$13.4M in Damages Awarded in Med Mal Heart Surgery Case

March 17th, 2017

By Dean I. Weitzman, Esq.


A Georgia man who suffered catastrophic injuries during heart surgery in 2010 in a South Dakota hospital has been awarded $13.4 million in damages by a federal court judge.

The plaintiff, Hudson Myers, was 21 years old when he underwent “controversial” heart valve replacement surgery on Oct. 14, 2010 at Rapid City Regional Hospital, according to a March 3 story by The (Sioux Falls, S.D.) Argus Leader.

During the procedure, air bubbles made their way into Myers’ arteries and into his brain, causing severe brain damage, the story reported. The surgery was performed by Dr. James Oury, who was in 2014 reprimanded by the South Dakota Board of Medical and Osteopathic Examiners for “failing to disclose medical malpractice lawsuits and criminal charges” when he applied to practice medicine in the state, the report continued.   

Myers’ lawsuit contended that Oury “was not competent to perform the procedure” and that the hospital “had a duty to provide competent surgeons,” the story reported. Several other doctors and the hospital reached prior settlements with the plaintiffs, according to the report.

Dr. Oury was ordered in 2012 and 2013 by the state medical board not to to practice medicine until he obtained a fitness-to-practice evaluation, the story added.

The lawsuit was filed in 2012.

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The judge in the case based the $13.4 million judgment on Myers’ past medical bills, future medical bills, life care and the loss of future earnings, the story reported.

These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical malpractice and errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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