H. Clay Parker, et al. v. Florida Emergency Physicians, Kang & Associates, M.D., P.A.

Medical Malpractice - The estate of a 24 year old father of three children, Samantha Irelan, age 7, Devin Anderson, age 5, and Allana Anderson, age 3, sued Florida Emergency Physicians, Kang and Associates, M.D., P.A., claiming that their father's death from a ruptured cerebral aneurysm on October 27, 1998 was caused by the failure of two emergency room physicians to stabilize Mr. Anderson, and obtain hospital admission and nuerosurgical consultation.

Mr. Anderson went to Health Central Emergency Room on October 13, 1998 with severe headache pain. A CT scan revealed a mass in his brain which was initially diagnosed as a brain tumor. He was referred for an appointment with a neurosurgeon, Dr. Philip St. Louis on October 14, 1998, who sent him for an MRI which revealed an aneurysm rather than a brain tumor. The neurosurgeon received the corrected diagnosis on October 20, 1998 and scheduled the patient for an angiogram on October 22, 1998 in anticipation of surgery to clip the aneurysm. Expert testimony revealed that Mr. Anderson had an 85% to 95% chance of complete recovery with surgical intervention. On October 21, 1998, Mr. Anderson awoke with severe head pain and was told by his neurosurgeon to go to Florida Hospital Emergency Room where he was seen by Dr. Angela Garcia, Defendant's employee. Dr. Garcia claimed that Mr. Anderson was advised to be admitted, but refused a spinal tap and left against medical advice. She claimed to have advised him of the risks of leaving the hospital in the presence of his wife, Carrie Anderson, but did not request that he sign the AMA Form required by hospital policy. The patient's wife denied ever meeting the physician prior to trial and produced phone records, eyewitnesses, and toll booth pictures showing she could not have been present in the hospital at the time of the conversations allegedly occurred.

Mr. Anderson was sent home with narcotic pain medication and told to return for the angiogram the following morning. After the medication wore off, his headache pain returned and his wife drove him to Florida Hospital Emergency Room where he reported severe pain, "the worst headache of his life." His blood pressure had increased and he remained in pain from the hours of 3:30 a.m. until 8:00 a.m. He was treated by Dr. Kahang Chan, Defendant's employee, who failed to notify the neurosurgeon and failed to adequately medicate him, causing or contributing to the fatal rupture of his aneurysm in the emergency room at 8:00 a.m. Dr. Chan went off duty at 7:00 a.m. while the patient was awaiting transfer to the angiogram suite. Expert testimony was presented that had he been properly medicated, and his neurosurgeon notified, the rupture and fatal bleeding could have been prevented and surgery could have been performed on an emergency basis which would have saved his life. Mr. Anderson died five days later after organ donation, when his life support was terminated by consent of his family.

The children's claim was for the loss of their father's parental guidance and companionship, and their mental pain and suffering only, as no economic damages were sought. Due to conflict over the validity of his common-law marriage to Mrs. Anderson, she elected not to bring a claim on her own behalf. Mr. Anderson was employed by A1 Moving Systems, as a furniture mover, and resided in Ocoee, Florida prior to his death.

Plaintiff's verdict for $9 million. The jury rejected the defense that Mr. Anderson was negligent by refusing treatment or allegedly leaving the hospital against medical advice. The jury found against the Defendant, attributing 75% of the fault to the emergency room physicians and assessed 25% negligence against Dr. Phillip St. Louis, who was not a party to the lawsuit. The jury awarded $3,000,000 to each child, 75% of which will be paid by the Defendant doctor group, for a net verdict of $6,750,000.

Dr. James McKeith, Emergency Medicine, Glenn, Virginia;
Dr. Sydney Peerless, Neurosurgeon, Miami, Florida

Dr. Richard Aghababian, Emergency Medicine, Worcester, Massachusettes;
Dr. Aldo Rosemblatt Neurosurgeon, Falls Church, Virginia

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