Philadelphia Eagle’s Overlooked Symptom Leads to $43.5M Loss for Medical Provider
Published on February 14th, 2022, by Kyle Langan
Jury’s award:
A jury in Philadelphia awarded former NFL player Chris Maragos $43.5 million after he sued the medical team in charge of treating a knee injury from his time playing as a Philadelphia Eagle. [1] “Maragos accused orthopedic surgeon James Bradley and Rothman Orthopaedics of neglecting to address a torn meniscus” he suffered in October 2017; this led to the “premature end of his NFL career” and caused “ongoing pain and physical limitations.” [2] Maragos endured a torn posterior cruciate ligament (PCL), which was surgically repaired by Bradley. [3] However, attorneys said the “medical team ignored damage to the meniscus, even after a May 2018 MRI exam showed the injury worsening.” [4]
Proven Negligence:
Members of the Maragos legal team said they “proved at trial that Rothman Orthopaedics created two separate medical charts for Maragos, one of which failed to include key notes about his injury and recovery.” [5] The jury assigned two thirds of the $43.5 million to Bradley, per reports, which made the remaining third the responsibility of Rothman Orthopaedics. [6]
The Medical Team’s Defense:
During the trial, “lawyers for the defendants argued Maragos suffered his meniscus injury in a weight-room incident several months after his surgery.” [7] Additionally, they highlighted age at the time of his surgery, 31, and eight years of experience in the NFL, suggesting that his career did not have much time left. [8] “Doctors who oversaw his rehabilitation knew of the meniscus issue, lawyers said, but deemed it ‘stable’ and unlikely to respond well to a surgical procedure.” [9]
Risk Management and Insurance Implications:
Medical Malpractice Insurance will defend and indemnify insureds with “coverage for the acts, errors, and omissions of physicians and surgeons, encompassing physicians’ professional liability insurance, hospital professional liability (HPL) insurance, and allied healthcare (e.g., nurses) professional liability insurance.” [10] If your company seeks in-depth knowledge of this protection and limit adequacy, contact me at kylel@conreyins.com
References
Bieler, D. (2023, February 14). Jury awards ex-eagles player $43.5 million for medical malpractice. The Washington Post. Retrieved February 14, 2023, from https://www.washingtonpost.com/sports/2023/02/13/chris-maragos-verdict-injury-eagles/
Medical Malpractice Insurance. Medical Malpractice Insurance | Insurance Glossary Definition | IRMI.com. (n.d.). Retrieved February 14, 2023, from https://www.irmi.com/term/insurance-definitions/medical-malpractice-insurance