Professional Negligence Law Reporter

Doe, 25, presented to a VA emergency room, complaining of severe radiating pain to her left leg that had increased despite two days of bed rest. The attending ER provider allegedly started Doe, who had a mild fever and a rapid heart rate, on a course of oral steroids and discharged her with a diagnosis of sciatica.

Doe returned to the ER later that day hypotensive and unable to walk. A different provider prescribed a muscle relaxer and Tylenol and discharged her.

Doe went to a different hospital the next day. She was admitted for an emergency fasciotomy to treat compartment syndrome secondary to a necrotizing infection. Doe, who was in septic shock, was transferred for a higher level of care and underwent an emergency above-the-knee amputation. She was hospitalized for several weeks and experienced respiratory failure, kidney injury, and pulmonary emboli.

Doe brought a federal tort claim, alleging failure to timely diagnose necrotizing fasciitis and compartment syndrome.

The parties settled for $1.6 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. Dec. 19, 2023).

Plaintiff counsel: AAJ members Lee Livingston and Anthony Greene, both of Charlottesville, Va.