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Jury verdict in favor of victims who contracted Hepatitis C

Each day individuals throughout Western Pennsylvania turn to medical professionals to address illnesses and injuries they suffer. In some cases visits to medical providers are preventative in nature, designed to keep the person as healthy as possible by identifying any health issues as early in their development as possible. When medical errors are committed in any of these situations that result in harm to the patient, a medical malpractice lawsuit may be appropriate.

An ailment that has been receiving a lot of press as of late is Hepatitis C. Last month we wrote a post about a lawsuit that was filed by several individuals who contracted the disease while undergoing procedures at an endoscopy clinic located in Nevada. A total of nine patients reportedly contracted the infection allegedly due to unsanitary conditions. The medical malpractice lawsuit was especially interesting as the plaintiffs in the case sought to hold the clinic's insurance company, Health Plan of Nevada, liable for the injuries. In this post we provide an update on the matter.

A jury recently found the health management organization was negligent in the case. It awarded three plaintiffs a total of $24 million in compensatory damages. Of that amount $9 million was for a 76-year-old woman. An additional $12 million was allotted to a 70-year-old female victim. The remaining $3 million went to that woman's husband. The doctor who ran the clinic was not named as a defendant in this lawsuit.

Several days after the verdict was announced, the jury also determined the amount of punitive damages to be awarded in the case. In this decision, the jury awarded an additional $500 million to the injured individuals. Perhaps not surprisingly, Health Plan of Nevada has indicated it plans on appealing the verdict.

Source: Courthouse News Service, "$24 Million Award in Hepatitis C Case," Nick DiVito, April 8, 2013

The Wall Street Journal, "Jury Awards $500 Million Damages in Hepatitis Case," Anna Wilde Mathews, April 9, 2013

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