Court overturns $15.5M verdict for amputee in medical malpractice case

A South Florida appeals court Wednesday ordered a new trial in a medical-malpractice case in which a patient was awarded more than $15.5 million in damages.

A three-judge panel of the 4th District Court of Appeal pointed to an improper jury instruction in the Broward County case filed by patient Stephanie Hollingsworth, who alleged she did not receive proper treatment for necrotizing vasculitis, a condition that involves inflammation of blood-vessel walls.

Hollingsworth filed the lawsuit against physician Yvonne Sherrer and a hospital that was not identified in Wednesday’s ruling. A jury found the doctor negligent and awarded $15.59 million in damages, prompting an appeal by Sherrer.

The appeals court focused on a circuit judge’s jury instruction about informed consent, as Hollingsworth argued that the doctor had not properly treated her with a drug known as Cytoxan and had failed to provide sufficient information about the drug. But the appeals court said the informed-consent issue was not tried during the case and should not have been part of the jury instructions.

“The informed consent instruction contributed to the jury’s finding the doctor negligent because it allowed the jury to find the doctor negligent even if the jury found that the doctor’s decision not to administer Cytoxan fell within the standard of care,” said the fourpage ruling, written by Associate Judge Cymonie Rowe and joined by judges Carole Taylor and Spencer Levine. “This added theory of negligence prejudiced the doctor. The prejudicial instruction warrants reversal and a new trial concerning all issues.”

According to news reports at the time, Hollingsworth was admitted to Holy Cross Hospital in Fort Lauderdale November 2008 when the vasculitis was causing pain in and sores on her hands and feet. The suit claimed that because of the doctor’s failure to prescribe the correct medication and transfer her to another hospital, her limbs deteriorated.

She was later transferred to University of Miami Hospital with gangrene and near death. her attorney said at the time. She lost toes, fingers and part of a foot.

Holy Cross was originally named in the lawsuit and during the trial, but it was not found at fault.