Magistrate Judge Rejects Set-Off Of $12.6 Million Award In MRSA Misdiagnosis Suit

Mealey's (November 26, 2018, 7:45 PM EST) -- MEDFORD, Ore. — The federal government was not entitled to a set-off of an award for past medical expenses to a man who was on Medicaid when he was left nearly quadriplegic from an untimely diagnosed MRSA infection, an Oregon federal magistrate judge concluded Nov. 6.  Following post-trial briefing on damages, the judge awarded the plaintiff $12,647,009.06, including $1,847,009.06 in past medical expenses (John Eric Smith v. United States, No. 16-00690, D. Ore.)....