Snyder & Wenner, P.C., is proud to announce that two of its attorneys, David Wenner and Brian Snyder, won a $15 million verdict against Banner UMC Hospital in Tucson. The trial took 3 weeks and the jury deliberated for approximately 3.5 hours before returning the monumental verdict. It is believed that the verdict is the highest for a medical malpractice trial in Arizona in the last 20 years.
Esmeralda Tripp, 42 years old, walked into UMC Hospital on September 13, 2013. She was on a medication called Coumadin, and her blood levels were extremely high. She was treated by a resident physician, only 8 weeks out of medical school, and an attending physician. Ms. Tripp had experienced this problem many times in the past, and each time they treated her with Fresh Frozen Plasma, with Vitamin K, or simply by withholding her Coumadin. The resident physician, however, decided to suggest a very dangerous blood-clotting medication called Profilnine. The hospital had a specific guideline on when Profilnine could be used: The patient had to have serious or life-threatening bleeding or require emergency surgery. In those two scenarios, Profilnine could be used. Esmeralda did not have any serious or life-threatening bleeding, and she did not require emergency surgery. The resident physician still suggested Profilnine, and the attending physician signed off on it. After the drug was administered, the resident went home for the night because she was tired. The attending physician left the hospital before the drug was even given. Only 2 hours later, Esmeralda screamed out in pain and her vital signs crashed. It was determined that she had suffered a heart attack. She was without oxygen for so long that she suffered severe, permanent brain damage. Seven weeks later she was discharged from the hospital, in a completely unresponsive state. It has been 4 years, and Esmeralda is still completely unresponsive. Her family cares for her and she receives in-home care provided by the state.
At trial, the defense attorney argued that his clients did nothing wrong. He repeatedly told the jury that the hospital’s own guideline was simply a “suggestion,” and that the doctors could do what they wanted. He also argued that Esmeralda did not deserve any money for her injuries because she had incorrectly told prior doctors about a lengthy medical history that did not exist. Finally, he told the jury that since Esmeralda is not aware of her injuries, she does not need any money for them.
Brian Snyder gave the plaintiff’s opening statement and told the jury what happened and how Esmeralda’s life has been permanently ruined by these doctors’ choice. Along with David Wenner, the two cross-examined defendants and their experts, obtaining numerous admissions throughout the trial. Co-counsel Kevin Keenan gave the closing argument, and asked for $15-20 million to compensate Esmeralda for her losses. Only 3.5 hours later, the jury came back with precisely what they were asked to award: $15 million, which will help pay for the around-the-clock medical care that Esmeralda needs and which will compensate her for robbing her of her independence.