$10 Million Dollar Settlement Reached Prior to Malpractice Trial
By Daniel Hawn
Published on December 27, 2005
Attorneys reached a $10 million dollar out-of-court settlement in the case of a woman who underwent the amputation of her arms and legs after a doctor failed to diagnose her with strep throat.
Shirley Autin Eusea, 56, of Houma, Louisiana filed the personal injury lawsuit against Dr. Roger J. Blanchard Jr. In 1995, Eusea sought Blanchard's care at a clinic in Matthews where Blanchard was serving as a visiting doctor. Although Eusea was suffering from strep throat, Blanchard diagnosed her as having mononucleosis.
After the appointment, Eusea's condition degenerated into "strep toxic-shock syndrome," causing her circulation problems. Eventually Eusea had to have to her arms and legs amputated at the elbows and knees.
Eusea's attorney claimed that had Blanchard prescribed Eusea antibiotics for strep throat, the strep would likely have been eliminated and the destructive syndrome avoided.
Defense attorneys alleged that Eusea's case was unique because strep toxic-shock syndrome had not been associated with strep throat at the time Eusea sought Blanchard's care. The syndrome was thought to be contracted through contact with other types of strep bacteria.
The multi-million dollar malpractice settlement was reached on Dec. 12, just hours before the commencement of the trial.
In the unique terms of the deal, Broadlawn Medical Center, the Iowa hospital where Blanchard was a resident at the time of the incident, is responsible for the majority of the settlement.
A 1999 ruling issued by the 1st Circuit Court of Appeal in Baton Rouge prevents Blanchard himself from being responsible for any portion of the settlement.
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