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Hospital Neglects Patient’s Known Allergies, Results in Death.

Stephanie Arndt and Donna MacKenzie obtained a favorable ruling on Wednesday from the Michigan Court of Appeals.  They represented the family of a client whose case was wrongfully dismissed.  The case involves an elderly woman, W, who went to the hospital because she was having trouble breathing.  The hospital told her that she had to have a CT Scan.  She was very nervous about the test and the doctors assured her that there would be no poking or prodding – that it would just be a picture of her insides.  The x-ray technician who performed the test, however, decided that W needed contrast dye.  Unfortunately, W was allergic to contrast dye – a fact that was documented in the hospital’s records.  Upon receiving the dye, W immediately began exhibiting signs of an allergic reaction and went into renal failure.  After several months of battling for her life, she passed away.  The trial judge dismissed the case on a procedural issue.  Arndt and MacKenzie thought that was wrong and appealed the case.  In June, they argued before three judges in the Michigan Court of Appeals.  On Wednesday, they found out that the judges agreed with them.  The trial judge’s decision was reversed and the case will now be heard by a jury.