Injuries claimed: Cognitive injuries and left-sided weakness (paralyzed left hand and weakened left leg)
Court: Fond du Lac County
Case name: Thomas Jandre vs. Therese Bullis, M.D.
Case number: 04CV363
Judge: Robert Wirtz
Verdict & Settlement: Verdict in favor of plaintiff
Original offer: No offers of settlement from defense
Special damages: Plaintiff’s past medical expenses: by stipulation $200,000; plaintiff’s past wage loss: $293,159; plaintiff’s future medical expenses: $209,112; plaintiff’s future loss of earning capacity: $673,706; plaintiff’s future pain and suffering (other): $357,812; plaintiff’s past pain, suffering and disability: $119,271; losses for Mrs. Jandre: society and companionship: $112,500; nursing services: $45,625
Date of incident: June 13, 2003
Trial dates: Feb. 25 to March 7, 2008
Plaintiffs attorney (firm): D. James Weis; James M. Fergal, Habush Habush & Rottier, S.C.
Defendants attorney (firm): James Gutglass/John Mayer, Gutglass Erickson Bonville and Larson/Nash, Spindler, Grimstad and McCracken, LLP
Insurance carrier: Physicians In-surance Company of WI; Wisconsin Injured Patients and Family Compensation Fund
Liability policy limits: $1,000,000 for PIC; Infinity for the Fund
Plaintiff counsel’s summary of the facts: On June 13, 2003, Mr. Jandre presented at the E.D. of St. Joseph’s Hospital West Bend with a history of slurred speech, droopiness of lower left side of face and unsteadiness on feet. Dr. Bullis diagnosed Bells Palsy. Thereafter Thomas Jandre suffered a stroke on June 24, 2003 caused by a blockage in his right carotid artery. Plaintiff argued that Dr. Bullis should have ruled out an ischemic neurologic event as well. If so, the stroke and resulting injuries would not have occurred.
Plaintiff’s negligence theory: Lack of informed consent and negligence in care and treatment.
Defendant’s position: Denied negligence and/or need to give informed consent to Mr. Jandre re: diagnostic procedures available to rule out a stroke-like event.
Jury or bench: Jury trial