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We represented a husband amd three young children for the wrongful death of their 43-year-old wife and mother. The wife/mother was negligently misdiagnosed by her psychiatrist as suffering from Bipolar II Disorder, when in fact she was suffering Post-Traumatic Stress Disorder. The psychiatrist prescribed the drug, Lamictal, to treat the Bipolar II Disorder. At the time, Lamictal was not approved by the FDA for the treatment of Bipolar II Disorder. The drug was also known to carry very dangerous side effects, most notably Stevens Johnson Syndrome, which can be fatal. In choosing Lamictal, the psychiatrist elected not to use other medications that have a longer proven track record for treating Bipolar II Disorder and do not carry the risk of death as a potential side effect. The psychiatrist never advised the wife/mother about the risks of Lamictal and the alternative medicaitons available. Tragically, the wife/mother developed Stevens-Johnson Syndrome as a result of the prescription of the Lamictal. After a lengthy battle with the disease, she died. The jury returned a verdict in the amoumt of $3,482,192.50. The verdict was reduced by the court to $1,650,000 in accordance with Virginia's statutory cap in place at the time. The verdict was recognized as the 2nd Largest Medical Malpractice Verdict in Virginia in 2005.
Awarded: $3,400,000.00
Shevlin Smith
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