........... case#108636 begins here ........... Medical Malpractice

Patient with thrombosis died of embolism days after release

Verdict: $16,131,380.00

Case Type: Failure to Detect, Medical Malpractice - Failure to Diagnose

Case: Cynthia Wisniewski, as Personal Representative of her Deceased Husband, and on behalf of their three minor children v. Marc A. Reiskind, M.D. and Pinellas Physiatry Associates, No. 01-70344-CI

Venue: Pinellas County Circuit Court, 6th, FL

Judge: James R. Case

Date: 10-17-2003

PLAINTIFF(S)

Attorney: Ralph L. Gonzalez; The Yerrid Law Firm; Tampa, FL, for Estate of Robert J. Wisniewski, Jr. C. Steven Yerrid; The Yerrid Law Firm; Tampa, FL, for Estate of Robert J. Wisniewski, Jr.

Expert: Gary Yarkony M.D.; Physical Medicine; Elgin, IL called by: C. Yerrid Gary Albrecht Ph.D.; Economics; Sarasota, FL called by: C. Yerrid Ernest Rehnke M.D.; Surgery; St. Petersburg, FL called by: C. Yerrid

DEFENDANT(S)

Attorney: John D. Kiernan; Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster; St. Petersburg, FL, for Marc A. Reiskind, M.D., Pinellas Physiatry Associates

Expert: Alan Novick M.D.; Physical Medicine; Hollywood, FL called by: John Kiernan Clinton Davis M.D.; Orthopedics; St. Petersburg, FL called by: John Kiernan Laura Hair M.D.; Pathology; Tampa, FL called by: John Kiernan

Insurer: ·Florida Physicians Insurance Co.

On Jan. 28, 1999, plaintiff's decedent Robert Wisniewski Jr., 46 and disabled, went to Bayfront Hospital in St. Petersburg, where he underwent a posterior spinal surgery while under the care of Marc Reiskind of Pinellas Physiatry Associates, St. Petersburg. Four days later, Wisniewski underwent the second part of the surgery on his anterior spine. On Feb. 12, after only two days in the rehabilitation unit, Wisniewski went home. He died there two days later of a massive pulmonary embolism. Wisniewski's estate sued Reiskind and Physiatry Associates for medical malpractice. The estate claimed that Wisniewski's pulmonary embolism was caused by deep vein thrombosis (DVT) that Reiskind failed to detect. It further claimed that Reiskind should have suspected that Wisniewski had DVT because Wisniewski met several of the risk factors and symptoms, including obesity, sedentary condition and the onset of bilateral lower extremity pain and swelling. The estate contended that, due to Wisniewski's condition, the doctor should have performed serial Doppler (ultrasound) examinations to detect thrombosis. Had the DVT been detected, the doctor should have then placed Wisniewski in compression boots and administered blood-thinning medication to control the thrombosis. The defense maintained that Reiskind did not believe that Wisniewski had DVT because it was more reasonable to believe that his pain was neuropathic and stemmed from prior back surgeries. The defendants also argued comparative fault, alleging that Wisniewski left the hospital despite being advised to stay. (The estate claimed that Wisniewski did not leave against medical advice.) Had Wisniewski stayed, the defendants claimed, the hospital staff could have moved him around, preventing the DVT. The defense presented expert testimony from a pathologist that the embolism was acute and 20 hours old when Wisniewski died, meaning that it developed after he left the hospital.

Injury: Wisniewski died at 46, leaving behind a 39-year-old wife and three children, ages 21, 17 and 7. He was on disability due to a construction accident years earlier and used a wheelchair, though he was able to walk with difficulty. He did not work, but stayed at home with his children. The attorneys for the estate said that they undervalued the loss of past and future support and services to the jury (seeking $121,972), as not to risk the jury believing the estate was asking for too much.

Verdict Information: The jury found the defendants joint and severally liable and found no comparative fault on the part of the decedent. The jury awarded the estate $16,131,380. At the time the case was filed, there was no medical malpractice cap in Florida. (It is now $500,000 for injuries or $1 million for death.) Plaintiff attorney Ralph Gonzalez said this case is among the last of its kind in Florida not subject to the cap. Gonzalez said that this award is believed to be the largest ever rendered for medical malpractice/personal injury in Pinellas County.

Estate of Robert J. Wisniewski, Jr. $71,000 Wrongful Death: Past Lost House Hold Services $150,972 Wrongful Death: Future Lost House Hold Services $1,400,000 Wrongful Death: Past Mental Angiush $6,300,000 Wrongful Death: Future Mental Angiush $109,408 Wrongful Death: medical and funeral expenses $3,600,000 Wrongful Death: childrens' past mental anguish $4,500,000 Wrongful Death: childrens' future mental anguish