Lorain County Jury Awards $1,250,000
Ben Barrett Sr. represented a Lorain County woman who claimed that she was injured due to the negligence of her family doctor and other medical providers by their failure to timely diagnose a blood clot in her hand. This delay in diagnosis led to the eventual amputation of her right arm above her elbow. Ben, along with other attorneys and staff at Miraldi & Barrett, worked on this case for over 4 and a half years before it went to trial. The doctor and his attorney vigorously defended the claim, arguing that the doctor was not negligent because he had performed all of the appropriate tests. They maintained that the patient's blood clot, although unfortunate, was rare and unexpected and could not have been anticipated by any reasonably competent family physician.
After a one week trial, a Lorain County jury agreed with the evidence presented on behalf of the injured woman. Ben was able to demonstrate that the family doctor failed to perform several simple tests that would have indicated a blood flow problem which in turn would have required a further workup at a hospital. The jury awarded the woman $1,250,000, the largest verdict in Lorain County in 2005.