$17.5 Million Verdict for Man Who Lost All Four Limbs After Infectious Disease Doctor Ignored MRSA

David Fitzgerald went to RHD Memorial Medical Center in Farmers Branch, Texas for abdominal surgery to repair a duodenal ulcer. He was 53 years old and had worked in maintenance. The surgery itself was not the problem.

After the operation, Fitzgerald developed a hospital-acquired infection caused by methicillin-resistant Staphylococcus aureus, the drug-resistant bacteria commonly called MRSA. His case was referred to Dr. Meenakshi S. Prabhakar, an infectious disease specialist whose job was to identify the pathogen and prescribe the correct treatment.

According to the evidence presented at trial, Dr. Prabhakar administered eight different antibiotics, none of which were effective against the resistant strain. The drug she never prescribed was Vancomycin, the standard-of-care antibiotic for MRSA. Fitzgerald's infection spread into his bloodstream, causing septic shock. Gangrene followed. Surgeons had no choice but to amputate both of his arms below the elbows and both of his legs below the knees.

Linda Turley of Turley Law Firm represented Fitzgerald at trial in the 160th Judicial District Court of Dallas County. The jury found Dr. Prabhakar 100 percent responsible for Fitzgerald's injuries and returned a verdict of $17.5 million on February 13, 2009. KLTV reported it as one of the largest medical malpractice verdicts in Dallas County history at that time.

Texas law caps noneconomic damages, so the amount Fitzgerald could actually collect was substantially lower than the headline figure. The trial court applied the statutory $250,000 cap on pain, suffering, and disfigurement and reduced past medical expenses to amounts actually paid rather than billed, bringing the modified judgment to approximately $5.24 million.

Dr. Prabhakar and her practice group appealed. In August 2012, the Texas Court of Appeals affirmed the liability finding and the damages cap in full but reversed the trial court's handling of periodic payments for future medical expenses, remanding that limited issue for proper calculation under Texas law. The court record names Linda Turley among Fitzgerald's counsel throughout.