Pennsylvania Verdicts

Plaintiff(s):

Bernard J. Switalski III (Male, 20 ), 

Estate of Beverly Ann Switalski (Female, 47 Years)

Plaintiff Attorney(s):

Christopher S. Hallock;
Law Office of John A. Caputo;
Pittsburgh,
PA,
for
Bernard J. Switalski III, Estate of Beverly Ann Switalski

Plaintiff Expert(s):

Stephen Thomas;
M.D.;
Pain Management;
Pittsburgh,
PA called by
Christopher S. Hallock

Defendant(s):

Michael J. Vogini, D.O., 

Michael J. Vogini D.O. Inc.

Defense Attorney(s):

Thomas Kurt Fuchel Sr.;
The Law Offices of Thomas Kurt Fuchel Sr.;
Pittsburgh,
PA,
for
Michael J. Vogini, D.O., Michael J. Vogini D.O. Inc.

In 2004, plaintiff’s decedent Beverly Ann Switalski, 47, treated with her primary-care physician, Michael Vogini, of Pittsburgh, after suffering a fall, which resulted in chronic pain to her neck and low back. She was ultimately diagnosed with fibromyalgia, after multiple evaluations failed to reveal a source of her ongoing symptoms. Switalski continued monthly visits with Vogini throughout 2005 and her last visit was April 28, 2006. According to the estate, medical records indicated that multiple prescriptions were written by Vogini following those appointments. She reported being depressed and complained of diffused pain and nausea at the time. Vogini, in turn, reportedly wrote her prescriptions for a multitude of nausea and psychological medications. On May 1, 2006, Switalski filled prescriptions for 60 eight milligram hydromorphone hydrochloride (a pain medication) and an additional 120 milliliters of hydrocodone bitartrate and homatropine methylbromide syrup (a semi-synthetic opioid derived from codeine). She was found dead in her home the following day. A medical examiner determined Switalski’s death to be accidental and the cause to be "acute combined drug toxicity of phentermine, diphenhydramine, dextromethorphan, carisoprodol, meprobamate, prochlorperazine, ropiramate, alprazolam, diazepam, hydrocodone, and hydromorphone." All the prescription bottles found at Switalski’s home had been prescribed by Vogini. The Pennsylvania Attorney General’s office brought charges against Vogini, who was indicted on 16 counts. According to court papers, Vogini entered a plea of nolo contendere to the count of drug delivery resulting in death, and pleaded guilty to 15 counts, alleging violations of the Controlled Substance, Drug, Device and Cosmetic Act. Vogini is currently serving a term of six to 12 years in state prison. According to the estate’s pretrial memorandum, evidence from the state investigation revealed that Vogini had reportedly been exchanging prescription medications for sexual favors with several female patients (including Switalski) and former patients, who had developed a drug dependency. The investigations also uncovered evidence that Vogini attempted to cover up his actions by writing prescriptions in the names of individuals who were not receiving the drugs. As a result, prescriptions were written in the name of Switalski’s son, but the medications were then supplied to Switalski. Switalski’s son brought suit against Vogini on claims of medical malpractice. Since Vogini did not answer the estate’s pleadings or originally retain counsel, a default judgment was entered against him. The case proceeded to trial on the issue of damages.

An expert in pain management opined that Vogini failed to act in good faith in the course of his professional practice, acted outside the scope of the doctor-patient relationship, and failed to act in accordance with treatment principles accepted by any responsible segment of the medical profession. His actions were in direct opposition to Switalski’s best medical interest, as he took advantage of his privileged position as a physician. The expert concluded that Vogini’s actions were the proximate cause of Switalski’s death, and that it was a combination of the 11 narcotic medications that resulted in her death. Switalski’s son testified that he had no knowledge that his mother was taking prescription medication or had a drug-dependency. The estate sought to recover unspecified amounts in compensatory and punitive damages under the Wrongful Death and Survivor Acts. The defense maintained that Switalski was contributorily negligent for her overdose and death. Vogini’s counsel pointed out that phentermine was the highest-concentrated narcotic detected in her system, and that the drug was not prescribed to her but to Switalski’s roommate.

The jury determined that the estate would receive $1,200,000.

Estate of Beverly Ann Switalski: $1,000,000 Wrongful Death: Punitive Exemplary Damages; $100,000 Wrongful Death: compensatory damages; $100,000 Wrongful Death: Wrongful Death Act

Judge:

Michael E. McCarthy

Trial Length:

2
 days

Trial Deliberations:

1
 hours

This report is based on court documents and on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.