Verdict Amount: $ 4,596,730.30

Date of Verdict: January 24, 2007

Length of Trial: 7 days

Jury Deliberations: Unanimous verdict of twelve jurors after 45 minutes of deliberation.

Case: Antoinette D. Hastings v. Bobby L. Herrington, M.D.
          State Court of Liberty County
          Civil Action File No.: 05-SV-7255

Summary of Case:

Dr. Herrington placed a chest tube into Antoinette Hastings on February 13, 2004 at approximately 3:25 a.m. because he thought she had a pneumothorax. Antoinette did not have a pneumothorax. Dr. Herrington improperly placed the first chest tube at 3:25 a.m. At 4:00 a.m., Dr. Herrington pulled out the first chest tube. At 4:02 a.m., Dr. Herrington inserted a second chest tube with the return of 150 cc of blood. At 4:05 a.m., Dr. Herrington inserted a 40 French chest tube. At 4:10 a.m., Dr. Herrington re-adjusted the 40 French chest tube.

Due to Dr. Herrington's negligence in misdiagnosing a pneumothorax and Dr. Herrington's negligence in improperly placing multiple chest tubes, Antoinette suffered lacerations and contusions of the right lung. As a direct and proximate result of lacerations and contusions in a pneumatic right lung, Antoinette suffered severe oxygen deprivation causing hypoxic brain injury.

Dr. Herrington denied negligence, causation and damages.