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Error during catheter procedure led to patient’s death, per suit

Type:

Verdict-Defendant

State:

Georgia

Venue:

DeKalb County

Court:

DeKalb County, State Court

Injury Type(s):

other-death; cardiac-cardiac arrest

Case Type:

Wrongful Death; Medical Malpractice – Surgical Error, Negligent Treatment

Case Name:

Larry Bailey v. J. Eduardo Corso,
No. 12A45372

Date:

March 12, 2015

Parties

Plaintiff(s):

Estate of Arlene Bailey (Female, 59 Years)

Plaintiff Attorney(s):

Keishan Jamal Davis;
Townes, Davis & Associates;
Tucker,
GA,
for
Estate of Arlene Bailey ■ Alfonso Craig;
The Craig Law Firm, LLC;
Atlanta,
GA,
for
Estate of Arlene Bailey

Plaintiff Expert(s):

Russell Samson; M.D.; Vascular Surgery; Sarasota,
FL called by:
Keishan Jamal Davis, Alfonso Craig

Defendant(s):

J. Eduardo Corso, M.D.

Defense Attorney(s):

Daniel J. Huff;
Huff, Powell & Bailey LLC;
Atlanta,
GA,
for
J. Eduardo Corso, M.D. ■ David MacKenzie;
Huff, Powell & Bailey LLC;
Atlanta,
GA,
for
J. Eduardo Corso, M.D.

Defendant Expert(s):

Peter H’doubler;
Cardiovascular Surgery;
Atlanta,
GA called by:
Daniel J. Huff, David MacKenzie ■ Anthony Avino;
Cardiovascular Surgery;
called by:
Daniel J. Huff, David MacKenzie

Insurer(s):

MAG Mutual for Corso

Facts:

In August 2011, plaintiff’s decedent Arlene Bailey, 59, underwent surgery at Emory University Hospital in Atlanta by defendant J. Eduardo Corso, M.D., to place a permanent catheter outside her heart to aid in dialysis for treatment of end-stage renal disease. The apex of the right ventricle was punctured, resulting in cardiac tamponade, which caused Bailey to go into cardiac arrest while still in the operating room. She died 12 days later. Arlene Bailey’s brother, Larry Bailey, sued Corso for negligence and malpractice on behalf of his sister’s estate. Plaintiff alleged that Dr. Corso failed to adequately monitor the tip of the guidewire and ensure that it never entered the patient’s heart. Also, plaintiff alleged that Dr. Corso failed to reasonably consider whether the patient’s cardiac arrest was the result of a pericardial tamponade, as there was no diagnostic procedure done to assess whether a tamponade was the cause of the arrest for 35 minutes. Moreover, plaintiff argued that at no time did Dr. Corso notice the guidewire in the heart. At trial, the defense held that the procedure, which was done under fluoroscopy, was a difficult one because of Ms. Bailey’s tortuous anatomy and prior permacath placements, which left behind scar tissue in veins. Therefore, Dr. Corso claimed he had to take a more complicated route to the heart, entering on the left side of the neck rather than the right side, resulting in a complicated S-shaped route. The defense also argued that the puncture of the ventricle was a recognized complication of the procedure. Additionally, Dr. Corso asserted that the procedure was further complicated by the need to use stiffer wire than usual due to the presence of the scar tissue. The main dispute was whether the perforation occurred during the insertion of the catheter or during the removal of the guidewire after the insertion. The defense held it was the latter, as the code event happened after the procedure was complete.

Injury:

Mrs. Bailey died as a result of a perforation of her heart. Her death occurred 12 days after a procedure to place a permanent catheter outside her heart to aid in dialysis for treatment of end-stage renal disease.

Result:

The jury found for the defendant and a defense verdict was entered.

Trial Information:

Judge:

Alvin Wong

Trial Length:

4
 days

Trial Deliberations:

1.5
 hours

Jury Vote:

12-0

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel also contributed to the report.