Nebraska made history when it handed down the largest malpractice verdict in the state’s history that should have resulted in an injured young girl receiving $17 million to pay for the professional care she will need for the rest of her life. However, a year and a half has gone by since the verdict and not a dime has been paid so far. So what’s the holdup?
Nebraska made history when it handed down the largest malpractice verdict in the state’s history that should have resulted in an injured young girl receiving $17 million to pay for the professional care she will need for the rest of her life. However, a year and a half has gone by since the verdict and not a dime has been paid so far. So what’s the holdup?
The verdict itself was handed down as a result of a medical malpractice lawsuit Doran Schmidt filed on behalf of her daughter. While giving birth four years ago at the Bellevue Medical Center, her daughter was injured. “Her entire cerebral cord damaged during the injury,” Schmidt said. According to Sage’s attorney, Bob Peck, the child suffered “brain damage so severe that she will never be able to help herself and need life-long support.”
The malpractice lawsuit ended when the jury awarded Schmidt’s daughter, Sage, $17 million. However, the state of Nebraska has a malpractice cap of $1.75, which is perhaps why the family has yet to receive a penny of their award. As a result, the family is appealing because the cap is, according to Schmidt, “not even close enough to cover her” daughter. She added that they are appealing because “there is a law that says no matter what happens to you, no matter what the malpractice was, you can only have this much.” She says that’s not right, and many agree with her.
However, representatives of the state, including Bill Settles, the state’s attorney on appeal, argue that “the jury does not have the power to award damages in excess of what the law allows.” So who’s paying for the child’s care at the moment? Well, her therapy is being paid primarily “by taxpayers through Medicaid and social security.” However, her necessities will increase as she gets older. For example, she will eventually need “wheelchairs, a van and handicap accessible home.”
For now, Doran Schmidt and her family are just waiting to hear back about their appeal, something lawyers say could take anywhere between two and four months.
Sources:
Not One Penny Since $17 Million Jury Verdict
$17 Million Awarded for Child With Brain Damage Born At Bellevue Medical Center
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