Linda Gilbert, a 78‑year‑old Nashville woman, filed a health‑care liability lawsuit on November 6 in Davidson County Circuit Court, seeking $50 million in compensatory damages and $100 million in punitive damages after a medication error at Ascension Saint Thomas Midtown left her with a permanent spinal‑cord injury.
According to NewsChannel5, the error occurred on August 14 when Gilbert was undergoing a routine knee‑replacement procedure. Instead of the intended anesthetic, mepivacaine, pharmacy staff prepared and injected potassium phosphate directly into her spinal canal. The lawsuit alleges that this “reckless, gross departure from the standard of care” caused severe weakness and loss of use of her legs, rendering her a paraplegic who now requires intensive, lifelong care.
Gilbert was the third of four joint‑replacement patients that day to receive the wrong medication. All four reported an immediate burning pain in their legs, yet hospital staff continued the surgeries after placing the patients under general anesthesia. The complaint further claims that after the operation, staff delayed more than ten hours before administering a recognized treatment to wash the harmful fluid from the spinal cord.
WSMV reported that the lawsuit also challenges Tennessee’s longstanding cap on noneconomic damages—set at $750,000 to $1 million for paralysis cases—arguing the limit is unconstitutional and places an undue burden on severely injured, elderly plaintiffs like Gilbert.
In response, Ascension Saint Thomas issued a statement saying it is aware of the complaint and is cooperating with the legal process, expressing “sympathy and concern” for the affected patients and families. The health system also noted that it self‑reported the error to regulators, implemented new pharmacy safeguards, and that federal regulators removed the hospital’s “Immediate Jeopardy” status in September after confirming corrective measures.
Gilbert’s family declined comment, emphasizing the seriousness of the allegations and the desire not to jeopardize the case. The plaintiff’s attorney, Randy Kinnard, said the lawsuit seeks a jury trial and aims to eliminate the damage‑cap that has limited compensation for paralyzed Tennesseans for the past 15 years.
Gilbert remains at a specialized spinal‑injury rehabilitation facility in Atlanta while pursuing the lawsuit.
What’s next: The case is set for a jury trial in Davidson County Circuit Court later this year. Both parties will continue to exchange pre‑trial motions, and the court will determine whether the state’s damage‑cap can be challenged.
Sources: newschannel5.com, wsmv.com, wsmv.com
