A 40-year-old was admitted to defendant hospital after being found unconscious next to his lawnmower with a swarm of bees around. Plaintiff was treated for multiple bee stings, heat stroke, and possibly a seizure. One month later, plaintiff was stung again by bees and rushed to defendant hospital, where he died due to an allergic reaction to the bee stings. Decedent's estate sued the hospital and the treating emergency room doctor under a wrongful death theory. Plaintiff's counsel argued that decedent was improperly diagnosed when he first was treated at the hospital, and had the diagnosis been proper, the fatal effects of the bee stings could have been prevented. Defense counsel maintained that the doctor and hospital did adhere to appropriate standards of care, and that they were never informed of decedent's bee sting allergy. Sidebar: During jury deliberation the parties agreed to a high/low agreement, resulting in a lower recovery.
VERDICT: $1.67 million.
Melissa Hensley, Individually and as Executrix of the Estate of William Hensley v. Allen Retirado, et. al. (Morris County, New Jersey).