Massachussetts Jury Awards $20M For Leg Amputation Caused by ER Misdiagnosis

On March 28, 2023, the Boston Globe reported on a jury verdict awarding $20M to a 43 year old man who was repeatedly misdiagnosed as having sciatica pain in his leg, rather than a blood clot. The delay in diagnosis of the blood clot led to an avoidable amputation. Mr. Luppold first presented to the emergency room at Lowell General Hospital on March 7, 2015 complaining of discomfort in his left foot that was unusual. The nursing staff documented that the foot was turning purple and was cool to the touch. Based on a longstanding history of radiating sciatica, a physician's assistant diagnosed worsening sciatica and sent the patient home. Six days later Mr. Luppold returned to the ER complaining of severe pain in his left foot. A nurse practitioner also diagnosed sciatica as the cause without any diagnostic work-up. Four days later Mr. Luppold visited his primary care physician who performed an ultrasound which revealed that the cause of his pain was a blood clot.

The correct diagnosis, discovered 10 days late, was a deep vein thrombosis (DVT) and arterial thrombosis. The DVT led to tissue necrosis leaving no treatment option other than an immediate above the knee leg amputation to save the patient's life. The jury was persuaded that had the ER department ordered an ultrasound 6 or 10 days earlier, the DVT would have been diagnosed and treated thus avoiding an amputation. Luppold v Lowell General Hospital

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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