The Legal Intelligencer reported on its front page Monday that the Pennsylvania Supreme Court has declined to hear arguments on an appeal of a $10 million medical malpractice verdict for a man who was misdiagnosed with having ALS.
Attorney Matt Casey in April 2011 convinced a Philadelphia jury that Leo McCluskey, M.D., the medical director of the University of Pennsylvania's ALS Association Center, wrongly diagnosed Eric Davenport with the fatal disease.
Davenport, 60, had been given between 18 months and three years to live. But he never had ALS, also known as Lou Gehrig's disease. He actually suffered from a spinal cord compression. As a result of the misdiagnosis by the national ALS expert, Davenport now is confined to a wheelchair.
The Hospital of the University of Pennsylvania appealed the verdict, but the state's high court refused to hear arguments on the case last week.
The defendants have exhausted their appeal options and now must pay Davenport $11.6 million, which reflects accrued interests on the initial verdict amount, according to Casey, a founding partner of Ross Feller Casey, LLP.
"We argued to the jury that those three or four years where he thought he was dying were horrible years. The real tragedy was that during that time his opportunity to fix this problem slipped away. From that point forward his damages are those of a man who can't walk," Casey told The Legal Intelligencer (read the story here).