According to Dallas new sources, 53 year old David Fitzgerald was just awarded a $17.5 million award by a Dallas County civil jury. Fitzgerald, a former maintenance worker for an apartment complex in North Dallas, lost both his arms and legs due to a severe MRSA (meticillin-resistant Staphylococcus aureus) infection.
The jury ordered that Fitzgerald could receive up to $7.5 million from the infectious disease specialist who treated him in 2003, Dr. Meenakshi S. Prabhakar. Judge Jim Jordan of 160th District Court also awarded $10 million for Fitzgerald's pain, mental anguish and physical disabilities this past Friday.
According to Texas law, Fitzgerald cannot collect more than $250,000 for non-economic damages. This limit was established in 2003 by Texas Legislature and applies to all medical malpractice cases in the state. However, according to state Legislature, medical costs and lost wages may be collected by an injured individual for the remainder of his/her life.
When asked about the settlement, Dr. Prabhakar refused to make any comments. However, his attorney told news sources that his client will most likely appeal the court ordered award. Fitzgerald's lawyer, Linda Turley, claims that the malpractice caps were a "tragic unfairness" to her client as he has had to rely upon his family members each and every day for the past 6 years of his life. She said that Fitzgerald, "can't bathe by himself, can't get out of the house by himself and will need assistance for the rest of his life."
Court records indicate that Dr. Prabhakar treated Fitzgerald just over six years ago when the man developed an infection following his ulcer surgery at the RHD Memorial Medical Center, which is located in Farmers Branch. The doctor's lawyer alleged that his client gave 8 different antibiotics to Fitzgerald to stop the infection, but that not a single drug was capable of treating MRSA. MRSA is known to be quite deadly as it is resistant to antibiotics and can spread rather quickly.
After developing MRSA Fitzgerald went into septic shock, which caused permanent damage to both of his arms and both of his legs. When the infection was finally diagnosed, gangrene had already developed on Fitzgerald's limbs. The only way to stop the infection from spreading further was to remove Fitzgerald's limbs.
The jury presiding over the medical malpractice case ruled that Dr. Prabhakar was 100% responsible for the injuries Fitzgerald incurred while at the hospital, but also agreed that the doctor was not guilty of "gross negligence".
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