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Woman Who Filed Lawsuit Against Doctor’s Insurer Awarded $3.8 Million

Posted on Jun 10, 2009

A patient who was injured from a “tummy tuck” procedure was awarded $3.8 million in a lawsuit against American Physicians Assurance Corp.

Debbie Daniels’ obstetrician/gynecologist suggested that she have a tummy tuck during her hysterectomy in 2003. Daniels was unaware that the physician had not been trained to perform such a procedure.

Two days after the surgery was performed by Dr. David Lee Grimes, Daniels’ wound burst, which left a basketball-size hole in her stomach 7 to 8 inches deep. She had to have emergency surgery and was placed in a medically induced coma for a month. Daniels is now permanently disabled.

American Physicians Assurance Corp., which insures many Kentucky doctors, would not discuss a settlement with Daniels. After almost two years, the insurer finally made an offer of only $75,000, even though the company’s internal documents valued her damages at $1 million.

Daniels was unable to work, destitute and unable to keep her two children fed and housed, which led her to eventually accept a $650,000 settlement from the insurer. However, she reserved the right to sue the company for the settlement delay. She was recently awarded $3.8 million by a Jefferson Circuit Court jury, after a weeklong trial and 11 hours of deliberations. The jury found that the insurer acted in bad faith by delaying payment of her claim when it knew its client was liable.

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