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CASE: Pulmonary Embolism

FACTS/LIABILITY: The decedent was a 47 year-old patient of the defendant family practitioner, who was on oral contraceptives at the time of her death.  Following pelvic surgery, the decedent began complaining of left foot pain with radiation to her mid calf.  Two ultrasounds ordered to evaluate possible DVT, were both negative. Three weeks post surgery the decedent began experiencing similar symptoms in her left arm.  The defendant examined her, recorded that there were no indications of acute injury or overuse, and ordered another ultrasound.  That imaging was positive, showing thrombus in her cephalic vein.  The defendant concluded that the ultrasound was indicative of superficial phlebitis and that there was no need for anticoagulation.  He prescribed warm compresses and Motrin.

Five weeks post-surgery, due to continued symptoms in her left arm and leg, the defendant ordered lab-work and prescribed prednisone.  The lab-work results showed a Factor V Leiden mutation, which is a risk factor for DVT.  Despite that abnormality, the recent surgery, the confirmed presence of a left arm thrombus, being on oral contraceptives (all of which are risk factors for DVT), and the continued signs and symptoms suggestive of DVT, the defendant’s impression was “pain of unclear etiology.” Moreover, in response to the decedent’s reports of worsening symptoms, the defendant asked her to stop emailing him.

Thereafter, the decedent was examined by the defendant because of the new complaint of her being short of breath.  His impression was “no diagnosis found,” and his plan was to monitor “for now.”  Two days later the decedent collapsed at home and was taken to the hospital by ambulance.  On route she went into respiratory arrest and became pulseless.  She was diagnosed with a pulmonary embolism due to untreated DVT.  She suffered anoxic brain injury, cardiac arrest and died.

DEFENSE: General denial.

INJURIES: Premature death.

SPECIAL DAMAGES: Medical bills: $101,032.50; Funeral expenses: $8,226.99.

VERDICT/SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF'S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)

NAMES/COUNTY: Anonymous v. Anonymous


Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800


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