JACKSONVILLE, Fla. -- It is one of the largest malpractice settlements ever paid out in Northeast Florida. Memorial Hospital has been ordered to pay former Clay County Sheriff deputy, Clay Chandler, $178 million in damages for a botched gastric bypass procedure. The procedure left Chandler brain damaged to the point where he will need full time care for the rest of his life.
"The important thing for us was for Mr. Chandler to be taken care of for the rest of his life," said Chandler's attorney, Tom Edwards.
A Duval County jury has ordered Memorial Hospital to pay Chandler and his family a total of more than $180 million after finding the hospital negligent in care of a patient. The initial compensatory award came Friday in a sum of $167 million. Today the jury ordered Memorial to pay the Chandlers an additional $10 million in punitive damages.
"I think the jury recognized what's going in and they considered the evidence that the hospital wasn't doing the things they needed to do to protect the Chandlers and the public," said Edwards.
Attorneys say Memorial misled Chandler, falsely advertising Dr. John Deperi as a certified bariatric center of excellence physician when he didn't meet the requirements. Dr Deperi's failure to check on Chandler's condition is what ultimately led to his low flow stroke.
"Most doctors or many doctors that are trained in this kind of surgery would have made the decision to take him back in for exploration," said Edwards.
As for Memorial, they wouldn't talk to Action News Cameras but they sent us this statement:
"We are saddened by what Mr. Chandler has experienced. While we sympathize with him and his family and respect the judicial process, we do not agree with the outcome of the case and intend to appeal..."
"...We provide excellent care at Memorial and are committed to the quality care we provide our patients. It's a commitment that has been recognized by quality and accrediting organizations from around the country."
Yet one of the hospitals own, a former registered nurse quit shortly after Chandler's procedure citing quote "negligent care and harm it causes to patients."
Action news has learned that Doctor John Deperi is still practicing at Memorial Hospital.
