An Iowa medical malpractice jury returned its verdict in the amount of $29.5 million in favor of the family of a woman who died on June 9, 2015 as a result of an allergic reaction to the contrast dye administered to her during a CT scan. The June 13, 2018 Iowa medical malpractice verdict included $1.5 million awarded to the 40-year-old woman’s estate for her conscious pre-death pain and suffering, $6 million in compensatory damages awarded to the woman’s husband for his loss of consortium claim, and $5.5 million awarded to each of the woman’s four children for their loss of parental consortium claims.
The woman had gone to an Iowa health care facility three years ago to have a CT scan performed. When the contrast dye was administered for the CT scan, the woman had an anaphylactic reaction and lost consciousness. The physician who was administering the contrast dye gave the woman Benadryl but allegedly failed to take the woman’s vital signs and negligently failed to administer epinephrine, which could have successfully treated her anaphylactic shock.
The Iowa medical malpractice jury determined that the hysician was medically negligent and that his medical negligence caused the woman’s death.
The family’s Iowa medical malpractice attorney stated after the verdict was rendered in favor of his clients, “The family is so thankful that the jury discovered the truth of what really happened. No amount of money is ever going to bring her back, but a verdict like this will make sure that medical providers in the future don’t let something like this happen again.”
Iowa recently enacted legislation that places limits on noneconomic damages in Iowa medical malpractice cases. Effective as to medical malpractice causes of action that accrue on or after July 1, 2017, Section 147.136A (“Noneconomic damage awards against health care providers”) states, in part: “The total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider shall be limited to two hundred fifty thousand dollars for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.” The limitation on noneconomic damages in Iowa medical malpractice claims does not apply if the defendant’s actions constituted actual malice.
If you have been injured as a result of medical negligence in Iowa or in another U.S. state, you should promptly consult with an Iowa medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
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