Michigan Verdicts

Plaintiff(s):

Rakesh Nayyar (Male), 

Estate of Bimla Nayyar (Female, 81 Years)

Plaintiff Attorney(s):

Geoffrey N. Fieger;
Fieger Law PC;
Southfield,
MI,
for
Rakesh Nayyar, Estate of Bimla Nayyar

Defendant(s):

Oakwood Healthcare Inc.

Defense Attorney(s):

David M. Ottenwess;
Ottenwess, Taweel & Schenk, PLC;
Detroit,
MI,
for
Oakwood Healthcare Inc. ■ John R. Monnich, Sr.;
Ottenwess, Taweel & Schenk, PLC;
Detroit,
MI,
for
Oakwood Healthcare Inc.

In January 2012, plaintiff’s decedent Bimla Nayyar, 81, a homemaker, was admitted to Oakwood Hospital in Dearborn to receive a jaw realignment to treat her bilateral jaw displacement. Oakwood Hospital is part of Oakwood Healthcare and the newly formed Beaumont Health System of Southeast Michigan. Prior to her admission, Nayyar was residing at Manors of Wayne where she was undergoing rehabilitation, as she was recovering from a heart attack she had suffered in October 2011. In evaluating her dislocated jaw, Nayyar underwent a CT scan. The results of her CT scan were not processed correctly and her name was affixed to the CT scan results of another patient. That CT scan depicted a subdural hematoma and midline shift. Relying upon that CT scan and Nayyar’s diminished mental status, her physicians believed she required an emergent surgery to relieve blood that would be applying pressure to her brain. After obtaining consent from her family, Nayyar was taken to surgery and underwent a surgical decompression and craniotomy. No bleeding was found during the surgery. Post-operatively, Nayyar developed complications and spent 10 days in the Intensive Care Unit before being transferred to the floor. She was eventually discharged for rehabilitation at a local nursing home. Nayyar essentially survived on life support and died 62 days after the surgery on March 11, 2012 in hospice care, once she was taken off a ventilator. Her death certificate listed her cause of death as cardiomyopathy causing cardiac arrest. Nayyar’s son sued Oakwood Healthcare, Inc. d/b/a Oakwood Hospital & Medical Center, alleging medical malpractice and wrongful death. Plaintiff alleged that Nayyar never recovered from the surgical procedure that was performed and that her death was directly related to the surgery. Plaintiff argued that the hospital fatally injured Nayyar with the unnecessary surgery. Plaintiff further argued that the hospital attempted to conceal what happened to Nayyar from her family and failed to appropriately treat her following the surgery. The hospital admitted its negligence in processing the CT scan results, but contended that the medical issues Nayyar suffered before her death were the result of her pre-existing medical conditions and not complications of the subject surgery. The defense added that there were notations in the medical records disputing there was any concealment by the hospital.

During the subject surgery, five holes were drilled into Nayyar’s head to access her skull. The right side of her skull was sawed out to locate the bleeding, but none was found. The portion was replaced and the surgical area was closed. Nayyar passed away on March 11, 2012. She was survived by her husband, Ramesh Nayyar, as well as two adult daughters, an adult son, plaintiff Rakesh Nayyar, and several grandchildren. Her ashes, in accordance with Hindu custom, were taken back to India by her son Rakesh Nayyar, and spread upon the River Ganges. Plaintiff pursued damages under Michigan’s Wrongful Death Act, which allows for the recovery of funeral and burial expenses, medical expenses, conscious pain and suffering sustained by his mother prior to death, and the loss of society and companionship sustained by the heirs and his father. The defense argued that the plaintiff was limited to damages for medical expenses and conscious pain and suffering given the lack of evidence linking Mrs. Nayyar’s death to the surgery.

The jury found that the hosptial’s negligence was a proximate cause of injuries or damages to Mrs. Nayyar. They awarded plaintiff $20 million.

Estate of Bimla Nayyar: $300,000 Personal Injury: medical expenses and funeral expenses; $13,000,000 Personal Injury: physical pain and suffering; Rakesh Nayyar: $4,500,000 Personal Injury: wrongful death damages; $2,200,000 Personal Injury: future wrongful death damages

Judge:

Sheila Ann Gibson

Trial Length:

8
 days

Trial Deliberations:

4
 hours

Jury Vote:

Unanimous

Jury Composition:

5 male/ 3 female

This report includes information that was gleaned from an article published by PR Newswire and information that was provided by plaintiff’s and defense counsel.