HEALTH SENSE: LAWSUITS CHALLENGE STATE MEDICAL MALPRACTICE CAPS

Original Story: madison.com

Pressure could be building against Wisconsin’s caps on damages in medical malpractice lawsuits.
Two Milwaukee County cases are challenging the state’s $750,000 cap on non-economic damages, the Milwaukee Journal-Sentinel reported this month.

A Dane County case challenging a separate $250,000 cap on total damages against UW-Madison doctors is pending in the state Court of Appeals. A Milwaukee Medical Malpractice Lawyer has experience managing injury cases involving medical malpractice.

One of the Milwaukee cases involves Ascaris Mayo, a 53-year-old mother of four who had to have all of her limbs amputated in 2011 after a strep infection went undetected at Columbia St. Mary’s Hospital in Milwaukee, the Journal-Sentinel reported.

In July, a jury awarded Mayo and her husband $25.3 million. That included $15 million for pain and suffering and $1.5 million for his loss of companionship, non-economic damages limited by state law to $750,000.

Tyree Roberts, 23, was awarded $2.2 million in June after a jury said nurses failed to recognize symptoms of compartment syndrome, which caused him to undergo several surgeries and lose sensation in his left leg. A Milwaukee Personal Injury Lawyer is reviewing the details of this case.

That award includes $1.5 million for pain and suffering, limited to $750,000 under the state cap adopted in 2006 after the state Supreme Court threw out the previous cap of $350,000, which was adjusted for inflation.

In hearings this month about the validity of the cap in the Milwaukee County cases, judges called into question the state’s $1.15 billion Injured Patients and Families Compensation Fund, which has grown in recent years as the number of malpractice cases has declined.

The fund, supported by premiums from doctors, covers malpractice awards over $1 million.

The $1.15 billion is an “obscene amount,” the Journal-Sentinel quoted Circuit Court Judge David Hansher as saying.

Wisconsin Medical Society lobbyist Mark Grapentine defended the size of the fund, saying it has to be robust to handle potential outlays.

The Milwaukee County cases appear to be headed to the state Supreme Court, the Journal-Sentinel reported.

In the Dane County case, Terri Fiez of Verona won a $1.8 million jury award last year for her husband’s death after he was treated at UW Hospital. The jury found Dr. Jonathan Keevil, who works for UW-Madison, negligent.

The state limits total damages against UW doctors and other state employees to $250,000.

Circuit Court Judge John Markson upheld the cap, citing a state Supreme Court’s ruling maintaining a similar $50,000 cap against municipalities.

But, Markson wrote, “I believe the plaintiffs provide cogent arguments that deserve close examination by our Supreme Court, which is the only court that can modify or overrule the decisions that I believe are controlling.”

Markson said the Legislature set the state employee cap in 1979 at $250,000, equal to $72,000 today. An equivalent cap today would be $800,000, he said.
Guy DuBeau, an attorney for the Wisconsin Hospital Association and the Wisconsin Medical Society, wrote in a brief in the appeal that the Legislature “crafted these policies consistent with the well accepted principle that it, and not the courts, is better suited to weigh the policies involved.”

William Gleisner, an attorney with the Wisconsin Association for Justice, wrote that the $250,000 cap is “an insult to the citizens of Wisconsin because it encourages public employees to believe that there is no downside to their failure to adhere to those basic standards, regulations or guidelines.”

NFL Report Shows Firm Concealed Dangers

 Story first reported from ESPN

The company that designed and built the ill-fated Dallas Cowboys' practice facility knew long before the giant, tent-like structure collapsed three years ago that it was in danger of falling and concealed the problem, company documents obtained by The Associated Press reveal.

The emails, handwritten notes and other documents, which have not been released publicly, indicate that Summit Structures LLC knew far more about the perilous condition of the facility than has been reported and raise fresh questions about similar steel and fabric structures erected by the now-defunct Allentown, Pa., company.

An engineering consultant hired by Summit wrote in an email to company executives in April 2008, 13 months before the collapse, the evidence grows more and more disturbing.

The facility toppled spectacularly in a sudden wind storm as the Cowboys conducted a rookie minicamp in May 2009. Falling debris severed the spinal cord of team scout Rich Behm, leaving him paralyzed from the waist down, and broke special teams coach Joe DeCamillis' neck. Ten other people were less seriously injured.

The documents reveal that Summit knew the facility was prone to buckling and planned to provide the Cowboys, who had complained about the building's structural integrity, with engineering calculations that would hide the defect.

Summit replaced the facility's fabric cover and made some structural repairs in May 2008. But the federal agency that investigated the disaster found that the repairs were minor and inadequate for reinforcing the frame.

The documents also indicate that the Cowboys accepted Summit's repairs without making the company's calculations available to an expert the team had hired to review the work.

Frank Branson, the attorney for Behm and DeCamillis, said the fact that Summit appears to have known the building could collapse a year before the accident makes his clients' injuries even more inexcusable. A Milwaukee personal injurylawyer agrees with Branson, saying that the case is unique because of the knowledge that there was a high potential of harm.

The tragedy that left Behm and Decamillis injured was preventable, Branson said.

Behm and DeCamillis received $24 million from Summit's Canadian parent, Cover-All Building Systems, and another $10 million in cash and other considerations from companies controlled by Cowboys owner Jerry Jones to settle lawsuits.

Nathan Stobbe, who was the president and chief executive officer of Summit and Cover-All, said the documents do not provide an accurate portrayal of the company but declined to elaborate.

Cowboys spokesman Rich Dalrymple said the team would not comment on the documents.

The documents show the Cowboys began questioning the facility's structural integrity in 2007, four years after it was built, and wanted their engineering expert to be apprised of what was being done to rectify the problem.

Summit was told by its own engineering firm that the frame was overstressed, but the company did not want that information to get to the Cowboys or their expert, Charles Timbie, according to the documents.

The handwritten notes of Summit legal counsel Terry Dahlem in early 2008 stated that portions of the frame were "too slender and long" and "prone to buckling" and that the engineering firm addressing the problem would "hide" the calculations in its analysis.

In a 2010 deposition, Dahlem said he likely was taking notes during a conversation with Jeff Galland, then an employee of a Las Vegas firm, S2 Engineers, which worked on Summit projects.

Galland declined to comment when contacted by the AP. He testified in a 2010 deposition that he didn't remember the conversation described in Dahlem's notes but added he would never suggest "hiding anything."

Galland held the title of engineering director for S2 Engineers even though he lacked a college degree and had spent time in federal prison for drug and weapons convictions.

A few weeks later, Dahlem forwarded an email from Galland to Stobbe in which Galland warned that the frame was overstressed based on design loads.

Dahlem informed Stobbe that the Cowboys would be satisfied if the building received a new cover.
 

Dahlem wrote that the Cowboys didn't mention the need for Galland's engineering approval in correspondence, and everything was going as planned, regardless of Galland's calculations. An Ohioemployment lawyer says that all parties involved are at some sort of fault for the way information was handled.

An examination of court records and published reports by the AP shows that at least 14 other structures designed and built by Summit or Cover-All have failed in the last 10 years in the U.S. and two foreign countries. Eleven occurred before the Cowboys' facility fell. There are no known injuries from those collapses, which involved buildings primarily used as warehouses, barns and equestrian facilities.

Summit and Cover-All ceased operations when Cover-All filed for bankruptcy in March 2010. At the time, Stobbe announced that the firm had "recently" become aware of a design flaw that made its smaller buildings "susceptible to collapse" in wind and snow. Cover-All built approximately 35,000 of those buildings worldwide, according to a company brochure.

In addition to the Cowboys' facility, Summit designed and built large football practice facilities for the New England Patriots, Texas A&M and the University of New Mexico.

Spokespersons for the universities and the Patriots said their facilities have been analyzed by independent engineers and reinforced, in some instances extensively.

Summit was initially involved in the reinforcement work on the Texas A&M and New Mexico facilities, but another company has taken over, spokespersons said.
 

Dianne Anderson, communication director at the University of New Mexico, said they are not relying on Summit Structures for analysis or work, where the retrofitting is ongoing.

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