Milwaukee resident, Ascaris Mayo, is now $25 million richer as a result of a successful medical malpractice lawsuit. Mayo, 53, and her husband received an astonishing $25.3 million in damages after a Milwaukee County jury determined that Mayo’s arms and legs were amputated due to medical malpractice.
Mayo’s limbs were amputated in 2011 as a result of an undetected strep A infection. This infection led to a severe septic shock and the limb amputations. The jury determined that Mayo’s physician, Wyatt Jaffe, and his assistant, Donald Gibson, did not offer Mayo an any alternative medical diagnoses. Mayo did not pursue any further treatment. The jury decided that Jaffe was 65 percent responsible for the failed diagnoses while Gibson was deemed 35 percent responsible.
Wisconsin officials passed the informed consent bill in 2013. This bill decreased the required information that a physician must tell his patient. Mayo was treated by Jaffe before the law went into effect, so it was not applicable to her case. Jaffe never told Mayo that she might have a deadly bacterial infection, though it was indicated by her symptoms. Mayo’s attorneys successfully argued that she would have pursued further treatment had she been made aware of her life threatening infection.
The jury awarded Mayo $15 million for pain and suffering along with another $1.5 million for her spouse’s resulting loss of companionship. Yet Wisconsin law dictates that such non-economic damages for medical malpractice compensation claims are limited to only $750,000. The case will almost certainly end up being appealed in the Wisconsin Supreme Court as the difference between the state’s caps and the amount awarded is significant.
Reference: Denver Colorado Attorney