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Case of the Month June 2015

Failure to Detect Cyst Results in Stroke; $10M Settlement

Jergenson v. Continental Casualty Co.

Case Type:
Medical Malpractice-Procedures & Treatment - Failure to Diagnose/Treat
Medical Malpractice-Procedures & Treatment - Brain
Medical Malpractice-Physicians & Health Professionals - Family Practitioner
Medical Malpractice-Physicians & Health Professionals - Emergency Physician
Medical Malpractice-Facility - Hospital

Specific Liability:
Failure to detect colloid cyst resulted in catastrophic stroke

General Injury:
Stroke; medical expenses; loss of income

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Fourth Judicial District, Manitowoc County.

Case Name:
Miranda Jergenson v. Continental Casualty Company, Charles Pratt, Ekaterina Roman, Wisconsin Injured Patient's and Family's Compensation Fund

Docket/File Number:
2010-CV-000945

Result Amount:
$10,000,000

Result Date:
December 16, 2013

Judge:
Jerome L. Fox

Attorneys:
Plaintiff: Daniel A. Rottier, Habush Habush & Rottier SC, Madison, WI; D. James Weis, Habush Habush & Rottier SC, Wausau, WI; James M. Fergal, Habush Habush & Rottier SC, Milwaukee, WI
Defendant (Pratt): Winston A. Ostrow, Godfrey Kahn SC, Green Bay, WI; Sherry D. Coley, Godfrey Kahn SC, Green Bay, WI
Defendant (Roman): Mark E. Larson, Gutglass, Erickson, Bonville & Larson SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Gordon Baustian, M.D., Family Physician, Cedar Rapids, IA; Robert Taylor, M.A., Vocational Rahabilitation, Vocational Diagnostics, Phoenix, AZ; Karl Egge, Ph.D., Economist, Macalester College, St. Paul, MN
Defendant: Not reported.

Breakdown of Award:
$10,000,000.00 to plaintiff from defendant Pratt

Summary of Facts:
According to the plaintiff's lawyer:

Miranda Jergenson, 20, went to the Aurora Medical Center emergency department complaining of a headache that had started the previously evening. She was discharged with a diagnosis of headache, prescribed medication and told not to watch tv/test/read/use a computer.

She saw her family practitioner, Dr. Ekaterina Roman, nine days later and advised her the headaches were continuing. Roman diagnosed cluster headaches, gave Jergenson Treximet, which appeared to resolve the headache while she was in the office. She asked to see Jorgenson two weeks later to arrange for imaging and procured a prescription for Imitrex, which was covered by her insurer.

Jergenson contacted Roman's office nine days later and left a message indicating the headaches were getting worse. A nurse returned her call and informed her Roman had prescribed Treximet.

Jorgenson returned to the emergency department three days later and was seen by Dr. Charles Pratt complaining of 10/10 pain. Pratt diagnosed migraine headaches and discharged her.

Jorgenson returned to the emergency department the next day and was diagnosed with a colloid cyst that had herniated and caused an obstructive hydrocephalus. The stroke caused her to sustain catastrophic neurological injuries, which will require her to need constant care for the rest of her life.

Jergenson filed a lawsuit against Pratt, Roman, Continental Casualty Company, and Wisconsin Injured Patient's and Family's Compensation Fund. The plaintiff contended a CT and/or MRI should have been performed, which would have discovered the cyst and prevented the catastrophic outcome.

The defendants contested negligence and the amount of damages sustained by the plaintiff.

Roman was dismissed, and Pratt stipulated to liability during the trial.

A settlement was reached in the amount of $10 million.

Court: Circuit Court of Wisconsin, Fourth Judicial District, Manitowoc County.

Westlaw Citation:
2013 WL 10480150