Malpractice Case Settles for $900,000

Note: The recoveries in these cases are not necessarily indicative of recoveries in similar cases in the future, since each case must be decided on its own facts and circumstances.

Walter H. Emroch and Thomas J. McNally won a $900,000 verdict, which at that time was believed to be the largest medical malpractice verdict ever awarded in the city of Fredericksburg Circuit Court.

The plaintiff, a DEA agent, sustained a complicated stress fracture of the right femur and was sent to the hospital, where he came under the care of the defendant, a physician.

During the surgical repair of the plaintiff’s leg, the leg was placed in traction for more than five hours. The standard of care allows for two and one-half hours of continuous traction. Due to excessive use of traction, the plaintiff sustained permanent nerve damage affecting both legs and permanent sexual dysfunction.

The jury deliberated two hours before returning their verdict.

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