Virginia Judge Sets Aside Multi-Million Dollar Verdict In Medical Malpractice Case

A judge in Portsmouth, Virginia recently set aside a $3.5 million dollar verdict that had been awarded to a plaintiff in a medical malpractice case. The case began when a lawsuit was filed by the estate of Kenneth Westermann. Mr. Westermann had sought medical treatment from a family practitioner after suffering from chest pain. His doctor prescribed him a pain reliever.

Unfortunately, Mr. Westermann’s symptoms grew worse and he returned to the family practitioner’s office the next day. The doctor diagnosed him with an upper respiratory infection and prescribed cough syrup for the treatment of the infection. Mr. Westermann had a chest x-ray performed later that day at a local hospital. The x-ray revealed that Mr. Westermann was suffering from pneumonia.

The hospital contacted the family practitioner’s office to provide the doctor with the results of the chest x-ray. Several days passed before the doctor took any action on the information that was revealed by the x-ray. At some point, the doctor’s office attempted to contact Mr. Westermann but they dialed the wrong number. According to reports, the medical office did not make any subsequent attempts to contact Mr. Westermann to inform him of his condition.

Mr. Westermann’s health continued to deteriorate. He was found unresponsive in his home by his former wife and rushed to the hospital. According to news sources, he passed away from complications related to pneumonia shortly after he was admitted to the hospital.

A medical malpractice lawsuit was filed against the doctor and the medical practice group that failed to contact Mr. Westermann and the jury in the case originally awarded Mr. Westermann’s estate $3.5 million against the medical practice group. However, since the verdict exonerated the doctor, the court set the verdict aside.

If you believe that you may have a claim for medical malpractice, you should contact a Virginia medical malpractice attorney to have your case evaluated.