraplegic after a routine heart surgery.
A Fayette Circuit Court jury assigned 31 percent of fault — or $3,057,894.49 — to the surgeon, Dr. Michael Sekela of Surgical Associates of Lexington. The verdicts against the other defendants, Fresenius Medical Care and Central Kentucky Anesthesia, are moot because they had already settled with the patient and did not participate in the trial, said Sekela’s attorney, Rich Schiller of Louisville.
A review of the Kentucky Trial Court Review indicates that Wednesday’s verdict could be the largest medical malpractice verdict to ever come out of Fayette County.
The plaintiff, Latricia Satterwhite, had surgery on her mitral valve in her heart on April 19, 2006. The surgery took less than an hour and was successful.
But, according to medical experts who testified on her behalf, the surgeon misplaced the cannula, or hose, for a machine that pumps blood during the surgery. The misplacement caused too much blood and oxygen to be pumped to her right hand and too little to her brain and thoracic spinal cord, the experts testified.
Satterwhite, who worked at the Great Clips on East High Street, can no longer walk. She also suffered mild to moderate brain damage, said her attorney, James Bolus of Louisville.
“No one wins here,” Bolus said. “The surgeon has to live with the fact this occurred. Unfortunately, he wanted to go trial.”
Schiller said Sekela disputes that the cannula was misplaced or that he caused her paralysis.
Schiller said that they are considering an appeal.
“Its always unhappy when you have a verdict like this,” Schiller said. “We are in shock and disbelief that it happened.”
Satterwhite was awarded $455,229.06 in past medical experiences and $4,426,408.72 for future medical bills. She was awarded $482,538 in lost wages and $4.5 million for pain and suffering.
The total verdict was $9,864,175.78.
Sekela was found at fault by a 10-2 vote of the jury. The anesthesiologist shared 23 percent of the fault, and the perfusionist, the person who operates the heart-lung machine. was responsible for 41 percent of fault, the jury found.