Perrier & Lacoste Obtains Dismissal of Wrongful Death Damages and Close to $500,000 in Medical Expenses in Non-Emergency Medical Transportation Case in Mississippi – September 2022
This was a non-emergency medical transportation case, and the decedent had a complex medical history. The decedent allegedly fell from her wheelchair during transit to a medical appointment. She was treated at the ER and diagnosed with contusions, including a contusion to her hip, and discharged. Fourteen days later she was admitted to the hospital for sepsis, allegedly from a wound on her hip.
The plaintiff remained in the hospital for approximately 6 weeks when she unfortunately passed away. The hospital admission expenses totaled approximately $480,000.00.
Decedent’s mother brought a wrongful death suit against the transportation provider. In addition to the wrongful death claim, the plaintiff sought to recover the entire medical expenses from the six-week hospital admission for $481,000.00. The plaintiff’s theory was the contusion became an infected wound that resulted in sepsis and, ultimately, death.
Perrier & Lacoste filed a motion for partial summary judgment on the wrongful death and hospital admission charges based on lack of evidence of proximate cause. The plaintiff’s expert was unable to provide testimony on the proximate cause as to death and hospital admission. The plaintiff ultimately conceded the motion for partial summary judgment on those damages. Instead of a potential policy limits case with $491,000.00 in damages and significant potential excess exposure, the case became a minor contusion case with only approximately $10,000.00 in medical expenses.
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