$8,178,358 VERDICT-CONFIDENTIAL HIGH/LOW AGREEMENT - MEDICAL MALPRACTICE - ALLEGED CONTRAINDICATED USE OF ANTICOAGULANT "LOVENOX" - FAILURE TO DIAGNOSE EPIDURAL BLEED - PERMANENT PARALYSIS OF LEFT ARM - LEFT-SIDED HYPERTONIA - SENSORY DEFICITS OF ALL FOUR LIMBS

Philadelphia County, Pa.

The plaintiff in this medical malpractice action alleged the defendant doctors’ choice of Lovenox as an anticoagulant was inappropriate and led to a situation in which she was over anticoagulated, resulting in an epidural bleed. Secondly, the plaintiff contended the defendants failed to properly investigate the source of the plaintiff’s severe neck pain and caused a delay in diagnosis and treatment of an epidural bleed which resulted in loss of plaintiff’s opportunity for successful treatment. At the time of trial, the defendants included two general practitioners (partners). An emergency room physician who treated the plaintiff settled before trial for a nominal sum under a joint tortfeasor release and remained on the verdict form, but did not participate at trial. The defendants maintained the use of Lovenox was appropriate and they acted reasonably in treating the plaintiff’s neck pain with analgesic medications.

Unbeknownst to the jury, the defendant emergency room physician settled before trial and Dr. Gladstone settled during trial. After a deliberation of three and a half hours, the jury found Dr. Ravetz 68% negligent and the defendant emergency room physician 32% negligent. The defendant Dr. Gladstone was found not negligent. The plaintiff was awarded $8,178,358 in damages. A high/low agreement reached during jury deliberation capped the plaintiff’s recovery to an undisclosed sum.

REFERENCE

Mark vs. Ravetz. Case no. 01-02-1487; Judge Mary Colins, 9-30-03.

Attorney for plaintiff: Mark W. Tanner of Feldman, Shepherd Wohlgelernter & Tanner in Philadelphia. Attorney for defendant Ravetz: Kenneth Fair of Naulty, Scaricamazza & McDevitt in Philadelphia. Attorney for defendant Gladstone: Mark R. Zolfaghari of Kevin H. Wright & Associates in Blue Bell. Attorney for defendant emergency room physician: Richard S. Margulies of Christie, Pabarue, Mortensen & Young in Philadelphia.