Pa. Supreme Court upholds $10 million medical malpractice verdict for a man misdiagnosed with ALS

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The Pennsylvania Supreme Court has upheld a $10 million verdict for a man who was misdiagnosed with ALS by a leading expert on the disease.

The court denied an appeal by the Hospital at the University of Pennsylvania and it now must pay plaintiff Eric Davenport a total of $11.6 million as a result of accrual of interest on the original verdict, attorney Matt Casey told The Scranton Times (read story here).

Casey, a founding partner of Ross Feller Casey, LLP, won the verdict in April 2011 against the hospital and Leo McCluskey, M.D., the medical director of its ALS Association Center.

McCluskey, the jury found, misdiagnosed Davenport, 60, with ALS, also known as Lou Gehrig’s disease, and gave him 18 months to three years to live. Davenport actually suffered from a spinal cord compression and, because he wasn’t diagnosed correctly, is now confined to a wheelchair.

At the time, the verdict was nearly twice the largest medical malpractice jury award in Philadelphia for all of the previous year.

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