Ebola victim's family settles suit against hospital

DALLAS — The family of Thomas Eric Duncan — the Liberian Ebola patient who died at a Dallas hospital last month — walked out of a Dallas courtroom on Wednesday, not rejoicing... but relieved.

"My family, we are okay," said Mai Wureh, Duncan's sister, "We're just happy that it's over."

The family settled a lawsuit against Texas Health Presbyterian Hospital and two physician groups over Duncan's death on October 8. Duncan had initially been sent home from the emergency room.

"I believe this facility is an outstanding facility," said Josephus Weeks, Duncan's nephew, at a Wednesday afternoon news conference to announce the settlement. "But we as humans are not perfect. We make errors. But it's how you recover from your errors that makes you who you are."

MORE: Stories about Thomas Eric Duncan

Duncan's nephew said he was grateful for the rapid resolution, which he called "an honorable thing to do." He had been critical of the care his uncle received.

On Wednesday, Weeks and his lawyer went on record with a public about-face.

"I believe the errors in this case happened regardless of race, regardless of insurance coverage," said attorney Les Weisbrod, "But they happened because of policies and procedures that were not appropriately followed or were not appropriately in place."

Had the case gone to trial, medical malpractice laws would have capped damages for pain and suffering to $250,000. Laws offer additional protection to emergency room doctors and nurses.

Duncan's family would have had to prove that any negligence was on purpose.

At the heart of the case was the emergency room's failure to suspect Ebola when Duncan initially came in and was sent home with a diagnosis of sinusitis. Some have suggested that was because of race, or inability to pay.

Weisbrod rejects that, based on the facts of this case and previous cases he said he has brought against Presbyterian Hospital "involving wealthy white people who were sent out of the emergency room and died inappropriately."

And responding to criticism that Duncan may not have been forthcoming enough about his potential exposure, Weisbrod said it's nonsensical that anyone seeking medical help would withhold a hunch that they might have Ebola.

"You would say, 'Wait a minute, don't send me out... I am a lot sicker than sinusitis.' He didn't know," the attorney said.

Instead, Texas Health Presbyterian and its medical providers resolved this suit in record time.

Duncan's four children, mother, and father will split an undisclosed settlement; they won't have to pay for the hospital's treatment.

"I think it's as good or better — considering the constraints that we have under the law — than what we could have achieved if we'd taken this all the way through the legal process, Weisbrod said.

No one is releasing the dollar amount of the deal, which comes just 35 days after Duncan's death. But in 35 years of handling cases like this one, Weisbrod — who claims to have sued every hospital in North Texas — says he's never seen a speedier settlement.

The family received an official letter of apology from the hospital's chief executive. In addition, a charitable foundation in Thomas Duncan's name is being created to help fight Ebola in Liberia.

The hospital declined an interview, but released a statement saying — in part — that the deal will now allow healing for all involved.

Duncan's fiancée, Louise Troh, is not a family member, and therefore not entitled to any part of the settlement.