$700,000 settlement for fatal allergic reaction in end-stage kidney disease patient.

February, 2003

A 69 year old end-stage kidney disease dialysis patient was given a “test dose” of a drug to raise her blood iron stores. The test dose was given by a nephrology nurse in a dialysis unit, without a physician’s prescription even though the patient had a history of an allergic reaction to this drug. As a result, the patient went into anaphylactic shock and died.

On behalf of the patient’s family, a lawsuit was brought by Feldman Shepherd lawyer Carol Nelson Shepherd. The defendants argued that the patient had been very ill for other reasons, and was unlikely to have lived very long under any circumstances. Rejecting this argument, Shepherd vigorously prepared the case for trial. Shortly before jury selection, the case was settled for $700,000. The identity of the parties remains confidential by agreement.