$17.1 Million Medical Malpractice Verdict

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Legally Reviewed by
Allan Siegel

Updated 2 years ago

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Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time.

Sheldon (00:05): In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same.

Sheldon (01:00): So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us.

Sheldon (01:49): The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for.

$17.1 Million Medical Malpractice Verdict Obtained in the Superior Court of the District of Columbia

On April 6, 2022 Chaikin, Sherman, Cammarata & Siegel, P.C. obtained a jury verdict of $17,107,000 in D.C. Superior Court in the case of Shanay Batey, as Personal Representative of the Estate of Tiffaney Dunbar v. Washington Hospital Center.    

This was a wrongful death case that arose as a result of negligent treatment at the Washington Hospital Center’s Women’s Wellness Clinic. Tiffaney Dunbar was 33 years old at the time of her death, and had 3 minor children.   Ms. Dunbar presented to the Washington Women’s Wellness Center on February 7, 2017 complaining of vaginal bleeding, which she had been experiencing for two weeks.   She was seen by a nurse practitioner who ordered a rapid pregnancy test.   The rapid pregnancy test showed that Ms. Dunbar was pregnant.  The nurse practitioner then ordered bloodwork and performed a bedside transvaginal ultrasound.  The nurse practitioner could not confirm the presence of a fetus in the uterus while performing the bedside ultrasound.   This should have been a red flag that Ms. Dunbar likely had an ectopic pregnancy.  An ectopic pregnancy is a pregnancy in which the fetus develops outside the uterus, typically in a fallopian tube.  An ectopic pregnancy is a medical emergency.  The fallopian tubes are not designed to hold a growing fetus.  As the fetus grows, it will cause the fallopian tube to rupture.  This will cause excessive bleeding, and will likely lead to death.  

After not seeing the fetus in the uterus, the nurse practitioner failed to even look in the fallopian tubes, which she could have easily done while performing the bedside ultrasound.  Instead, she instructed Ms. Dunbar to come back to the clinic in two days to get follow-up bloodwork. Unfortunately, Ms. Dunbar did not understand the deadly nature of her condition and did not return to get the bloodwork.  The nurse practitioner called Ms. Dubar a few days after Ms. Dunbar did not appear for the bloodwork.  The nurse asked Ms. Dunbar to come into the clinic for the missed bloodwork but again failed to tell Ms. Dunbar that she might have an ectopic pregnancy, which could be deadly.   Unfortunately, the ectopic pregnancy ruptured on February 17, 2022, causing Ms. Dunbar’s death.   

The jury found the hospital negligent and found that the nurse practitioner failed to properly inform Ms. Dunbar of her potentially fatal condition. The jury awarded $15,000,000 to the deceased’s three minor children for loss of education, guidance, and support, $500,000 for 30 minutes of conscious pain and suffering, and $1,607,000 for lost wages and lost household services.  

This unnecessary death is tragic, but we are glad that we were able to bring justice to this family and hold the Washington Hospital Center accountable.    

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