$11.41 Million Settlement for Failure to Monitor Medications Leading to Death

Dolores Madigan, 71, had a seizure disorder. She took the anticonvulsant medications Keppra and Dilantin daily.

When she was admitted to Brookhaven Memorial Hospital Medical Center, she was suffering from an eye infection. Internal medicine physician Dr. Jayeshkumar Makavana ordered swallow testing to rule out a stroke. Although Dr. Makavana discontinued Madigan’s medication, a neurologist later reinstated the anticonvulsants.

The next night, a nurse alerted Dr. Makavana that Madigan had not been receiving her medicine. The nurse then administered a small inadequate dose of medication in line with Dr. Makavana’s instructions.

Madigan did not receive an additional dose of her anticonvulsants. Two days later, she suffered seizures resulting in respiratory distress and loss of most of her neurological function. She required nursing home care until her death several years later.

Before passing away, Madigan and her husband sued Dr. Makavana and the hospital alleging that they chose not to appropriately monitor her anticonvulsant medication. The Madigan family alleged that Dr. Makavana should have ensured that she received her medications after the neurologist reinstated them and chose not to order the appropriate dosage when the nurse called him.

Additionally, the Madigan family alleged that the hospital nurses failed to timely notify the physician that she was not receiving her prescribed medications.

The hospital settled before trial for an undisclosed amount. The jury signed a verdict for $11.41 million, apportioning liability at 80% to Dr. Makavana and 20% to the hospital.

The attorney handling this matter for the Madigan family was David S. Pollack.

At trial, the Madigan family engaged experts in the areas of internal medicine and neurology while the defendants engaged an expert in internal medicine.

Madigan v. Makavana, No. 64065/14 (N.Y. Sup. Ct. Suffolk County).

Kreisman Law Offices has been handling medical malpractice lawsuits, wrongful death cases, hospital negligence lawsuits, internal medicine negligence lawsuits and misdiagnosis of cancer lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Mount Prospect, Arlington Heights. Rolling Meadows, Hoffman Estates, Palatine, Buffalo Grove, Libertyville, Hawthorne Woods, Long Grove, Lake Zurich, Lake Barrington, Fox River Grove, Wauconda, Lake Bluff, North Chicago, Waukegan, Lindenhurst, Lake Villa, Grayslake, Fox Lake, Lake Forest, Wheeling, Vernon Hills, Wilmette, Winnetka, Franklin Park, Burbank, Bedford Park, Hickory Hills, Willowbrook, Tinley Park, Harvey, Blue Island, Chicago (Roseland, East Side, Little Village, Wicker Park, West Garfield Park, North Lawndale, Near West Side, Lakeview, Uptown, West Rogers Park, Forest Glen, Norwood Park, Portage Park, Belmont Cragin, Hermosa, Logan Square, McKinley Park, Fuller Park, Avalon Park, Calumet Heights, West Pullman, South Deering, Morgan Park, Beverly, Auburn Gresham), Willow Springs, Palos Park, Crestwood and Forest Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.