Defense Verdict Obtained in Stroke Case

Dustin J. Denning successfully defended our client, an Advanced Registered Nurse Practitioner (“APRN”), in a jury trial in which the patient, who was also an employee at the APRN’s clinic, alleged that the APRN was negligent in failing to assess and diagnose the patient, or immediately refer the patient to the Emergency Room, when she was allegedly suffering from acute stroke-like symptoms. The patient and her attorney argued that failing to do so deprived the patient of the opportunity to receive the clot-busting drug, Tissue Plasminogen Activator (TPA). As a result, she suffered severe and permanent physical impairment to the left side of her body. The patient sought over $650,000.00 at trial.

We successfully established through several medical records and witness testimony that the patient’s stroke symptoms began at least 2 days before the alleged reported onset of symptoms. Because of that, it caused the patient to be beyond the 3 to 4 ½ hour window for the safe administration of TPA. The patient also failed to follow up with the various imaging recommendations offered to her by the APRN. The patient’s prior neurological problems from cervical spine disc disease was also a significant complicating factor in diagnosing the patient. We offered expert testimony from a neurologist, an APRN and a neuroradiologist. Relying on parenchymal enhancement on a subsequent MRI of the brain, our neuroradiology expert opined that the stroke indeed started at least 2 days before the alleged onset date of symptoms.

After a five day jury trial, the Cloud County, Kansas, jury returned a verdict in favor of our client after deliberating about 40 minutes.