July 24, 2006 : Dominick J. Georgetti Attains Defense Verdicts in Medical Professional Liability Trials
Dominick J. Georgetti, a partner in Weber Gallagher's Scranton office recently tried two significant medical professional liability matters to defense verdicts.
In the first, the plaintiff, then 8 years old, had hernia repair surgery performed on two occasions by Mr. Georgetti's client, a general surgeon. During the second repair, the surgeon encountered a hydorcele cyst and consulted the co-defendant urologist to address this problem. The urologist performed surgical fixation of plaintiff’s testicle and the surgeon concluded the hernia repair. In the week following discharge, the plaintiff’s mother contacted the surgeon’s office on three occasions complaining that her son had fever and did not feel well. The surgeon initially felt that the problems were not surgically related and referred the plaintiff to his pediatrician and to the emergency room. However, following the third call, the surgeon scheduled the plaintiff for an office visit the next day. On that visit, the surgeon determined the plaintiff to have a scrotal infection and admitted the patient to the hospital.
The same day as admission, the surgeon performed drainage and evacuation of pus from the infection site. Plaintiff underwent this procedure three additional times prior to his discharge. A month following discharge, the plaintiff was again admitted for evacuation and drainage from the infection site. Plaintiff was seen in follow-up for the next year by urology and infectious disease. Ultimately, the plaintiff was referred to Hershey Medical Center for evaluation of a recurrent hydorcele. At that time, surgery was performed and it was noted that plaintiff’s testicle, vas deferens and spermatic cord were non-viable. The plaintiff alleged this was due to a delay in diagnosing and treating plaintiff’s post-operative infection. The trial lasted six days and after six hours of deliberation, the jury returned a unanimous defense verdict.
The second case involved the death of a 29-year-old woman from pancreatitis and sepsis. The defendants included the family physician, the emergency room physician, the hospital and Mr. Georgetti's client, a nephrologist. Plaintiff alleged that defendants failed to treat plaintiff’s pancreatitis appropriately as they failed to order antibiotics, provide proper fluids and the correct amount of fluid, and failed to order an earlier transfer of plaintiff to a tertiary care center. The nephrologist was criticized for prescribing IV fluids for the plaintiff that were inappropriate and actually contributed to her deterioration from pancreatitis. The plaintiff was ultimately transferred to a tertiary care center where she died less than 24 hours later from sepsis and renal failure as complications of pancreatitis. Following a two-week trial, the jury deliberated for four hours and returned a defense verdict.
File Under: Results, Medical Professional Liability, Dominick J. Georgetti