Justia Lawyer Rating for Robert D. Kreisman

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A Maryland Appellate Court has held that summary judgment for a medical negligence defendant was proper. In this case, the plaintiff chose not to comply with the state requirement by filing a certificate of merit from a health care provider when the provider has a background and specialty in medicine that is in the same or related specialty as the treating defendant physician. In this case, that medical specialty was in transplant surgeon.

Remonia Chaplin underwent a kidney transplant that was performed by Dr. Silke Niederhaus, a board-certified kidney transplant surgeon. She later sued the University of Maryland Medical System Corp., alleging that the surgeon, Dr. Niederhaus, had breached the standard of care by using an unsuitable kidney in the transplant. In support of the complaint that was filed, Chaplin filed a certificate and report of Karen Paolini, a licensed nurse practitioner and certified transplant coordinator.

The trial judge granted the defendant’s motion for summary judgment, finding that neither the certificate nor the report complied with the state law that required a certificate of merit by a health care provider in the same or similar medical specialty as the defendant doctor.
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Patricia Bent underwent a right laminectomy performed by orthopedic surgeon Dr. Navinder Sethi. Although the surgery was successful, she developed pain, numbness and tingling on her left side. She returned to Dr. Sethi, who recommended a bilateral laminectomy at L3-4.

Unfortunately, during that surgery, Bent suffered a right-side dural tear, which led to leakage of cerebral-spinal fluid and caused permanent nerve damage.

After this surgery, Bent, 64, was unable to feel anything on her right side from her waist down to her foot. That prevented her from walking independently, driving, or continuing her work as a nurse where she was earning approximately $70,000 per year.
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Alice Underwood, 82, underwent hip replacement surgery and rehabilitation. Six days after the surgery, she was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration.

While she was hospitalized, she suffered a surgical site infection, which caused her incision to separate. She underwent surgery to remove necrotic tissue and then was sent to a rehabilitation facility.

Twenty-six days later, Underwood died of cardiopulmonary arrest and infection. She was survived by her three adult daughters and a son.
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Ronald Fairrow, 56, underwent an appendectomy at Riverside Methodist Hospital. The surgical resident, Dr. Alon Geva, and nurse Megan Conrad attempted to insert a urinary catheter but encountered resistance.

Dr. Geva and Conrad made several more attempts until another doctor came and properly inserted the catheter.

Several days after the appendectomy surgery, Fairrow suffered severe bleeding in his urethra and later underwent surgery to stop the blood flow. Fairrow was unable to urinate due to the urethral damage and required Foley and supra pubic catheters for several months until he underwent urethral reconstruction surgery.
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Vincent Lowe brought this medical malpractice lawsuit in the Circuit Court of Franklin County, Mo., against Bryan J. Menges, D.O. and James D. Cassat, M.D. and their employers, Mercy Hospital East Communities (“Mercy Hospital”) and Mercy Clinic East Community (“Mercy Clinic”). In the lawsuit, they alleged that as a result of these defendants’ choosing not to timely diagnose and treat the condition known as mesenteric ischemia, which caused inadequate blood supply to Lowe’s intestines, a substantial portion of his lower bowel had to be removed leaving him with short bowel syndrome, which will require extensive ongoing medical care.

At the jury trial, the jury signed a verdict in favor of Lowe for past and future economic and noneconomic damages totaling $14,245,545. The jury made comparative fault assessments of 65% to Dr. Menges and Mercy Hospitals, 25% to Dr. Cassat and Mercy Clinic and 10% to Lowe for a net verdict of $12,820,990.

Mercy took an appeal challenging the admission of the life care plan that was prepared and submitted into evidence by Lowe’s expert.
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Christiana Care Health Services Inc. (CCHS) brought an interlocutory appeal of a trial court decision that denied its motion for partial summary judgment. The underlying lawsuit was for medical negligence, which occurred during surgery performed on Margaret Rackerby Flint at Christiana Care Hospital, which is operated by CCHS.

According to the lawsuit, the surgery caused the death of Flint two days following the surgery. The lawsuit was filed by Meeghan Carter, Flint’s daughter, individually and as administrator of the Flint estate.

In that lawsuit, the defendants named were Dr. Michael Principe, who did the surgery, Dr. Eric Johnson, who assisted Dr. Principe and CCHS.
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Zulma Unzueta appealed from a judgment entered after a jury trial in favor of the defendant Asmik Akopyan, M.D., on Unzueta’s action for medical malpractice.

Dr. Akopyan served as the anesthesiologist during the birth of Unzueta’s child, after which Unzueta’s right leg was permanently paralyzed.

The jury found Dr. Akopyan breached the duty of care she owed Unzueta, but the breach did not cause the plaintiff’s paralysis.
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Lacey Povrzenich, who had been 4 years old at the time, underwent bloodwork at Monongahela Valley Hospital, which reported that her creatinine was normal. For the next seven years, Lacey experienced recurrent urinary tract infections. For that condition, Lacey’s pediatrician, Dr. Dawn McCracken, prescribed antibiotics. The doctor also ordered repeat lab work.

Lacey was later admitted to a hospital suffering from dehydration and vomiting. Testing there showed an abnormally high creatinine level. A CT scan of Lacey’s pelvis and abdomen revealed abnormalities in her ureters and kidneys. However, this condition was not noted by the interpreting radiologist.

One year later, a physician’s assistant at a new health clinic noted that Lacey had high blood pressure. A second blood pressure reading that was taken later that year was even higher. The following year, Lacey was rushed to a children’s hospital where she was diagnosed as having end-stage renal failure. This required a double kidney transplant. Lacey now requires up to 30 pills per day for her condition.
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When James Hoznor, 66, developed throat problems, a Veterans Administration (VA) physician ordered an x-ray. The results showed an abnormality at the base of Hoznor’s tongue.

After Hoznor consulted a VA otolaryngologist, a primary care physician Dr. Cornelio Honge told Hoznor that he had a swollen salivary gland and prescribed antibiotics.

For more than a year, Hoznor’s symptoms continued, including swelling of the glands in his neck. Hoznor later sought out an opinion from a non-VA medical provider. A later biopsy showed that Hoznor unfortunately had Stage IV squamous cell carcinoma of the throat and tongue.
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Doe was 32 when he was taken to Roe Hospital’s emergency room suffering from abdominal distention, constipation and discomfort. There were a large number of patients in the emergency room at the time Doe came in. In the emergency department, Mr. Doe was brought to a hallway because of the overcrowding where hospital nurses attended to him. Over the course of several hours, Doe’s symptoms worsened. Hospital nurses administered a Fleet enema.

A later CT scan revealed that Mr. Doe had a bowel perforation. Surgery was considered but deemed to be too late. Mr. Doe suffered septic shock and then died a day later.

The lawsuit against the hospital alleged that it chose not to timely diagnose and treat Doe’s bowel perforation, which led to his untimely death. Before trial, the parties settled for $950,000.
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