Facts

Plaintiff Jane Doe was 42 years old when she suffered a venous thrombosis that went undiagnosed. The admitting diagnosis by the emergency room physician was migraine headache and rule out venous thrombosis.

Plaintiff claimed that defendants negligently failed to diagnose and treat a dural sinus thrombosis resulting in infarcts in the subcortial frontal lobe and right parietal lobe, loss of executive functioning and left hand tremors.

PLAINTIFF'S CONTENTIONS:
Although multiple scans were taken, the clot was not identified for 36 hours. Heparin was not started until approximately 48 hours after admission. The following day, a repeat MRI was performed which showed three small foci of restricted diffusion in the right frontal and parietal lobes. As a result, plaintiff suffered from a tremor.

Plaintiff was a high-wage earner. Her employment required exact motor coordination and high executive functioning.

DEFENDANT'S CONTENTIONS:
Defendants claimed that they acted within the standard of care and that plaintiff can engage in alternative employment.

Result

The case settled for $2,590,000.