On the same day Mosaic Life Care settled a medical malpractice claim for $3.85 million, a jury verdict against the hospital was formally entered in another malpractice case. The jury’s wrongful death judgment, adjusted down by the judge, totaled more than $2.5 million.

Circuit Judge Randall Jackson formally entered the judgment on Wednesday in the case of Lois Sullwold of St Joseph.

Last month, the panel awarded five million dollars in past and future “non-economic” damages (pain and suffering). The law limits the amount of such damages to $350,000 for actions that occurred before August of 2015, when the cap was raised to $700,000 by the General Assembly.

“It’s unfortunate that the public doesn’t know that. Even though the jury heard the evidence, and decided that there was negligence involved, the law doesn’t allow such high awards for non-economic damages,” said Bill Bird, the attorney for the estate of Lois Sullwold.

Ms Sullwold, a woman in her 70s, died after problems arose around an IV placed in the crook of her elbow that later become infected. The infections caused what Bird described as 18 months of misery, in which she was hospitalized for all but about 30 days.

“It is a shame, and I’d like to see the evidence that such damage caps work,” Bird said. “I think the jury was trying to send a message. ‘Don’t treat patients this way; train your nurses.’ ”

Evidence showed that Ms Sullwold began bleeding from the site of the IV, but that nurses merely cleaned up the site, and reinserted the IV at the same location. Bird says standard medical practice calls for IVs not to be placed in locations such as the wrist or the elbow, because they can and often do move.

The jury awarded punitive damages of one million dollars in the trial. They also awarded $1.2 million dollars for past economic damages.  Judge Jackson entered $350,000 for non-economic damages.

The case went to trial on March 14, 2017. The panel returned a verdict on March 20. Judge Jackson entered the formal judgment Wednesday.