Obstetric Negligence

PHP Law Firm Wins Clients $6.55 Million Wrongful Death Verdict

After nearly four years of building a case and two and a half weeks of evidence and testimony, Brad J. Prochaska and Ryan A. Prochaska, Wichita wrongful death attorneys at PHP Law Firm, recently won their clients $6.55 million — one of the largest wrongful death verdicts in Kansas history.

The case revolves around the wrongful death of Lindsay Perez, who passed away hours after giving birth in 2015. Admitted to Wesley Hospital after suffering a “panic attack,” Lindsay was diagnosed with preeclampsia, a pregnancy complication characterized by high blood pressure and damage to organs. In light of this diagnosis, doctors recommended an emergency C-section. After successfully delivering her baby, Lindsay started to develop increasingly high blood pressure and more and more difficulty breathing. By the time doctors intubated, Lindsay’s lungs had filled with fluid. Four hours after giving birth to her son, Lindsay passed away from pulmonary edema.

“Lindsay’s death was tragic and preventable,” Prochaska (Ryan A.) said. “We took this case because deaths like hers should never happen.”



The Results

Prochaska and Prochaska represented Lindsay’s husband, Edgar, and son, Zander, in a wrongful death suit against Wesley Medical Center. After two hours of deliberation, the jury in the case returned a verdict siding with Edgar and Zander and awarding them $500,000 for Lindsay’s conscious pain and suffering prior to death, $1,000,000 for the grief and bereavement of surviving spouse and son, $1,800,000 in wage loss, $1,250,000 for further economic loss to surviving spouse, and $2,000,000 for further economic loss to surviving son for a total of $6,550,000. Currently, a Kansas law caps Edgar and Zander’s bereavement damages at $250,000, so Prochaska (Brad J.) plans to challenge its constitutionality in the Supreme Court.

“It was an honor to represent Edgar and Zander,” Prochaska (Brad J.) said. “We are proud of the outcome of this case, but there is still a lot of work ahead.”


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