$3.08 Million Medical Malpractice Verdict in Fairfax, VA

My partner Tony Greene, Christy Ochs, our superstar senior litigation paralegal, and I tried this case for 8 days in Fairfax, Virginia. The jury deliberated for 6 hours over 2 days.

A Fairfax jury held a doctor accountable for the wrongful death of a 64-year-old wife and mother with a verdict of $3.08 Million for medical malpractice. The patient went in for a routine lung biopsy and bled to death from damage to an artery.

Despite the defense rallying three academic experts from Harvard, Johns Hopkins and the University of Chicago, the jury saw through the defense and agreed that the standard of care required that the defendant make a safer choice for his patient.

Our trial team and our client are beyond thrilled that justice was served. Had Joe not sought an autopsy for his wife, this accountability may have been out of reach.

Case Summary: Wrongful Death/Medical Malpractice – Chest Tube Placement After Lung Biopsy

Carrier: Professionals’ Advocate

Venue: Fairfax

Judge: Judge Bugg

Patient: 64-year-old woman, working full-time as a manager at a credit union, with severe emphysema and non-smoker’s COPD.

Case Facts: Routine CT-guided lung biopsy to investigate lung nodules. The patient developed a pneumothorax during the biopsy. The interventional radiologist placed a chest tube through the back at the same location as his biopsy needle to evacuate air from the pneumothorax.

The chest tube placement injured the intercostal artery, but this was not apparent until 28 hours later when the tube came out and the patient had massive internal bleeding. She coded shortly thereafter.

A different interventional radiologist performed a coil embolization, but the patient was too far gone. She died about 36 hours after the biopsy. Autopsy findings were consistent with an intercostal artery bleed. The biopsy specimen returned as benign after the patient’s death.

Standard of Care Issues: We argued that the defendant's interventional radiologist violated the standard of care by placing a chest tube in the back, at the site of the biopsy needle, rather than in the “safe triangle” under the armpit, where the space between the ribs is wider and the intercostal artery is shielded.

Plaintiff’s Argument:

• The standard of care required chest tube placement in the “zone of safety,” not posteriorly.

• Medical literature from multiple journals supported anterior/lateral placement of a chest tube for pneumothorax to reduce the risk of vascular injury.

• Our standard of care expert, an interventional radiologist at a community hospital, testified that using the posterior biopsy tract for the chest tube placement was a deviation and that the images showed the chest tube going right along the edge of the rib above it, where the neurovascular bundle sits.

• A pathologist testified that the autopsy findings were consistent with an intercostal artery injury from the chest tube.

• A pulmonologist testified to rebut defense experts’ opinions on her life expectancy. He gave her 15+ years, explaining that although she had lung issues, they were waxing and waning. She was walking 3-4 miles daily, and was diligent about her health.

Defense Argument:

• Placing the chest tube through the existing biopsy tract was safer and faster than starting a new “hole”.

• Starting a new puncture would delay pneumothorax treatment and increase the risk to her fragile lungs.

Damages:

• Lost income and household services, as established by an economist, were stipulated on a sliding scale depending on the expected life expectancy of the decedent. These ranged from $51,000 to $812,000.

• Non-economic loss of solace/grief as provided in the Wrongful Death Act

Beneficiaries:

• Her second husband – a Navy veteran who worked as a stockbroker for 20 years – married 26 years. They shared life and home responsibilities and were planning their retirement at the beach together.

• Her 35-year-old married daughter, who had one child at the time of her mother’s death and gave birth to twins soon afterward. She resided out of state and saw her mother 3-6 times yearly. She testified to the irreplaceable role her mother played in her life and the profound loss caused by her absence during early motherhood.

Settlement History:

• Last demand: $850,000

• Last offer: $120,000

Verdict

• $3,089,602.88

  • $1.5 million to the widower

  • $1.5 million to the daughter

  • Medical bills: $83,708.74

  • Funeral expenses: $5,894.14