In March 2012, Aspen attorney David Bovino secured the highest-awarded medical malpractice lawsuit in the history of Santa Clara County, California at $22 million.
The case—Robyn S. Frankel v. Palo Alto Medical Foundation Group—focused on a physician’s use of a cerebral angiogram without informing the patient of the potential risks.
As a result of the procedure, the patient suffered a stroke that resulted in significant paralysis.
In 2006, the woman’s medical team decided to give her a cerebral angiogram in an attempt to better understand why she’s suffered from migraine headaches her entire life. The procedure called for her doctor to inject a special dye into a vein to more closely examine what was believed to be the cause of her headaches.
However, the victim was not told that the procedure was invasive, risky, and associated with several potential side effects. The jury came to the final decision that the patient was not given informed consent.
With the help of expert witnesses, Aspen attorney David Bovino and his colleagues were able to prove that the procedure was not medically necessary, as there were no health benefits associated with its performance. The test would not provide any information that wasn’t already available through various non-invasive tests.
At the time of the procedure, the victim was raising two children while also enjoying a successful career as a property manager.
As a result of the stroke, she was left in a coma for six weeks. Upon awakening, she had limited use of her left side and no use of her right side. Furthermore, she was unable to speak for several months after the incident.
In an article detailing the case, the victim was quoted as saying:
“I was bedridden. I used to participate in all my children’s activities in and out of school. I used to ride horses and be involved with vaulting, which is gymnastics on horseback. I can no longer do any of these activities.”
Adding another layer of challenges was the fact that the initial case was dismissed in May 2010 with prejudice. This resulted in the victim’s original attorney dropping the case.
Upon hiring Aspen attorney David Bovino, along with co-counsel Emison Hullverson Mitchell, the case was reopened after proving triable issues of fact.
The verdict resulted in a $22 million award, with $14 million for economic losses and future care, $6 million for pain and suffering, and $2 million for past medical expenses and losses in earnings. This record-setting medical malpractice verdict is just one of many notable legal victories achieved by Attorney David Bovino.
David Bovino is a long-time resident of Aspen, CO and the founder of Bovino & Associates, a boutique firm specializing in complex litigation, family law, estate planning, and more. He earned his law degree from Golden Gate University School of Law in San Francisco, and gained international law experience at the International Court of Justice in The Hague, Netherlands. He invites you to schedule a free consultation with him today to discuss your legal needs.