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Jury awards $26M in malpractice lawsuit, a Nebraska record

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Published: Nov. 30, 2021 at 5:10 PM CST
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OMAHA, Neb. (AP) — A jury has awarded $26.1 million to a Sarpy County family who sued Children’s Hospital and Medical Center in Omaha after their child was sent home following a fall, then suffered seizures that left her permanently disabled.

The award is a record for medical malpractice in Nebraska, but could be drastically reduced under Nebraska’s $2.25 million cap on medical malpractice verdicts. The Omaha World-Herald reports that the jury on Monday awarded $21.5 million for a lifetime of medical care and damages to 5-year-old Vivianne Marousek and another $4.6 million to her parents.

The jury found that Children’s and one of its doctors improperly discharged Vivianne in 2017 after she suffered brain trauma in an accidental fall.

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