Dallas Texas Verdict of $17.5 Million in Medical Malpractice case Fitzgerald v. Prabhakar
On Friday, February 13, 2009, a Dallas County civil jury awarded $17.5 million to a former maintenance man who lost his arms and legs to an MRSA infection. Nearly $10 million was awarded for pain, mental anguish, and physical impairment. Based on the damage caps on noneconomic damages in medical malpractice cases in Texas, the Plaintiff can collect no more than $250,000 for noneconomic damages, but lost earnings and medical expenses can be collected for the remainder of the Plaintiff’s life. The defendant physician in this case was the infectious disease specialist who treated the infection in 2003. The infection developed following ulcer surgery at a Dallas hospital. The jury found the physician 100 percent responsible, but did not find him guilty of gross negligence. The hospital and three other physicians named in the lawsuit reached settlements prior to the two-week trial.