Medical Malpractice Case Report: $4 Million for Failure to Treat Status Epilepticus Following Angiogram

Firm Partner Kathleen Flynn Peterson reached a $4 million medical malpractice settlement in a case involving a negligent failure to properly treat status epilepticus following an angiogram procedure resulting in permanent cognitive impairment. Read the following Minnesota Association for Justice (MAJ) Minnesota Case Report, Volume 29, Number 2, October 2010:

Selected Results*  

(Excerpts taken with permission from Minnesota Association for Justice (MAJ) “Minnesota Case Reports”)

This medical malpractice case involved the issues of proper treatment of non-convulsive status epilepticus ("NCSE") and whether NCSE can lead to permanent cognitive impairment.  Plaintiff developed seizures following an angiogram procedure which included the use of contrast dye.  She was admitted as an in-patient during which time serial EEGs confirmed the presence of seizure activity.  A neurologist was consulted, and although utilizing two different types of anticonvulsant medications, the seizure activity was never stopped.  Ultimately, plaintiff was transferred to the Mayo Clinic where NCSE was confirmed and seizures were stopped. Plaintiff has continued to exhibit cognitive impairment which prevents her from returning to her professional work as a physician.

Defendant's position was that the treatment for the seizures was consistent with accepted standards of medical practice and the treating physician in prescribing medication and treatment was balancing the risks associated with the medications against the risks of seizures.  Further, defendants contend that NCSE does not lead to permanent cognitive impairment and plaintiff's condition was more likely due to a reaction to the contrast dye, or another neurological condition

Settlement:  $4,000,000.