| Appeal court ordered to reconsider malpractice cap in suit brought by Townsley Law Firm client |
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March 11, 2011 Joe and Helena Oliver sued nurse practictioner Susan Duhon after their young daughter was diagnosed with neuroblastoma that went undiagnosed through 32 appointments with Duhon before the child's first birthday. The Oliver's attorney, Todd A. Townsley, said diagnosis before her first birthday would have meant a 90 percent chance of a full cure for Taylor who is now 10 years old. Townsley said Taylor can talk and do schoolwork, but her disabilities mean she will never be self-supporting. "With an award of $500,000, after attorneys' fees and the expenses of litigation, she's left with very little money to take care of herself for the rest of her life," he said. The 3rd Circuit ruling said the cap on general damages when applied to a nurse who is acting as a doctor unconstitutionally discriminates against the Olivers "because of the severity of Taylor's physical condition when compared to other malpractice victims who receive full recovery for their injuries." |