A jury found that a Milwaukee woman unnecessarily lost four of her limbs due to medical malpractice.
Thanks to a misdiagnosis of a streptococcal infection, 53-year-old Ascaris Mayo lost limbs after going into septic shock. The spread of the infection led to the amputation of her remaining appendages.
In 2011, Mayo spent nine hours at a local hospital for treatment of severe abdominal pains, a high fever and rapid heartbeat. Discharged at midnight, she was told to see a gynecologist to discuss fibroids. She collapsed later that day and was treated for septic shock. Even though it was brought under control quickly, the damage to her vascular system was irreversible, leading to her four amputations. At no point during Mayo’s treatment was she told that she may have a life-threatening bacterial infection.
The jury handed down a $25.3 million award, but most jury watchers suggest that the ruling will go on appeal. Wisconsin law allows for capping non-economic damages, and the appeal is expected to lower the original award to $750,000. The case would be ideal for challenging the damage caps in place. The award is focused on the loss of limbs from medical negligence, as opposed to the high dollar amount that negligence is “worth” ($15 million).
The jury found that Mayo’s doctor, Wyatt Jaffe, and his physician’s assistant, Donald Gibson, did not provide an alternative medical diagnosis that may have led the plaintiff to seek other treatment. Jaffe was found 65 percent at fault, and Gibson 35 percent at fault. The award relating to health care costs ($8.2 million) is not subject to state caps.
The expenses associated with such a case would be incredibly high. Any family would struggle to keep up. As such, the Mayo family may have been interested in doing research into litigation funding – an emergency cash lawsuit loan for qualified plaintiffs that helps them manage finances while waiting for justice.
It only take a few minutes to apply online for a lawsuit loan, or to call a litigation funding company and find out more about how a lawsuit loan may apply in your case.