Napoli Bern Ripka, LLP Blog

Medical Malpractice NY Case: Women Awarded $17 Million

Brenda Schenk, a resident of Henrietta New York, was awarded $17 million in damages for past and future injuries, pain, and suffering. This incident unfortunately happened as Schenk was anticipating the birth of her child. Strong Memorial Hospital was deemed liable for medical malpractice involving the poor decision making regarding Schenk. Schenk had a kidney and pancreas transplant in 1995 for her type 1 diabetes treatment. Once Schenk gained control of her treatment, she got pregnant in 2003 with the go ahead from doctors. This was the fatal mistake that cost the hospital $17 million in damages and their reputation of practicing medical malpractice. The medical malpractice suit alleged doctors failed to plan properly for her pregnancy and neglected to notice that they had cut the connection between her pancreas and bladder during a Caesarean delivery, causing pancreatic fluid and urine to leak into her abdominal cavity.

            After the C-Section, corrosive fluid burned Schenk's organs, ate through her abdominal wall, and required doctors to remove her pancreas. After the birth of her child, Schenk under went 7 surgeries to remove dead tissue, drain infections, and repair her abdomen. Schenk’s attorney stated that, “her diabetes has worsened and that because of the damaged abdominal wall, she cannot undergo another pancreas transplant or — if her kidney fails — another kidney transplant.  She also uses several pain medications and has trouble moving.”

            Strong Memorial Hospital representatives were not pleased in the verdict and their intentions to appeal.  A Strong Memorial Hospital official said: "We deeply regret the complications suffered by Mrs. Schenk, yet given what the medical team knew at the time of her delivery, we stand behind the decisions that were made." The actions of Strong Memorial Hospital are following suit of other hospitals that are taking responsibility for their actions. Even though they are not thrilled to be paying that sum amount of money, it is a good sign that they are not going to appeal the decision. There is no reason to put any more stress and heartache on the Schenk family, for they have undergone their fair share.

In a case like this it is important for all involved to use the situation as a learning device. Even though the outcome of the situation is not pleasant from either side, using the mistakes to gain further knowledge is something that must be achieved. Isn’t that what we were told when we were young to learn from our mistakes. However, it is never a good situation when this learning happens at the expense of someone else’s health. Allowing the pressure of insurance companies to influence decision making, doctors are increasingly making more misdiagnoses and medical errors.

If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. With 60 years of experience, Napoli Bern Ripka has the knowledge and expertise to deal with medical giants. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients.

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