Genavieve recently obtained a $780K settlement in a medical malpractice case against the John Cochran
Veterans Medical Center. The VA negligently discharged our client from the hospital while still impaired from
sedation administered during a cardiac catheter procedure.

Our client passed out while driving home on his motorcycle and was involved in a horrific accident when he ran off
the road.

We alleged the VA breached the standard of care by failing to implement or follow protocol for safely discharging
patients who have undergone moderate sedation.

Specifically, defendants failed to instruct our client not to leave the premises unless he was under the care of a
responsible adult, failed to warn him not to drive for 24 hours, and failed to either keep him admitted or discharge
him to a facility lodging bed.

Our client was not in the position to determine for himself whether it was medically safe for him to drive home, and
that is why these discharge policies exist.

The hospitalist at the VA testified in his deposition that he had no training regarding the VA’s policies for
discharging patients and that he did not even know that the VA had a policy that patients who had undergone moderate
sedation were not to be discharged alone.

When shown the policy, he then tried to claim it was the cardiologist who was responsible for discharging patients,
but the cardiologist testified that was not true. Everyone at the VA was pointing the finger at each other but no
one would take responsibility.

Admittedly, there were some challenges in the case and many disputed facts. The VA disputed that our client was
actually “impaired” at the time of the accident, since he had been able to drive most of the way home and moderate
sedation can wear off.

Moreover, the police report states our client hit a rock and then ran off the road, which the VA contended also
showed a lack of causation. However, even if that was true, if our
client had not been impaired, he could have avoided the rock.

The VA also asserted our client refused a wheelchair – but even if true, they should not have allowed him to leave
regardless. They also testified they had no idea he was planning on leaving on a motorcycle, but the medical records
showed otherwise:

There was also a question of fact as to whether our client was given discharge instructions not to drive. The doctor
claimed he presented them, but they were not in the medical records produced to us.

So while there were some minor factual issues, it was undisputed that: 1) our client was administered
versed/fentanyl; 2) you should not drive within 24 hours of taking versed; 3) he was discharged just a few hours
later; 4) without an adult; 5) there was no attempt to find him facility lodging or keep him admitted; 6) he left on
a motorcycle; 7) he slid off the road; and 8) was horrifically injured.

We were very happy that we were able to obtain this large settlement for our client considering the issues in the
case and that the medical malpractice damages caps applied. If you or a loved one undergoes any procedure under
moderate sedation, please arrange for a safe ride home.

You can read the Missouri Lawyers Weekly
article about the case here.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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