NASHVILLE, Tenn. (WTVF) — The first lawsuit against Ascension Saint Thomas stemming from that horrific drug mix-up at the hospital this past summer has been filed.
And it asks for an unbelievably large amount of money!
The lawsuit also makes it very clear that because of what happened, the patient will need substantial care for the rest of her life.
Linda Gilbert's life changed forever on August 14 when she went to Ascension Saint Thomas Midtown for what was supposed to be a routine knee replacement that turned out to be anything but.
Now a lawsuit just filed on her behalf accuses the hospital of "institutional negligence and recklessness" as well as "medical battery."
According to the lawsuit, the 78-year-old Nashville woman now has a spinal cord injury that's left her a paraplegic.
Gilbert was one of the four patients who went in for joint replacement surgery that day and after a catastrophic drug mix-up in the hospital pharmacy, she and the other three patients had potassium phosphate injected directly into their spine instead of a common anesthetic, something the lawsuit calls "a reckless, gross departure from the standard of care."
The suit lists 25 ways Ascension Saint Thomas allegedly failed Gilbert, describing how she was the third patient to get the wrong medication that morning and, like the others, she immediately felt a burning pain in her legs. But instead of trying to figure out why she was experiencing atypical symptoms, hospital staff put her under general anesthesia so they could go ahead and do her surgery.
And after the operation, according to the lawsuit, Gilbert's condition continued to deteriorate, yet the hospital, again according to the lawsuit, failed to react quickly and waited more than ten hours to do a widely recognized treatment to wash the harmful fluid from her spinal cord.
The lawsuit also breaks down the numerous failures in the hospital pharmacy that we have reported on that led to a drug mix-up, including how the hospital stored two very different but "look-alike products" next to each other and allowed employees to override the drug tracking program when the wrong medication was scanned, all problems identified by state regulators who launched their own investigation in August.
Gilbert, according to the lawsuit, "lived independently" before the botched surgery. She drove and could care for herself. We're told the mother of two had worked for years for a Nashville family, helping to raise their children. She also assisted people with Alzheimer's.
Now she's the one who will need intensive care for the rest of her life.
The lawsuit lists substantial expenses she'll have going forward for hospital, medical, rehabilitation, nursing, attendant and custodial care, medications, medical equipment, home and vehicle modifications and other daily life care needs."
And it asks for $50 million in compensatory damages and $100 million dollars in punitive damages.
But as we have reported, Tennessee lawmakers passed a law in 2011 that limits damages to just $750,000 or $1 million for someone who is left paralyzed.
But Gilbert and her attorneys hope to finally eliminate that 15-year-old cap, calling it unconstitutional, arguing that it puts a huge burden on "the most severely injured plaintiffs," like Gilbert who are elderly, retired and have no other way to support themselves after such a catastrophic injury that was no fault of their own.
Nearly three months now since the drug mix-up, Linda Gilbert remains at a facility in Atlanta that specializes in spinal cord injuries.
Her family and her attorney, Randy Kinnard, declined our requests for an interview, emphasizing that while the lawsuit contains "serious allegations," they did not want to jeopardize the case by making any public statements at this point.
Meanwhile, Ascension Saint Thomas told us in a statement that the hospital system "is aware of the complaint that was filed and is cooperating with the legal process. Our sympathy and concern remain with the affected patients and their families. As this is an ongoing legal matter, we are unable to share additional details at this time."
PREVIOUS RELATED REPORTING:
Former nurse says reports of safety problems were ignored by hospital managers
Ascension Saint Thomas also faces loss of TennCare money as well as Medicare money after drug mix-up
Ascension Saint Thomas West and Midtown hospitals face loss of Medicare funding after drug mix-up
Not all hospitals use their own pharmacies to prepare surgery drugs like Ascension Saint Thomas
State investigation into drug mix-up at Nashville hospital pharmacy finds multiple systemic failures
Woman paralyzed after drug mix-up in Nashville hospital pharmacy to begin intensive rehabilitation
Nashville hospital adds pharmacy safeguards after drug mix-up but why weren't they already in place?
If you or someone you know was affected by this medical mistake, I'd like to hear from you. Please email me at Jennifer.Kraus@newschannel5.com.
To read the initial full state report:
Tennessee State Health Facilities Commission Report on Ascension Saint Thomas Midtown mistake
To read the follow-up full state report:
