On May 1, 2002, plaintiff Emanuel Badger, 30, an assistant director of a home nursing service, presented to the emergency room of Montefiore Medical Center, in the Bronx. He reported that he was suffering a fever, joint pain, a severe headache and shaking chills. He was also determined to be suffering a rapid heart rate and some paresthesia of his fingers and hands. Badger was examined, but no blood or urine was taken for testing, and doctors rendered a diagnosis of “probable viral syndrome.” He was discharged with instructions to take Tylenol and drink fluids, and a follow-up appointment was scheduled for May 6, 2002.
On May 5, Badger returned to the emergency room, and he reported that his symptoms had worsened. A blood test was performed, and Badger was diagnosed with bacterial endocarditis, which was found to have invaded and damaged his heart and arteries.
Badger sued Montefiore Medical Center. He alleged that the hospital’s doctors failed to timely diagnose his condition. He further alleged that the failures constituted malpractice.
Badger’s counsel claimed that Badger’s initial signs and symptoms suggested a bacterial infection. He contended that a urinalysis and blood work were warranted, but that the hospital’s staff failed to perform any tests at that time. Badger’s experts contended that a complete blood count would have revealed a bacterial infection. The experts also opined that a urinalysis would have shown further evidence in support of a bacterial infection and may have led to further tests. However, they also conceded that a urinalysis cannot definitively diagnose a bacterial infection in this setting.
Badger’s counsel claimed that the failure to perform these tests caused the infection to spread and caused damage to Badger’s heart and arteries. He contended that if this condition was properly diagnosed during Badger’s first visit, he would have been given intravenous antibiotics and would have been fine, without further problems.
Badger’s ex-girlfriend and mother claimed that Badger’s condition worsened in the days following his discharge on May 1. Badger’s ex-girlfriend contended that she was with Badger every day and that, as his condition worsened, she became very concerned. She further claimed that Badger did not return to the emergency room because he “had been told things would get worse before they got better.” Badger claimed that this caused him to wait until May 5. Badger’s expert cardiologist opined that if Badger had returned to the hospital within 48 hours of his discharge, all the surgeries and other complications of the endocarditis could have been avoided.
Defense counsel contended that Badger’s May 1 signs and symptoms did not warrant further tests and suggested that he was only suffering a virus. The defense’s infectious-diseases expert contended that a blood test would not have shown any signs of a bacterial infection at that time. He opined that Badger’s experts used the lab work performed on May 5 to extrapolate back to May 1 and thus assume that the infection was present on May 1. He contended that this determination by Badger’s experts was speculative and relied improperly on hindsight thinking.
The defense’s emergency-room expert also opined that Badger’s initial signs and symptoms suggested a relatively benign condition.
Defense counsel denied that any doctor or staff member said that “things would get worse before they get better.” He argued that this was inconsistent with the printed discharge instructions, which stated that Badger was told to return immediately if his condition worsened or if he developed new symptoms. He also argued that Badger was culpably negligent for failing to return to the hospital sooner, when his condition became worse.
Badger suffered a staph infection that invaded and destroyed the mitral valve in his heart. The infection also weakened his arteries, causing him to suffer aneurysms. As a result, Badger required surgical replacement of the mitral valve. He also underwent two surgical procedures to correct an aneurysm and a pseudoaneurysm.
Badger claimed that as a result of his injuries, he is required to be on Coumadin, a blood-thinner, for life. He contended that he used to be a triathlete, but that as a result of his condition he can no longer do anything that has a risk of trauma.
Badger sought recovery of $450,000 for his past medical expenses, $400,000 for his future medical expenses, $10 million for his past pain and suffering, and $5 million for his future pain and suffering.
The jury found that there was no departure from accepted practice by not performing a complete blood count. However, it also found that Montefiore Medical Center’s staff departed from accepted practice by not performing a urinalysis. Thus, Montefiore Medical Center was found liable for Badger’s condition. The jury determined that Badger’s damages totaled $5.45 million.
Emanuel Badger
$250,000 Personal Injury: Past Lost Earnings Capability
$200,000 Personal Injury: FutureLostEarningsCapability
$3,000,000 Personal Injury: Past Pain And Suffering
$2,000,000 Personal Injury: Future Pain And Suffering