[November 04, 2011] |
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Metier Wins $9 Million Verdict in Medical Malpractice Suit Against Wyoming Regional Hospital
CHEYENNE, Wyo. --(Business Wire)--
Tom Metier of Metier Law Firm, LLC, of Cheyenne, Wyoming and Fort
Colllins, Colorado, obtained a $9 million verdict for plaintiffs Louis
and Rebecca Prager against Campbell County Memorial Hospital and Brian
Cullison, M.D. for medical negligence. Metier was acting as trial
counsel for Casper attorneys Todd Ingram and Scott Olheiser of Ingram
Olheiser, P.C. Ingram and Olheiser successfully litigated the case prior
to trial. The verdict is believed to be the highest medical malpractice
verdict on record in Wyoming. According to officials and news archives,
the previous record was $1.5 million.
The verdict in favor of Louis and Rebecca Prager was rendered late last
Thursday, October 27th, 2011, in Federal District Court in
Cheyenne. The jury found that Cullison, a Board Certified Emergency
Physician employed by the regional hospital, breached the standard of
medical care by failing to diagnose Louis Prager's broken neck, causing
Prager permanent left shoulder paralysis, debilitating pain and
depriving Prager of the ability to work. The jury also found the
negligence of Cullison and the hospital harmed the Prager's marital
relationship, resulting in loss of consortium damages to Rebecca Prager.
On December 9, 2008, Prager, an oil field worker, was rushed to Campbell
County Memorial Hospital Emergency Department by ambulance from the
scene of a rollover accident, immobilized on a backboard, and wearing a
neck brace. Cullison released Prager from the emergency department
without a cervical collar and without performing a physical exam or
taking x-rays of Prager's neck, despite the fact Prager complained of
neck pain and had been in the rollover accident. Cullison ordered x-ray
imaging of Prager's ead and back, but failed to order x-rays of
Prager's neck.
"Dr. Cullison assured Mr. Prager that he had no broken bones and was
"fine". Mr. Prager reasonably believed x-rays of his neck had been
acquired, as he had been placed in a CT machine and x-rays had been
taken," according to Metier.
Prager returned to the hospital four days later with multiple unstable
cervical spine fractures and loss of use of his left arm and shoulder,
requiring emergency neck fusion surgery. Because of Cullison's failure
to diagnose the broken neck, Prager sustained permanent C5 nerve root
injuries.
"Mr. Prager has had to undergo a second neck fusion and will have
additional surgeries in the future including procedures to implant a
spinal cord stimulator in an attempt to reduce the intensity of his
pain," said attorney Todd Ingram.
At trial, Campbell County Memorial Hospital and Dr. Cullison denied that
Cullison had failed to perform a physical examination of Prager's neck,
and denied that a person involved in a rollover crash complaining of
neck pain should have neck x-rays, according to court records.
"Under cross-examination, the defendant's own expert, Dr. George J.
Shaw, a Board Certified Emergency Physician of the University of
Cincinnati Medical School, testified that if Cullison had actually
performed a physical exam of Mr. Prager's neck, Prager's nerves would
have been screaming and x-rays would have been required," said Metier.
The jury determined that the negligence of Cullison and Campbell County
Memorial Hospital caused Mr. Prager damages in the amount $7.0 million
and loss of consortium damages to his wife, Rebecca Prager, in the
amount of $2.0 million.
"Louis and Rebecca Prager had been married for 30 years and have
children and grandchildren. Mr. Prager is largely confined to his house
by his pain and disability. These injuries have permanently altered the
remaining years of their lives," said Ingram.
"This case goes right to the heart of whether the people of Wyoming are
entitled to good, solid health care. We are helpless when we come to the
emergency room on a back board and we must be able to trust our
hospitals and our doctors," according to Metier. "None of us can afford
to stand idly by and allow a hospital or a doctor to escape the
consequences of rendering sub-standard medical care. If we do, that is
what we will have, substandard medical care," Metier said.
"Todd Ingram and Scott Olheiser are outstanding attorneys who did a
marvelous job of litigating the case prior to trial. Todd's assistance
and insight during trial was invaluable," Metier said.
For 30 years, Tom Metier has represented people and their families
seriously hurt by the negligence of others in claims and trials across
the western United States, taking on large corporations and powerful
insurance companies. Tom's vision is that Metier Law Firm be a place
where victims of catastrophic personal injury and their families can go
to find safety, comfort and strength in their time of need. Tom's firm
blends tough trial work with innovative technology to convey their
clients' stories to a judge and jury. Today, Metier Law Firm, LLC is one
of the leading personal injury litigation firms in the country with
offices in Cheyenne, Wyoming, and Fort Collins, Denver and Colorado
Springs, Colorado.
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