The Medical Malpractice and Personal Injury Blog

Brain Injury Malpractice Yields $15.2 Million

Posted by Mark Abramson on July 22, 2013

A Tennessee jury returned a $15.2 million verdict against Dr. Susan Lowry and Rebound, LLC for brain injuries a 17-year-old man suffered as a result of a car accident.  Rebound LLC is the company that owns HealthSouth Cane Creek Rehabilitation Hospital in Martin where Cody Wade was treated for his injuries. 

According to media reports about the case, "At the time of his admission to Cane Creek, the tracheostomy tube securing his airway remained in place. When Wade was discharged from The Med surgery clinic to Cane Creek, he was discharged with instructions to Cane Creek that he was to be returned to The Med surgery clinic in two weeks for a follow-up check on his trach and liver laceration.

According to the lawsuit, this follow-up appointment was never made by Cane Creek and Wade's tracheostomy was removed without any check-up from The Med surgery clinic. Lowry and Cane Creek did not consult with any specialists outside Cane Creek before removing Wade's tracheostomy tube."  As a result, Wade was deprived of oxygen for a significant portion of time which resulted in severe and irreversible anoxic brain injury. 

This particular brain injury malpractice case reveals a number of communication and procedural failures.  The medical staff failed to recognize the signs of oxygen deprivation and no follow-up care was provided the patient until it was too late.



Mark Abramson

Contact Mark Abramson:
1-800-662-6230 or abramson@arbd.com

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