Woman suffers infection years after splenectomy

The patient underwent a splenectomy in 1995. Following the procedure, she received a pneumovax vaccination. She did not receive a Hemophilus or Meningiococcal vaccination.

In April 2001, the patient, then 35, began seeing a new doctor for her primary care. She saw the physician on two occasions and a nurse practitioner on four occasions. Neither of them recommended or administered a pneumococcal revaccination.

The plaintiff developed a pneumococcal infection that required a three-month hospitalization and a two-month stay in a rehabilitation residence. During her hospital admission, the plaintiff became septic, suffered organ failure and necrosis, and had to undergo partial amputation of her toes. She suffers from chronic infection and pain.

The patient contended that considering her asplenia, the standard of care required the defendants to revaccinate her.

The defense team argued that all of the visits were acute sick visits rather than annual preventative and wellness physicals. They claimed that this did not provide them with an opportunity to recommend or administer a pneumococcal vaccination.

The defendants also opined that a pneumococcal vaccination is not the standard of care, is not proven to be effective, would not necessarily have prevented the patient’s variant of pneumococcal infection and had not been recommended by other non-party physicians.

The case settled for $3 million after a second mediation.

Type of action: Medical malpractice

Injuries alleged: Failure to administer pneumococcal vaccine resulting in sepsis, organ failure and necrosis

Date: September 2009

Submitted by: Philip J. Crowe Jr. and Michael J.

Harris, Crowe & Mulvey, Boston