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Attorney Barry Obtains $3.8 Million Verdict on Botched Colonoscopy

Decof, Barry, Mega & Quinn

When doctors fail to apply the correct standard of care during medical procedures, they can be held accountable through the civil justice system. That’s what happened recently when our Rhode Island wrongful death lawyer Patrick C. Barry won a $3.8 million verdict on behalf of our client, whose mother died during a botched colonoscopy procedure. The verdict was reached at the Bristol County Superior Courthouse in New Bedford, Massachusetts, in February 2019.

Vieira v. Susskind: A Case of Wrongful Death in Massachusetts

Back in January 2012, a 64-year-old Massachusetts woman died after receiving a relatively routine colonoscopy. Due to an excessive use of air during the procedure, the patient sustained fatal injuries to her bowels and required emergency treatment. She passed away within within a few hours of undergoing emergency care.

Her adult daughter brought a medical malpractice lawsuit against the negligent doctor, specifically citing the Massachusetts wrongful death statute. As is true in many other states, the Massachusetts wrongful death statute allows certain relatives to bring claims for a victim’s pre-death pain and suffering, and for the loss of companionship suffered by those surviving relatives.

During the seven-day trial, Attorney Patrick Barry demonstrated to the jury the extent of the patient’s suffering prior to her death, and while receiving that final emergency treatment. The New Bedford jury awarded $1.4 million for the deceased’s pain and suffering, and another $2.4 million to the daughter for the loss of her mother. After receiving the news, Attorney Barry stated that “We are very grateful that a group of fourteen impartial community members saw the evidence the way we did. This event never should have happened, and my client is very pleased with the result.”

Offering Compassionate Counsel and Powerful Advocacy

As Rhode Island wrongful death attorneys, we know how painful it can be to lose a loved one to a doctor’s negligence. We’ve seen firsthand how grief and anguish can make it hard for the surviving family members to continue with their daily routines, or find any enjoyment in life.

By showing the truth of this case and appealing to the jury’s sense of fairness, Attorney Barry was able to help this particular plaintiff get the compensation she needed. If you’ve also lost a loved one to physician negligence, please reach out to the team at Decof, Barry, Mega & Quinn, P.C. While we can’t guarantee a positive verdict in every case, we will always fight to get the justice you deserve.

Call us at (401) 200-4059 for a free consultation with our compassionate Rhode Island trial attorneys.

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