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Texas Lawyer Wins $7.5 Million in MRSA Case

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Dallas, TX: Linda Turley is a soft spoken Texas lawyer who carries a big stick in the courtroom. Her efforts recently won a Dallas maintenance worker $7.5 million after a doctor failed to correctly diagnosis and treat a hospital infection that led to gangrene in both his arms and legs. "It is absolutely terrible to think you can go into hospital for ulcer surgery and then end up being transferred to another hospital to have your limbs amputated," said attorney Turley. "It absolutely should never have happened and the jury agreed." It is one of many medical malpractice lawsuits Turley has won for her clients.

Linda TurleyIn 2003, 53-year-old David Fitzgerald entered RDH Medical Centre in Farmers Ranch for a routine stomach ulcer operation. Within days of the surgery, he went into septic shock. The hospital's infectious disease specialist failed to recognize that the patient contracted MRSA, or methicillin-resistant Staphylcoccus Aureus, a common infection hazard present in almost every hospital and a recognized threat to patients.

"If the doctor had recognized that this was a MRSA infection and provided the right antibiotic treatment for my client, he would have walked out of hospital with both arms and legs--but that didn't happen," says Turley, with a sigh.

Despite the fact that Fitzgerald was coughing up green phlegm and clearly had a lung infection, a sure sign of MRSA, the doctor chose to focus on what he believed was infection confined to the site of the patient's incision.

"MRSA is everywhere, both in hospitals and in the community," says Turley. "According to the statistics from 2003 that we brought forward at trial, a third of all hospital infections are infections of the lungsā€”and a third of those lung infections are MRSA."

The question was not how Fitzgerald got the infection, but rather, what the doctor did to treat it. "He should have provided the patient with the full range of antibiotics including ones that would fight MRSA," Turley says. "He was not treated quickly and with the appropriate antibiotics."

Eventually the error was realized. To save his life, both arms and legs had to be amputated and his world was forever changed. "He is unable to work, or zip up his pants, or comb his hair, or go to the bathroom without help," says Turley, "and this is never going to change, he's never going to get better and he will need psychological help for the rest of his life.

"I can tell you from having spent a lot time with my client that people stare because he looks so different, and children--even adults--say inappropriate and hurtful things to him. He has chosen to withdraw from the Dallas community and lives out in the country now."

Turley describes the jury in the case as an exceptionally hardworking and thoughtful group of men and women. They recommended Fitzgerald be awarded $17.5 million, but because of caps in Texas the amount is limited to $7.5 million including a limit of $250,000 for non-economic damages. Turley says "the caps are unfair," and adds "this is absolutely unreasonable and we will address that at an appellate level."

Linda Turley began practicing law in 1983. She has been board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1988. Ms. Turley has the highest professional and ethical ranking among her peers (AV). She handles cases in Products Liability, Negligence, Medical Malpractice and Special Projects sections. Through out her career she has handled serious injury and death cases.

READER COMMENTS

Posted by
tammy
on
My mom contact mrsa in the hospital. We was told after 45 days of treatment it was gone. Four months later she became tire. We thought it was her pacemaker malfunction to find out mrsa got into the leads of the pacemaker and destroyed it. While waiting she had to be remove from her blood thinner Xarlto which led to two strokes in two weeks. The third stroke left her with no brain activities as the family made the decision to take her off the ventilator. We later found out the the MRSA infection was in her body too long as they were treating her to possible other health issues. We want information that will prevent other family from an unexplainable death.

Posted by
walter wokcik
on
I have been diagnosed with mrsa after ortho scope surgery and the follow up apt for knee surgery.

Posted by
Dr. Moojan Donaldson
on
Dear Law Firm,

I am a doctor in pharmaceutical sciences with a Pharm. D. degree from
USC. I am a pharmacokineticist, with expertise in various fields such as, psychopharmacology, geriatric
pharmacy, infectious disease, ICU and SICU pharmacy, pain management, drug addiction, long term care pharmacy, ambulatory care pharmacy, clinical
pharmacy, regulatory proceedings and standard of care with
certain capacities in medical malpractice when it is
medication related and more. I am currently the clinical director of a long term care pharmacy. I educate law firms about their cases and prepare them for trial by helping them understand the scientific and molecular basis of the issues involved. Should you just want to know if you have a case, I can help determine that for a flat rate of $150.00.

The pharmacodynamics and pharmacokinetics of medications vary from person to person as our genetic make up, body composition and physiology are so very different. The key to my success is the acknowledgment that every person metabolizes drugs differently and that the same medication can produce altered effects in different individuals . In addition to the above factors, drug-drug interactions, food-drug combinations, and herbal/supplemental therapies also effect the fate of the drug in the body. Therefore, every case needs to be regarded with a detailed eye on many hidden facts that are usually available, but frequently missed.

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(831)521-3939

Posted by
Dale Burton
on
I also contacted mrsa after open heart surgery in March of 2011. It is a devastating disease. The mrsa is in my lungs. I have problems breathing every day and was hospitalized in Jan of 2013 with mrsa of my lungs. I would like to know if I have a case. My health has been failing since I contacted the infection. Any help you can give me will be greatly appreciated. I agree the gentlman in this case was due this money and and even money can't give him back his quality of live. God bless him and also you for helping him. Thanks for your time. Dale Burton

Posted by
toni murdien
on
my moms white cell have climb very high since attending a rehab facility after they have used a catether. i need infomation on what steps i need to take now that she has also contracted brochitis.

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