VA Hospital Isn't Liable In Shrimp Allergy Death, Judge Says

Law360 (September 11, 2018, 5:21 PM EDT) -- A Missouri federal judge has ruled that a Veterans Affairs hospital is not liable in a wrongful death suit, finding that the physician’s decision not to attempt a risky emergency surgery on a patient dying of a shrimp allergy does not constitute negligence.

In findings of fact and conclusions of law filed Monday, U.S. District Judge Gary A. Fenner ruled in favor of the Kansas City Veterans Affairs Medical Center against Jada Weldon, writing the doctors were only required by the standard of care to consider performing a cricothyroidotomy on Lorenzo Weldon, Jada’s son, after his throat swelled up, and that...

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