Florida Verdicts

Plaintiff(s):

Muriel Tenney (Female, 38 Years), 

Avantae Tenney (Male), 

Tyler Tenney Jr. (Male), 

Tyler Tenney Sr. (Male)

Plaintiff Attorney(s):

Jay Cohen;
Law offices of Jay Cohen, P.A.;
Fort Lauderdale,
FL,
for
Muriel Tenney, Avantae Tenney, Tyler Tenney Jr., Tyler Tenney Sr. ■ Rudwin Ayala;
Law offices of Jay Cohen, P.A.;
Fort Lauderdale,
FL,
for
Muriel Tenney, Avantae Tenney, Tyler Tenney Jr., Tyler Tenney Sr.

Plaintiff Expert(s):

Ira Morris;
M.H.S.;
Vocational Rehabilitation;
Coral Springs,
FL called by
Jay Cohen, Rudwin Ayala ■ David Williams;
Ph.D.;
Economics;
Fort Lauderdale,
FL called by
Jay Cohen, Rudwin Ayala ■ Daniel Abbott;
M.D.;
Emergency Medicine;
Santa Ana,
CA called by
Jay Cohen, Rudwin Ayala ■ Nicholas Suite;
M.D.;
Neurology;
Hollywood,
FL called by
Jay Cohen, Rudwin Ayala

Defendant(s):

Marc Shapiro, 

Sethuraj Raj, 

Ahmed Shehata, 

Robert Ringelheim, 

Jean-Daniel Pierrot, 

Inphynet South Broward Inc., 

South Broward Hospital District

Defense Attorney(s):

Jay P. Chimpoulis;
Chimpoulis, Hunter & Lynn, PA;
Fort Lauderdale,
FL,
for
Marc Shapiro, Sethuraj Raj, Ahmed Shehata ■ Thomas G. Aubin;
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.;
Fort Lauderdale,
FL,
for
South Broward Hospital District ■ James J. Nosich;
Nosich & Ganz;
Coral Gables,
FL,
for
Robert Ringelheim, Jean-Daniel Pierrot, Inphynet South Broward Inc. ■ Barbra G. Paige;
Chimpoulis, Hunter & Lynn, PA;
Fort Lauderdale,
FL,
for
Marc Shapiro, Sethuraj Raj, Ahmed Shehata

Defendant Expert(s):

David Nateman;
Emergency Room/ER;
Miami,
FL called by
Jay P. Chimpoulis, Barbra G. Paige ■ David Goldstein;
Internal Medicine;
Sarasota,
FL called by
James J. Nosich ■ Patrick Joseph;
Infectious Diseases;
San Francisco,
CA called by
Jay P. Chimpoulis, James J. Nosich, Barbra G. Paige ■ William Friedman;
Neurosurgery;
Gainesville,
FL called by
James J. Nosich ■ William Spangler;
Emergency Medicine;
Katy,
TX called by
James J. Nosich

Insurer(s):

Lexington Insurance Co. for Inphynet South Broward Inc., Jean-Daniel Pierrot, Robert Ringelheim

On Dec. 4, 2007, plaintiff Muriel Tenney, 38, an administrative clerk, presented to Memorial Regional Hospital in Hollywood complaining of an abscess on her right upper back. Emergency room physicians Sethuraj Raj and Marc Shapiro treated her. The abscess was drained and she was discharged home with a prescription. On Dec. 24, Tenney presented to an urgent care center in Pembroke Pines complaining of severe chest pain. Family medical physician Ahmed Shehata examined her. After a few tests were run, Tenney was sent home. On Dec. 26, Tenney presented to the emergency room at Memorial Regional, again complaining of severe chest pain. Emergency room physicians Jean-Daniel Pierrot and Robert Ringelheim treated her before discharging her home. She returned to the emergency room later that evening with the same chest complaint, and was admitted to the hospital. On Dec. 27, Tenney developed numbness below the knees and ultimately complete paraplegia. She was paralyzed from the waist down. Tenney, along with her husband, Tyler Tenney Sr., and children, Avantae Tenney and Tyler Tenney Jr., sued the urgent care physician Shehata and the hospital’s emergency room physicians Raj, Shapiro, Pierrot and Ringelheim for medical malpractice. The plaintiffs also sued the physicians’ employer, Inphynet South Broward Inc., claiming it was vicariously liable for their negligence. Tenney also sued the hospital and the urgent care center’s administrator, South Broward Hospital District, alleging vicarious liability. Raj and Shapiro were dismissed from the case prior to trial. South Broward Hospital District settled with Tenney for $200,000 prior to trial. Tenney’s husband and children were dropped from the suit prior to trial. The matter proceeded to trial against Shehata, Pierrot, Ringelheim and Inphynet South Broward. Tenney’s emergency medicine expert testified that the doctors were negligent for failing to admit Tenney to the hospital earlier and worked up for the unexplained, severe chest pain. He further testified that the failure led to a delay in the identification of a spinal epidural abscess that began as a cyst on Tenney’s right shoulder and progressed to an infection in her spine within three weeks. He further testified that although Tenney complained to Shehata, Pierrot and Ringelheim of severe chest pain that had become worse since her initial Dec. 4 hospital visit, the physicians failed to perform the proper tests or scans. He further testified that when the proper tests were ultimately performed, it was discovered that the abscess was compromising and damaging Tenney’s spinal cord. Tenney’s neurology expert testified that had Tenney been admitted to the hospital earlier, doctors would have uncovered the spinal epidural abscess and successfully treated it before it led to paralysis. He testified that a CT angiogram would have incidently shown the spinal abscess. Defense counsel for Shehata claimed the doctor saw Tenney at the urgent care center at 11 p.m. on Dec. 24 and treated her before discharging her home pain-free and feeling fine at 1:20 a.m. on Dec. 25. An emergency medicine expert for Shehata, David Spangler, testified that when Tenney presented to the urgent care center with complaints of gassy, epigastric chest pain after eating rice, pork and beans, all life-threatening conditions were ruled out by an EKG, chest X-ray, and physical examination. She was given an intramuscular 125 mg dose of Solu-Medrol (a G.I. cocktail)and one Percocet for a diagnosis of costrochondritis. He further testified that Tenney was discharged by Shehata completely pain-free after two and a half hours and instructed to return to the ER instead of the urgent care center if her symptoms worsened. He testified that the standard of care of Shehata’s treatment was met. Defense counsel for Pierrot and Ringelheim claimed that when Tenney returned to the hospital on Dec. 26 complaining of continued pain, the doctors treated her for seven hours and she was discharged pain-free with instructions to return to the emergency room if the symptoms returned. The defense’s expert neurosurgeon testified that a CT angiogram was not warranted because a pulmonary embolus was ruled out by the negative results of a VQ lung scan that was performed on Tenney when she presented to Memorial Hospital on Dec. 26. Defense counsel for Shehata, Pierrot and Ringelheim argued that after Tenney was admitted to the hospital, there was a delay from 1 p.m. on Dec. 27, when she made her first complaint of numbness and weakness in her lower extremities, until the morning of Dec. 28, when a specialist was consulted. Defense counsel added a non-party Fabre defendant, Matthew Zucker, an internal medicine physician employed by the hospital, to offset any fault apportionment. They claimed Zucker took over Tenney’s care when his shift began at 7 a.m. Dec. 27. They argued that Zucker did not appreciate the significance of Tenney’s rapidly developing paralysis and did not consult a specialist until Dec. 28. The defense’s emergency medicine experts testified that Zucker fell below the standard of care by failing to obtain a STAT MRI and neurology consult at the first neurological complaint. They also testified that Zucker did nothing about Tenney’s neurological complaints until it was too late. They defense’s ER medicine experts further testified that Tenney would not be paralyzed if Zucker had obtained a STAT MRI and a neurology consult.

Tenney underwent decompression surgery to remove the abscess but permanent paralysis had occurred. She is paralyzed from the waist down and confined to a wheelchair. Tenney’s vocational rehabilitation expert testified that Tenney will require nursing care for the rest of her life, a wheelchair-accessible home, transportation, and equipment to accommodate her activities of daily living. Tenney’s economist estimated her life care plan at $3.5 million. Tenney sought to recover damages for past and future medical costs and past and future pain and suffering. Her counsel suggested the jury award $16 million. Defense counsel did not contest Tenney’s damages.

The jury found that there was no negligence on the part of Shehata. It found that Pierrot was 20 percent negligent, Ringelheim was 22 percent negligent, and Fabre defendant Zucker was 58 percent negligent. It determined that Tenney’s damages totaled $19,252,039. Because of comparative negligence on the part of Zucker, the net award was $8,085,856.

Muriel Tenney: $6,800,000 Personal Injury: Past Pain And Suffering; $9,000,000 Personal Injury: Future Pain And Suffering; $3,452,039 Personal Injury: past and future medical costs

Actual Award:

$8,085,856

Judge:

Jack Tuter

Trial Length:

10
 days

Trial Deliberations:

5
 hours

This report is based on information that was provided by plaintiffs’ and defense counsel for Sethuraj Raj, Marc Shapiro, Ahmed Shehata and South Broward Hospital District. Defense counsel for Jean-Daniel Pierrot, Robert Ringelheim and Inphynet South Broward Inc. did not respond to the reporter’s phone calls.