Date: 08-20-2011

Case Style: Family and Estate of Gregory S. Volutza v. Dr. Doald J. McBryan, Jr.

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Court: Pennsylvania Superior Court on appeal from the Court of Common Pleas of Pennsylvania

Plaintiff's Attorney: Shanin Specter, Philadelphia, Pennsylvania

Defendant's Attorney: Michael M. Badowski, Camp Hill and Barbara S. Magen, Philadelphia, Pennsylvania

Description: The family and estate of Gregory S. Volutza sued Dr. Doald J. McBryan, Jr. and Berks Internal Medicine on medical negligence (medical malpractice) and respondeat superior theories claiming that Mr. Volutz, age 37, died of a heart attack at work on January 24, 2003 as a result of Dr. McBryan's failure to property diagnose and treat his condition. McBryan examined Volutz four days before his death because of chest and jaw pain and anxiety. Volutza was overweight and had high blood pressure, high cholesterol and a family history of heart disease.

Defendants denied wrongdoing.

Outcome: Plaintiff's judgment for $5.2 million affirmed.

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