In 2011, Ascaris Mayo had a Strep A infection, which causes strep throat. The infection went undetected, resulting in septic shock. Because of the damage caused, the woman’s limbs were amputated. Mayo is a 53-year-old mother of four.

Experts said that the case could lead to a challenge to Wisconsin’s cap on non-economic damages. The jury’s award included $1.5 million for the husband’s loss of companionship and $15 million for pain and suffering. However, Wisconsin law limits such damages to $750,000, and the defense attorneys are expected to ask the judge to lower the non-economic damages to that limit.

The jury found that the doctor and physician’s assistant failed to provide Mayo with alternative diagnoses that would have led her to pursue other treatment. In March 2011, Mayo spent nine hours in the hospital being treated for severe abdominal pain, fever and rapid heartbeat. She was discharged and instructed to contact her gynecologist the next day regarding fibroid issues. However, the next day, she collapsed at home. She was then treated for septic shock, but the vascular damage led to the amputation of all four limbs.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.