MRSA Infection Lawsuit Results in $17.5 M Verdict For Man Who Lost Limbs

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A Texas jury awarded $17.5 million to a man who lost both arms and legs as a result of his doctor’s negligent treatment of his hospital-acquired MRSA infection. However, under the Texas damages cap, the verdict was reduced to $7.5 million.

David Fitzgerald, 53, a former maintenance man in an apartment complex in North Dallas, developed an infection known as MRSA, or methicillin-resistant Staphylococcus aureus, after surgery for ulcers at RHD Memorial Medical Center in Farmers Branch, Texas.

Hospital-acquired MRSA infections are resistant to many types of antibiotics, and can be deadly if it enters the bloodstream. The bacteria is normally found on the skin and nose and those with weakened immune systems or those undergoing surgery could be more vulnerable to the infection.

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According to the MRSA infection lawsuit, Fitzgerald was treated in 2003 by the defendant, Dr. Meenakshi S. Prabhakar, an infectious disease specialist, who failed to properly treat the infection with the right type of antibiotic. Dr. Prabhakar treated the plaintiff with eight different antibiotics, but the infection was known to be resistant to all of them, and the doctor failed to prescribe the one that treats MRSA.

As a result of the failure to properly treat the infection, Fitzgerald developed gangrene and required both of his arms to be removed below the elbows and both of his legs to be removed below the knees.

On February 13, 2009, a Dallas County jury found that Dr. Prabhakar’s misdiagnosis and negligent treatment was 100% responsible for Fitzgerald’s injuries and awarded $17.5 million in the Texas medical malpractice lawsuit.

As a result of a statutory cap in Texas which limits the non-economic damages in medical malpractice lawsuits to $250,000, the judge reduced the verdict to $7.5 million. The portion of the jury’s award that provided compensation for Fitzgerald’s economic damages, including the cost of his medical treatment and lost wages, was not reduced.

Tags: Infection, Medical Malpractice, Misdiagnosis, MRSA Infection, Texas
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12 Comments

Linda
I was wondering if anybody has ever won a lawsuit with mrsa? If so would someone tell me who is a good lawyer? I to am a mrsa victim.
bruce
I got a massive mrsa staph infection a veterans hospital fresno california-they know they did it because they gave me medicine for it but now lawyer will take the case because thry say they cant proof it. these are horrible sores oozzing pussing contagous sores all over you body especially on you legs and arms and bloody and you have to cover up and its like leprosy you have to quarranten your self. please dont go to any hospital as they all are filled with it and dont clean properly the rooms and spaces its horrible–
Darlene
Im so mad I could spit…..My story: In 1999 I had a gastric bypass with absolutly no infection. Now, 13 years later I am 118 ils. lighter. and I wanted a Buttock Lift. I had the surgery and just stayed 24 hours in hospital. after one week of returning home i started getting chills and a fever 104 degrees. I went to my local ER and they turned me away. I tried for one week to contact my Dr. but found out he was on vacation and he didn’nt leave a Dr. to cover him. The staff at the Dr. office every day for one week told me they were sorry, he didnt leave a message number or where he was going to be.So we went 90 miles to see a Dr.in the ER. Well they admitted me and I stayed for 2 days, came home but was not healing properly. Went back to DR. admitted again for 6 days to “FLUSH” the MRSA from my wound.
cathy
i too got mrsa after back surgery, i can’t find a lawyer, because they say after my 2 day stay in the hospital after surgery i went home and they say it would be hard to prove it was from hospital since i was at home 2 weeks before having to have er back surgery due to mrsa, i spent months on iv antibiotics and still am not well. how can i find a sc lawyer who will listen
lisa
Fletcher N.Smith JR. HE IS ONE OF THE BEST.The best in South Carolina.email me and i will give you more information.He want play with them
karen
I need to know who the lawyer was in this case for the Fitzgerald. I need one for a MRSA case too, and noone will even listen to me.
LISA
I have MRSA now i got to have plastic surgery to remove the scares on my stomach an legs,arms back,and alot of other areas on my body.All i can say they are not fun at all,i have had my law suit with my law suit sinc 2006,they still want settle. mine happened in south carolina.i wish they would do somethig.,AND IT IS GETTING TIERING FOR ME.All they are doing is putting it off.They want to pay less then they should.Since i got this i have started to have heart trouble,copd,and sleep apnia,and on oxygen 24-7.If the jail cells would santize beter this would not ever happened to me and alot of others.they let the ones that had it walk around with everyone in the jails.They did’t clean the mates properly,they where washed down with a damp paper towels only.They would sit back and would not treat people in time it would get worse and spread very fast.Mainly the ones the took showers every day,cause they wher used by the infected inmates.thanks LISA [BABY GIRL] S.
Lora
I have had the exact same cuircumstances, I’,m dying from pulmonary fibrosis, due to HA MRSA
beth
In 2006… . fem-pop bypass graft . Dc’d home wound hemorrhaged in 4 days emergecy sx diagnosis MRSA . 8 surgeries to remove mrsa including vein transplant . in hospital 34 days . dc’d home mrsa returned in 3 months surgery again . permanently disabled..lost job, lost house, I went into the hospital free of mrsa and left with mrsa.
Kathy
I also had a stupid doctor who sent me home with a diagnosis of sciatica, having severe leg pain. Upon entering the room, I comented on how young he looked. He poked me in the butt, I yelped, and he said yup it’s sciatic nerve; despite having zero back pain.I returned another 3 times to the ER. The fourth visit I was in more pain than childbirth. Five bloodclots in my arteries caused the leg pain and now I dont have my left leg anymore. Damn right Im suing.
sriparna
Is she a doctor or a stupid quirk? Can the money reform the damaged limbs of the innocent fellow? Is there anybody to return a suitable reply?
Ruth
The doctor deserves it. I wish he had to pay off this sum for the rest of his life just like the victim has to live with his doctor’s negligence for the rest of his life. The man deserves that money which doesn’t begin to compensate his losses. I am so sick of negligent, arrogant, doltish doctors who don’t give a rat’s bum about their patients (this poor man was obviously not as valuable a citizen as his crackpot doctor) I could scream.

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