MEDIA – A Georgia woman’s lawsuit claims that a Delaware County hospital and its personnel failed to diagnose and monitor her late husband’s medical condition, which led to him passing away from cardiac arrest soon after his discharge.
Shanera Raison (individually and as Administratrix of the Estate of Robert J. Walker, deceased) of Fairburn, Ga. filed suit in the Delaware County Court of Common Pleas on April 27 versus Prospect CCMC, LLC of Upland and Prospect Crozer, LLC of Springfield Township (both doing business as “Crozer Chester Medical Center”), John Doe Corporations 1-5 and John/Jane Does 1-5.
“On Oct. 8, 2020, plaintiff’s decedent Robert J. Walker presented to the emergency department of Crozer Chester Medical Center with complaints of abdominal pain, which had been ongoing for two or three days. Syed Ali M.D. entered a note into the medical record at 5:25 p.m. that he had consulted with David Kleinman M.D., a cardiologist, who had recommended to admit Walker to a cardiology service monitored-bed, due to an electrocardiogram finding consistent with anterior lateral ischemia and elevated troponin. Thereafter, Walker was admitted to Crozer Chester Medical Center for cardiac care,” the suit says.
“During Walker’s inpatient hospitalization, defendants determined that he had significantly reduced left ventricular ejection fraction in the setting of coronary artery disease. Defendants knew and/or should have known that Walker was therefore at high risk of sudden cardiac death due to an arrhythmia. Specifically, defendants knew and/or should have known that Walker’s injection fraction had dropped to 25 percent in the setting of a recent myocardial infarction. As a result of these diagnoses and foreseeable increased risk of serious injury and death therefrom, defendants prescribed and ordered Walker a cardiac life vest (a wearable defibrillator to prevent or stop life threatening heart conditions).”
The suit continues that the defendants failed to properly plan for Walker’s safe discharge by failing to obtain the life vest for fitting and use on his body prior to sending him home from the hospital, and instead, had the life vest sent to Walker’s home without knowing when it would be delivered, and discharged Walker anyway, without a life vest.
Rather, they sent Walker home by himself, at approximately 3 p.m. on Oct. 13, 2020. Walker died by himself at home the following day, at about 9:54 a.m. on Oct. 14, 2020.
“Walker had not yet received his life vest when he died. Walker’s causes of death were acute myocardial infarction, atherosclerotic cardiovascular disease and mixed hyperlipidemia. Walker suffered electrical cardiac sudden death as a result of defendants’ negligence and breaches of the medical standards of care which included failing to obtain the prescribed life vest prior to discharging Walker,” the suit states.
“Had Walker been kept in the hospital and monitored until the life vest could be fitted to his body, he would not have died from sudden cardiac death within 24 hours of discharge. Defendants failed to properly diagnose Walker’s condition. Being prematurely discharged from Crozer caused Walker to decline and die, because he was without continued monitoring and evaluation by medical personnel. By discharging Walker from Crozer, defendants increased the risk that his medical condition would decline and reduce his chances of survival.”
For counts of negligence, vicarious liability, corporate negligence, wrongful death and survival, the plaintiff is seeking damages, jointly and/or severally, in excess of $50,000, and in excess of the prevailing limits of arbitration, plus punitive damages, pre-judgment interest, post- judgment interest, costs and damages for delay.
The plaintiff is represented by Justin M. Bernstein of Kenneth R. Schuster & Associates, in Media.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2022-002901
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com