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Frank A. Douglass Insurance Agency

Attorney Discusses $9 Million Lawsuit Against Aspirus

A Houghton County jury has delivered a verdict in the largest Upper Peninsula malpractice suit to date.

A local woman was recently awarded $9 million as a result of being prescribed the wrong medication.

 

The Circuit Court case was heard by the Honorable Charles Goodman and proved that Houghton County resident Julie Harris suffered from ototoxicity and nephrotoxicity due to the negligence of her primary care physician, and pharmacists.

Harris’s Attorney, Brian McKeen says that she was prescribed Tobramycin, a dangerous antibiotic that requires regular blood level monitoring and her physician failed to do so.

McKeen said, ‘The Risk of Tobramycin therapy is that it can cause kidney damage and vestibular damage or hearing loss.” Someone who has vestibular dysfunction will have difficulty with balance, difficulty with focusing and it’s very disabling.”

McKeen says these affects are permanent and says it’s unclear why the physician chose Tobramycin.

McKeen said, ‘That was one of the basis of the case, there was no particular rhyme or reason. I mean this woman has had infections before, but Dr. Hafeman didn’t do her homework in ascertaining what’s the safest drug to use under these circumstances. And, if I’m going to use it how do I monitor it so the patient doesn’t develop these known adverse effects.”

The $9 million verdict was based on the jury’s decision to award Harris her $8 million claim for ongoing care, plus $1 million for pain and suffering.

McKeen also says that Harris’s loss of earnings were a factor in the jury’s decision.

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