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Case of the Month October 2018

Fatal Med Mal Claim Settles for $200K

Collins v. Lamers

Case Type:
Medical Malpractice - Doctor Malpractice
Medical Malpractice - Unsafe or Improper Diagnostic Test Medical Malpractice - Failure to Inform

Specific Liability:
Defendant made four attempts to extract fluid during a diagnostic pericardiocentesis

General Injury:
Death

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

Related Court Documents:
Plaintiffs' second amended complaint: 2016 WL 11331970
Order for approval of minor settlement: 2017 WL 9751051

Case Name:
Collins, Esate of v. Lamers, MD

Docket/File Number:
2015-CV-001152

Result Amount:
$200,000

Result Date:
November 29, 2017

Judge:
Barbara Key

Attorneys:
Plaintiff: Timothy S. Knurr, Gruber Law Offices L.L.C., Milwaukee, WI
Plaintiff: Phillip S. Georges, Gruber Law Offices L.L.C., Milwaukee, WI
Defendant: Nathaniel Cade Jr., Cade Law Group L.L.C., Milwaukee, WI
Defendant: Matthew Fricker, Cade Law Group L.L.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $200,000

Summary of Facts:
Trevin Collins, an adult male medical patient, died as a result of a cardiac tamponade following a diagnostic pericardiocentesis to tap his posterior pericardial effusion by defendant Luke Lamers, M.D. The plaintiff estate contended that the defendant made three additional attempts to extract fluid after the first attempt resulted in a straw covered fluid. The estate contended additional attempts to obtain fluid were not necessary since the procedure was diagnostic. The defendant allegedly informed the family that the procedure went fine and he obtained clear fluid. The family was not informed that four attempts were made and the final attempt produced obtained bloody fluid. The decedent was survived by his parents and his minor daughter. The decedent's minor daughter received $121,670 from a settlement in the amount of $200,000, which was to be used to purchase an annuity for her benefit.

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

Westlaw Citation:
2017 WL 9808513