Tuesday, November 13, 2012

Verdict Survey: Dialysis Machine in Charleston County

Capsule Summary: A federal court in Charleston County returned a judgment of $50,398 for a seventy-nine-year-old male dialysis patient who sustained injuries when a renal machine failed during treatment.

Case Information: Kasie Blake v. DVA Renal Healthcare, C/A No. 9:06-1257

Date of Verdict: February 27, 2008

Venue: United States District Court for the District of South Carolina, Charleston Division

Judge: Solomon Blatt, Jr.

Factual Background: Kasie Blake ("Plaintiff") was a married, seventy-nine-year-old dialysis patient at DVA Renal Healthcare ("Defendant").  During one of his dialysis procedures, the machine stopped working.  Plaintiff alleged negligence against Defendant in that the machine was not effectively prepared to restart if it lost power.  His wife also alleged a claim for loss of consortium.  Defendant denied responsibility for the machine's failure and disputed Plaintiff's damages.

Experts: None listed.

Alleged Damages: Plaintiff alleged he developed First Use Syndrome which is an anaphylactic reaction to an artificial kidney.  Symptoms include sneezing, shortness of breath, wheezing, back and chest pain, and risk of death.  Plaintiff required six days of hospitalization and continued to complain of complications thereafter.

Disposition: The lawsuit resulted in a $50,398 judgment.  Although I assume this was a jury verdict, the report does not specify one way or the other (i.e., it only indicates a "judgment"). 

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