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5/29/2009
Todd & Weld Attorneys Settle Claim Re Impending Stroke for $750,000

The plaintiff was a 56-year-old man who made an appointment to see his primary care physician because he was experiencing severe right-sided headache, dizziness, some weakness and tingling on his left side, and problems picking up his left foot.

When he arrived at the doctor's office, he was seen by the defendant nurse practitioner, who performed an EKG and consulted with the defendant primary care physician.  The PCP never came in to see the patient, and the patient was sent home with a prescription for aspirin and Atenolol.  Neither defendant recognized that he was suffering a stroke.

The plaintiff's condition worsened that night and he went to the emergency room the next day.  He was admitted and eventually suffered a progression of his stroke resulting in substantial physical and cognitive disabilities and could not return to work.

The plaintiffs retained four experts to testify that the defendants were negligent in failing to recognize that the plaintiff's symptoms were suggestive of a serious neurological event.  The defendants argued that their recommendations were in accordance with the standard of care and that earlier admission would not have made a difference.

The case settled prior to trial at mediation for $750,000.

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