The plaintiff, age fifty-three, was rendered paraplegic as a result of being shot in a home invasion robbery in September 2000. He was hospitalized for two and a half months, including rehabilitation time. He developed an ulcer on his back which had almost healed and he was sent home in November 2000 with a home health nurse employed by the defendant.

After two weeks the plaintiff returned to the hospital with his ulcer having worsened. The nurse was supposed to visit the plaintiff for fifteen days, but was only authorized by the insurance company for ten days, and the nurse missed some of those days. The plaintiff continues to have a chronic ulcer.

The defendant contended that if the plaintiff had moved himself around and not put pressure on his back, he would not have developed the chronic condition.

According to Florida Jury Verdict Reporter a $3,050,000 verdict was returned, with a finding of seventy percent negligence by the defendant and thirty percent negligence by the plaintiff. A judgment for $2,135,000 was entered. A motion regarding what portion of $210,000 received from settlements before trial from co-defendants should be set-off.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.