$25 Million Dollar MRSA Lawsuit!!!

[nradsoit3]

I feel so fulfilled having the "privilege" to partake in the noblest of all professions

http://www.newsday.com/news/local/newyork/ny-limrsa1031,0,2689366.story

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[gng930]

Can't really blame the mother, it would definitely be interesting to view the details of the patient's course.

I can't help but laugh at the recommendations by officials about hand-washing. Who seriously thinks that a bunch of pre-teens are going to remember to wash their hands? You can't even get adults to do it enough.

 

[BlackNDecker]

"He was a healthy kid. I don't want somebody else to suffer like he did."
so I need $25 Million, cash, to make sure this never happens again...

Nradsoit3, it's not the profession that's in trouble, it's the COUNTRY


It's just a matter of time until the first lawsuit comes out where a medstudent/resident/attending sues the hospital/city/state/world cause they got a "super bug" infection

It's a shame that we're telling people to "wash your hands" to prevent getting infected...every time one of these kids pick their nose is like sticking his/her finger in the cookie jar.

On a side note, I heard a lady on the news call it the MRSA virus

 

[GoodMonkey]

he 'caught mrsa?' what kind of mrsa infection? pneumonia? urinary tract infection? cellulitis?

people [general public] are such ****ing idiots.

 

[AlternateSome1]

In one article there were several direct quotes from the lady that were pretty telling about her level of education. Some ambulance chasing lawyer waved a big green dollar sign in front of her face and she bit hard. It is great to know how easy it is to set a dollar value on your child's life.

http://www.nypost.com/seven/10302007/news/regionalnews/boys_staph_death_prompts_notic.htm

 

[SOUNDMAN]

It's a shame that we're telling people to "wash your hands" to prevent getting infected...every time one of these kids pick their nose is like sticking his/her finger in the cookie jar.

You are assuming he's colonized and a carrier, what percentage of kids do you really think are colonized and carriers of MRSA?

 

[docB]

You are assuming he's colonized and a carrier, what percentage of kids do you really think are colonized and carriers of MRSA?

It's becoming a lot more common.

http://forums.studentdoctor.net/showthread.php?t=205387&highlight=MRSA

 

[SOUNDMAN]

I guess my point is how many kids in general are colonized or are carriers? I would say that they are definitely at the lower end of the spectrum, compared to hospitalized, drug users, homeless, etc. But I agree, as the article suggests, that if you have a kid presenting with a SSTI that MRSA should definitely be one of the bugs on your mind and needs to be evaluated for that possibility.

We were beginning to essentially swab anyone that was coming in for elective orthopedic surgery and treating anyone that was a carrier, prior to surgery. I think this is going to become the norm in elective surgical cases. However some of the cost effectiveness studies are still pending from what I've read.

Hand washing is still a viable way to protect against the spread of any microbe and should be encouraged, even if you do pick your nose...

 

[EUA]

On a side note, I heard a lady on the news call it the MRSA virus

Ah yes, I heard this little gem on my local news this morning too. Love it.

 

[angel80]

Ah yes, I heard this little gem on my local news this morning too. Love it.

I did an acute care clinic rotation in October, and I can't tell you how many people came in each day with the chief complaint "I want to be tested for the MRSA virus." I don't think anyone, including those in the media, have any clue what MRSA is.

 

[justwondering]

i think that second article shed a lot more light on the nature of the infection. sounds like he had an abscess/cellulitis, he went to a clinic and got amoxicillin, then later showed up at the ER with some sx that made them think he was allergic to the motrin. it's entirely possible that the ER docs didnt know what abx he was on (how many times do u have pts who dont know the name of the med theyre on to tell u) and assumed it was bactrim or something else that would cover MRSA and sent him home with the benadryl. there are 300 ways this thing could have happened. i wonder it they approached him with an I and D kit. I've had peds pts who have basically kicked us (3-4 ppl trying to hold em down) off them so we couldn't do an I and D and instead sent them home with abx with instructions to return if it didnt improve. Or maybe the ER staff WAS just negligent and missed the boat.

 

[Tired]

i think that second article shed a lot more light on the nature of the infection. sounds like he had an abscess/cellulitis, he went to a clinic and got amoxicillin,

I've been seeing this lately. When did amox become standard of care for any skin infection? Idiots.

 

[TRAMD]

"In the emergency room, they don't do nothing," Rivera said.

This chick is a genius! My son don't be alive no more.

I love how they call it the SUPERBUG as if it can fly and shoot lasers out of its eyes

 

[Miami_med]

This is the sort of crap that destroys the whole system. What are the economic damages? He was a teenager. I'd be interested to learn what the mother does for a living (if anything). I just find it ironic that this is probably a case of an individual who lives off of handouts taking her kid to a public hospital and demanding free care, and after said care was administered with what atleast sound like a logical conclusion, she sues for an infinity times her income because of her pain and suffering. What if the doctor saved the kid's life? That'd all be in the line of duty, and she probably wouldn't be looking to pony up the $25 million that his life is worth. If we're going to put a dollar value on a life (which is ******ed anyway), we might as well get paid the same amount for saving one as we get charged for losing one.

 

[LADoc00]

LMAO...let her sue, let everyone with a superbug sue. Let attorneys close down every hospital and medical center in the US.

At which point I will launch my brilliant plan to take over the world...

 

[TRAMD]

This is the sort of crap that destroys the whole system. What are the economic damages? He was a teenager. I'd be interested to learn what the mother does for a living (if anything). I just find it ironic that this is probably a case of an individual who lives off of handouts taking her kid to a public hospital and demanding free care, and after said care was administered with what atleast sound like a logical conclusion, she sues for an infinity times her income because of her pain and suffering. What if the doctor saved the kid's life? That'd all be in the line of duty, and she probably wouldn't be looking to pony up the $25 million that his life is worth. If we're going to put a dollar value on a life (which is ******ed anyway), we might as well get paid the same amount for saving one as we get charged for losing one.

Wow! I grant you a 346 IQ automatically. Great post.

 

[Dr34566]

This is the sort of crap that destroys the whole system. What are the economic damages? He was a teenager. I'd be interested to learn what the mother does for a living (if anything). I just find it ironic that this is probably a case of an individual who lives off of handouts taking her kid to a public hospital and demanding free care, and after said care was administered with what atleast sound like a logical conclusion, she sues for an infinity times her income because of her pain and suffering. What if the doctor saved the kid's life? That'd all be in the line of duty, and she probably wouldn't be looking to pony up the $25 million that his life is worth. If we're going to put a dollar value on a life (which is ******ed anyway), we might as well get paid the same amount for saving one as we get charged for losing one.

Umm... a lifetime of earnings? What do you mean by what are the damages? A young person generally would have more economic damages than an older person, unless the older person had a decent job.

And are you implying a low class mom cannot produce a son of potential for great future earnings? It seems like you are suggesting this, but pardon me if I'm incorrect.

I'm not passing judgment on the lawsuits merits but you seem to have incorrect notions as to how economic damages are typically calculated.

 

[Doowai]

If she really was altruistically concerned that nobody else suffer as her son did, she would have asked that the award be used to improve the situation.

"Green poultice's" like this don't cure anything.

 

[Miami_med]

Umm... a lifetime of earnings? What do you mean by what are the damages? A young person generally would have more economic damages than an older person, unless the older person had a decent job.

And are you implying a low class mom cannot produce a son of potential for great future earnings? It seems like you are suggesting this, but pardon me if I'm incorrect.

I'm not passing judgment on the lawsuits merits but you seem to have incorrect notions as to how economic damages are typically calculated.

I am implying that earning potential has to be calculated based on some objective marker. At this point, he has no job, no responsibilities, he is not supporting anyone, including himself, and he comes from a family that also doesn't make a lot of money. Sure, he could make a lot of money. I often say that people can rise above their circumstances, which is usually followed by ten posts berating me for my lack of social conscience. Anyone could do well. As of right now though, he doesn't. The number has to come from somewhere unless you are claiming that all damages should be about pain and suffering. It can't just be a nebulous concept, where we get all warm and fuzzy inventing bigger numbers to punish the evil doctor's insurance company

If he were a middle class man who supported a stay at home wife and 4 kids, the economic loss WOULD BE LARGER. This has nothing to do with the inherint value of his life, on which I've already stated it would be ridiculous to put a dollar value on. His economic circumstances are currently bad, he has no evidence at this time that they WILL become better, so we should make damages decisions based on what is. If we argue on the concept that everyone MIGHT do better, than all awards should be $600 million, since the person might have scratched the winning multi-state powerball number were he alive to do it.

The final concept, is that the person suing isn't him. He's dead. It's the mother. What is the mother's economic loss? Pain and suffering I understand. She has no economic loss, unless he's supporting her. Correct me if I'm wrong, but I don't believe that this is the case.

I don't care how things are typically calculated, as most awards are usually emotional grab bags that aren't based on anything objective. That's my problem. Logic doesn't hold here.

 

[Tired]

And are you implying a low class mom cannot produce a son of potential for great future earnings?

If the cost of incarcerating him exceeds his projected total lifetime earnings, does that mean the state doesn't have to pay anything?

 

[NotAProgDirector]

What I find crazy about these calculations is:

1. $25 million over 40 years (assuming someone works from 25 to 65) is $625,000 per year. That's a nice salary.

2. These calculations seem to only take into consideration how much you would make, not how much you would cost. Even if you make a decent salary, there's still all your living expenses you have to pay for.

3. If you get a payment like this from a lawsuit, you get all of someone's future income in one lump sum. In reality, this would be amortized over a lifetime.

I feel terrible for this guy's family. It's still unclear if there was any "mistake" here as we've only heard one side of the story. Even if so, giving his mother $25 million does nothing to help solve this sort of problem.

 

[EDRN]

"I wish I had more information, I wish I felt safer," said one teacher, who declined to give her name but said that only 12 of her 20 students came to school Tuesday. "You ask yourself, 'Is soap and water the answer?' "

Why do people find it so hard to accept the easy answer? It seems that a large portion of the population are looking for "drama", looking for something horrible to be wrong with them, their kids, their Mom,..people never accept "It's a virus, go home, get plenty of rest, drink lots of fluids" They want that magic pill that's going to make everything better NOW.
Then when they do actually need an antibiotic they take two doses, aren't better so they go to another ER, c/o the same SX get told the same thing and it all starts over again! Or god forbid the antibiotic causes nausea, or diarrhea, "I'm allergic to that, I can't take it."
Three years later, and 50 partial doses of different antibiotics, living on chicken tenders and french fries, spending 10 hours a day in front of the TV, imagine,.someone really gets sick! Then throw in an uninformed reporter and a few lawyers and everyone panics!!
What is wrong with everyone?? I understand that not everyone is medically educated, not everyone knows there is a difference between a virus and a bacteria,.but that's why we turn to the professionals and ask for their experienced opinion! When I take my Cadillac to the dealer and he tells me I need to replace the air filter,.I don't say naaaaa,.I'm sure it's the brakes,.give me new brakes.
Sorry,.crappy night in triage,...guess every-ones stupidity means job security for me!!

 

[drbon]

If the cost of incarcerating him exceeds his projected total lifetime earnings, does that mean the state doesn't have to pay anything?

you guys are cruel. the truth is that someone messed up and a child died. i'm not saying that suing for that crazy amount of money is the answer, but cut the woman some slack. and her name is "Rivera". considering her horrendous grammar, i'd guess that English is NOT her first language. so I don't know what you guys are making fun of her for and calling her "dumb" etc. Maybe she's not the most intelligent woman in the room, but I know a few FMGs whose grammar is just as bad....

 

[dkpwalker]

you guys are cruel. the truth is that someone messed up and a child died. i'm not saying that suing for that crazy amount of money is the answer, but cut the woman some slack. and her name is "Rivera". considering her horrendous grammar, i'd guess that English is NOT her first language. so I don't know what you guys are making fun of her for and calling her "dumb" etc. Maybe she's not the most intelligent woman in the room, but I know a few FMGs whose grammar is just as bad....

Now why did you have to go there?

 

[drbon]

[/B]
Now why did you have to go there?

hey i wasn't saying anything bad about FMGs. on the contrary, i was trying to say that people can be intelligent but still speak English horribly, simply because it isn't their first language

 

[drlisa0318]

you guys are cruel. the truth is that someone messed up and a child died. i'm not saying that suing for that crazy amount of money is the answer, but cut the woman some slack. and her name is "Rivera". considering her horrendous grammar, i'd guess that English is NOT her first language. so I don't know what you guys are making fun of her for and calling her "dumb" etc. Maybe she's not the most intelligent woman in the room, but I know a few FMGs whose grammar is just as bad....

It seems that most of the posters are essentially saying that the "someone" who messed up isn't necessarily the doctor(s) as the parent and the media automatically assume. Obviously we aren't privy to all the pertinant details, but it's certainly in the realm of possibilities that the parent should shoulder at least part of the blame. Several scenarios that could have led (or at least contributed) to the the child's death have been suggested. No one likes the idea that a parent, whether through ignorance or negligence, contributed to the death of their child, but it happens.

 

[Miami_med]

you guys are cruel. the truth is that someone messed up and a child died. i'm not saying that suing for that crazy amount of money is the answer, but cut the woman some slack. and her name is "Rivera". considering her horrendous grammar, i'd guess that English is NOT her first language. so I don't know what you guys are making fun of her for and calling her "dumb" etc. Maybe she's not the most intelligent woman in the room, but I know a few FMGs whose grammar is just as bad....

I don't think that it's cruel to say that the death of your child shouldn't be a big jackpot.

 

[drbon]

I don't think that it's cruel to say that the death of your child shouldn't be a big jackpot.

the cruelness was in some of the above posters' comments about the "low class" family and how they shouldn't get $25 million because the kid was not going to earn that much, but rather would have probably wound up incarcerated....the implication was that no one should be held accountable for that child's death because his mother is uneducated and would have raised an uneducated child. so much for physicians being "noble"

 

[docB]

the cruelness was in some of the above posters' comments about the "low class" family and how they shouldn't get $25 million because the kid was not going to earn that much, but rather would have probably wound up incarcerated....the implication was that no one should be held accountable for that child's death because his mother is uneducated and would have raised an uneducated child. so much for physicians being "noble"

You just keep being noble when you're handed your first subpoena. Good luck with that.

 

[Tired]

the cruelness was in some of the above posters' comments about the "low class" family and how they shouldn't get $25 million because the kid was not going to earn that much, but rather would have probably wound up incarcerated....the implication was that no one should be held accountable for that child's death because his mother is uneducated and would have raised an uneducated child. so much for physicians being "noble"

For the record, I was the only person who suggested that she shouldn't get money because the kid probably would have gone to jail anyway.

I find it funny that you automatically assume that someone should be "held accountable" because the child died. Kids die all the time. Yes, it's sad. No, it doesn't mean it was someone's fault. Why does being "noble" mean paying out jackpots?

Besides, maybe if the mom had given the kid more baths, he wouldn't have been heavily colonized and subsequently developed an infection. I think the hospital should sue her for the cost of his care, since obviously it was her fault for not teaching better hygiene.

 

[OTD]

the truth is that someone messed up and a child died.

Contrary to what the liberal bleeding hearts would have you believe, just because a patient died does NOT mean someone "messed up". It does, however, mean that lawyers and the media will jump all over it every chance they get for someone to hit the medical malpractice "jackpot". That's all it is, nothing more. It has absolutely nothing to do with "justice" and everything to do with "jackpot".

Emotionally there is no amount of money worth a child, yours, mine or anybody elses. But, when making these judgements they should be made OBJECTIVELY, WITHOUT emotion. What's the likelyhood of ANY child making 3 million in their life let alone 25?

The problem is these judgements are almost never made objectively. Somebody gets up there and cries in front of a few sentimental jurors and some douchebag who just happened to have a bad outcome gets millions from some poor doctor who didn't actually make any kind of mistake other than trying to help a douchebag.

I'm not saying that is in this case in this particular instance. I am saying that about the thousands of cases each year where standard of care was received, no "mistake" was made and the patient just happened to have a bad outcome and "won the lottery" because he got a sympathetic jury.

The medmal case SHOULD be about standard of care and objective damages. What they ARE about is did the doctor piss you off, does he have a poor bedside manner and how gullible is the jury, and even if this is the best doctor in the world with 100% good medical care can we get the jury pissed off at him by making him appear arrogant or uncaring?

It has almost NOTHING to do with quality of care.

 

[Miami_med]

the cruelness was in some of the above posters' comments about the "low class" family and how they shouldn't get $25 million because the kid was not going to earn that much, but rather would have probably wound up incarcerated....the implication was that no one should be held accountable for that child's death because his mother is uneducated and would have raised an uneducated child. so much for physicians being "noble"

Well, what I said was that the payout should be reflective of some realistic economic damage. I stand by that.