Pennsylvania Verdicts
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$800,000
Type:
Verdict-Plaintiff
State:
Pennsylvania
Venue:
Allegheny County
Court:
Allegheny County Court of Common Pleas
Injury Type(s):
other-death; cardiac-cardiopulmonary/respiratory arrest
Case Type:
Medical Malpractice – Hospital; Wrongful Death – Survival Damages; Medical Malpractice – Failure to Monitor, Negligent Treatment, Post-Operative Care
Case Name:
Judith L. Cole, individually and as executrix of the Estate of Robert H. Cole v. St. Clair Memorial Hospital, Fatigati-Nalin & Associates P.C., St. Clair Medical Services Inc., M. Sabina Daroski M.D., Nicholas P. Ditullio M.D., Preferred Primary Care Physicians Inc., Michael P. Carpathios M.D., South Hills Pulmonary Associates Inc. and David A. Celko M.D.,
No. GD-10-002966
Date:
January 21, 2014
Plaintiff(s):
Judith Cole (Female),
Estate of Robert Cole (Male, 63 Years)
Plaintiff Attorney(s):
John D. Perkosky;
Ogg, Murphy & Perkosky LLP;
Pittsburgh,
PA,
for
Judith Cole, Estate of Robert Cole ■ Benjamin J. Gobel;
Ogg, Murphy & Perkosky LLP;
Pittsburgh,
PA,
for
Judith Cole, Estate of Robert Cole
Plaintiff Expert(s):
John McConville;
M.D.;
Pulmonology;
Chicago,
IL called by
John D. Perkosky, Benjamin J. Gobel ■ Matthew Marlin;
Ph.D.;
Economics;
Pittsburgh,
PA called by
John D. Perkosky, Benjamin J. Gobel
Defendant(s):
David Celko,
M. Sabina Daroski,
Nicholas Ditullio,
St. Clair Memorial Hospital,
St. Clair Medical Services Inc.,
Fatigati-Nalin & Associates P.C.,
South Hills Pulmonary Associates Inc.,
Preferred Primary Care Physicians Inc.
Defense Attorney(s):
John C. Conti;
Dickie, McCamey & Chilcote, P.C.;
Pittsburgh,
PA,
for
St. Clair Memorial Hospital ■ Daniel P. Carroll;
Davies, McFarland & Carroll, P.C.;
Pittsburgh,
PA,
for
David Celko, South Hills Pulmonary Associates Inc. ■ None Reported;
for
M. Sabina Daroski, Nicholas Ditullio, St. Clair Medical Services Inc., Fatigati-Nalin & Associates P.C., Preferred Primary Care Physicians Inc.
On March 3, 2008, plaintiff’s decedent Robert Cole, 63, a part-time school bus driver, sought treatment with his primary-care physician for a cough, progressive shortness of breath, and a fever. The previous week, Cole had undergone an operative procedure that required intubation and mechanical ventilation. Cole’s doctor prescribed antibiotics, an inhaler, and an oral steroid, and ordered a chest X-ray. On March 5, Cole returned to his physician and was found to have an oxygen-saturation level of 81 to 82 percent. The X-ray was read as consistent with acute pulmonary edema, atypical pneumonia, or possibly the lymphangitic spread of cancer. Cole was then transferred to St. Clair Memorial Hospital in Pittsburgh. Upon his admission, he was treated with antibiotics for community-acquired pneumonia. A chest X-ray and CT scan of Cole’s chest demonstrated a diffuse lung process that could have been consistent with infection or edema, according to court papers subsequently filed on behalf of Cole’s estate. Pulmonologist David Celko was consulted, and he reportedly believed that Cole’s condition was consistent with acute respiratory distress syndrome, aspiration, atypical pneumonia, or, less likely, malignancy. On March 7, with Cole’s pulmonary status reportedly still guarded, a bronchoscopy involving bronchoalveolar lavage and transbronchial biopsy was performed by Celko, between 10:39 and 10:45 a.m. After the procedure, Cole was noted to have abdominal breathing, and required increased amounts of oxygen to maintain oxygen saturation of 90 percent. According to court papers subsequently filed on behalf of the estate, despite Cole’s worrisome preoperative X-ray, the invasive biopsy, his postoperative breathing problems, and Celko’s recognition that Cole’s pulmonary condition could further deteriorate, Cole was placed in an unmonitored room. A couple of hours later, at roughly 1:30 p.m. Cole was found lying sideways in his bed, gasping for air. A code was called; despite resuscitation attempts, Cole died at 2:22 p.m., due to cardiopulmonary arrest. Cole’s estate sued St. Clair and Celko and his practice group, South Hills Pulmonary Associates, for medical malpractice. (Also originally named as defendants were various other physicians and healthcare entities believed to have possibly been involved in the underlying treatment. The claims against those defendants were dismissed by stipulation relatively early in the litigation, and the caption was ordered to be amended accordingly, however the name of one physician-defendant remained in the caption through to the time of trial.) The claims against the hospital were discontinued shortly before trial, which proceeded as to the claims against Celko and his practice group. According to the estate’s expert in pulmonology and critical care, Cole was at a high risk of clinical deterioration following the bronchoscopy; therefore, he should have been on a monitored unit so that he could be monitored more closely for a longer period of time. The expert also maintained that the transbronchial biopsy was unnecessary in helping to make a diagnosis in Cole’s case, and that it further increased the risk that Cole’s pulmonary condition would clinically deteriorate. The transbronchial biopsy should not have been performed because of Cole’s elevated anticoagulation levels, which significantly increased the likelihood of intra-and post-procedural bleeding, it was argued. The defense’s expert in pulmonology and critical care maintained that Cole was adequately monitored post-bronchoscopy. According to the expert, all appropriate personnel and procedures were in place, and Cole was cleared for transfer to the ward/floor without any obvious deviation from either hospital protocol or uniformly accepted standards of care, including lack of validation of the need of absolute requirement for continuous telemetry or oximetry monitoring.
According to the estate’s expert in pulmonology, the transbronchial biopsy caused some bleeding in Cole’s right upper lobe and contributed to his increased respiratory distress post-procedure, and ultimately contributed to his cardiopulmonary arrest and death. The expert opined that, had Cole been appropriately monitored post-procedure, with timely and appropriate interventions and treatment administered, the risk of a cardiopulmonary arrest would have decreased significantly. The expert concluded that Cole undoubtedly suffered some amount of pain and discomfort prior to his death. Cole was survived by a wife and son. According to his family, Cole was healthy, fit, and active for his age, as he had at the time of the underlying treatment recently retired from a long career with the Army Corp of Engineers. The suit maintained on behalf of Cole’s estate sought to recover approximately $750,000 in damages for lost earnings and unspecified amounts of noneconomic damages for past pain and suffering. Cole’s wife sought to recover damages under the state’s Wrongful Death and Survival Acts. The defense’s expert in pulmonology stated that he was uncertain as to Cole’s cause of death.
The jury found that Celko had been negligent in treating Cole, and that his negligence was a factual cause in bringing about harm to Cole. The jurors concluded that the damages totaled $800,000.
Estate of Robert Cole: $400,000 Wrongful Death: Survival; $400,000 Wrongful Death: wrongful death
Judge:
Robert J. Colville
Trial Length:
5
days
Trial Deliberations:
3
hours
Post Trial:
The court denied the defense’s motion for a new trial.
This report is based on court documents and on information that was provided by plaintiffs’ counsel. Defense counsels for the hospital and for Celko and his practice group did not respond to the reporter’s phone calls. The early-dismissed defendants were not asked to contribute.