During a routine spleen removal, Janet Garner went through the surgery without incident. After recovering she left the hospital relieved thinking that her medical woes had been taken care of. Years later, however, an infection would develop which would change Janet’s life forever.
One day, Janet noticed lacerations on her hands and feet, which began to spread all over her limbs. As it turns out, she had contracted an infection that was destroying her arms and legs. After rushing to the hospital for treatment it was revealed she was supposed to receive a vaccine within 5 years of her spleen removal. Her doctors, who performed the initial surgery, were supposed to notify her about this important aspect of her post-op care but failed to do so.
What followed were years of agony which lead to numerous operations and amputated fingers, toes, and feet.
“Every step is painful. It feels like walking on sharp rocks,” she said. “It’s really hard. I feel helpless and useless.”
But in spite of the years of suffering and heart-ache all she could be entitled to was $250,000 for noneconomic damages because of the compensation cap put in place by MICRA.