Please join Bekman, Marder, Hopper, Malarkey & Perlin in congratulating partners Dale Adkins and Emily Malarkey, who recently obtained a $575,000 verdict on behalf of the family of Jane Burkart, who died in 2012 of complications of a massive internal hemorrhage.
75-year old Jane Burkhart had recently been admitted to the hospital for a deep vein thrombosis and was prescribed several different blood thinners. A few days after her discharge, she presented to the E.R. at Carroll Hospital Center by ambulance in the middle of the night, complaining of severe, 10/10 hip and groin pain. She is described in the medical record to have been moaning in pain and to have “uncontrolled” pain despite multiple doses of narcotic pain medication. She was assessed by a physician assistant, who diagnosed her with musculoskeletal pain without performing any imaging study. She was discharged to a nursing home by a physician 10 hours after she arrived. Eighteen hours later, she was back in the E.R. in hemorrhagic shock from a massive retroperitoneal hematoma. She was resuscitated, but never fully recovered, and died 6 weeks later.
The trial lasted 6 days and the jury deliberated for 9 hours over the course of two days. There was no offer of settlement at any time.