Case Results

Largest Hospital Negligent Credentialing Verdict in Oklahoma

Brewster & De Angelis represented a minor child who suffered a life-altering injury as a direct result of negligent care and treatment during and after surgery.

Our client was diagnosed with a thyroglossal duct cyst, and it was recommended he undergo a Sistrunk procedure to remove the cyst. Our client alleged that the hospital allowed an unqualified surgeon to perform this surgery.

During the operation, the surgeon misjudged the anatomical landmarks of our client causing devastating injury to this child’s larynx. Damages were so severe that our client now requires a permanent tracheostomy and speaks with a hoarse whisper.

Throughout a week and a half trial, the Brewster & De Angelis team (Clark Brewster, Katie McDaniel, Jennifer De Angelis, and Guy Fortney) revealed Mercy Health System’s substantial failure to safely treat and care for a pediatric patient. The Mercy Health System had a duty to provide our client with a competent surgeon. Instead, they granted privileges to a surgeon with no evidence of current competency to perform a pediatric Sistrunk procedure on a 4-year-old patient.

The Oklahoma County jury found Mercy Health System’s conduct as reckless and intentional, rendering a unanimous $15 million compensatory damages verdict and $30 million in punitive damages.

Our client is the wife of a UPS delivery driver. The defendant, in this case, was a utility company that was transporting and installing new utility poles. The driver for the utility company pulled across the highway and stopped when entering a private drive. The driver allowed the utility pole he was transporting to remain stretched across the highway lanes of traffic. It was nighttime and the utility pole was not lit or attached with any reflective device. Our client’s husband was traveling on the highway and was unable to see the utility pole. He clipped the utility pole causing him to lose control of his vehicle. He impacted the gasoline pump at a convenience store and was doused with gasoline which explosively ignited. Our client’s husband suffered significant third-degree burns over the majority of his body as well as numerous traumatic injuries. He survived three months in intensive care before finally succumbing to his injuries.

Outcome: 

Our client presented to his doctor with ringing in his ears and balance problems. The doctor diagnosed him with tinnitus or ringing in his ears. Six months later, he was again seen by his doctor and, despite his worsening condition, he was not referred for further evaluation. Subsequently, he was seen by another doctor and immediately hospitalized. He was diagnosed with a brain tumor. The young man died subsequent to trial at age 15.

Outcome: 

At the age of four, a young girl was diagnosed with myocarditis and eventually required a pacemaker implant. Her pacemaker was regularly monitored with a 24-hour Holter Monitor. At age 11, the girl collapsed on the playground at school as a result of her pacemaker failing to properly function. She was revived but suffered permanent and severe brain damage resulting in her death nine months later.

The girl’s parents brought an action for the wrongful death of their child alleging that the doctors had been negligent in their reading of the testing on the Holter Monitor. Testing showed that there were periods of time where the pacemaker was not functioning as evidenced by a flat line on the EKG strip. This finding was read by the physicians as “pacemaker functioning normally.”

Outcome: