A 77-year-old retired U.S. Army veteran suffered a fracture of a bone in his back as a result of falling from a ladder on April 30, 2018 while he was working in his yard. He was admitted into the hospital, and on May 4, 2018, he underwent surgery on his spine.
According to a press release, the man developed a chyle leak due to Dr. Barry Jeffries improperly placing a suprapubic catheter outside the man’s bladder, which led to draining and the worsening the chyle leak that lasted 11 days, during which 87 liters of chylous fluid drained from his body. The family alleged in their Georgia medical malpractice lawsuit that another defendant physician failed to adequately investigate and manage the nature and cause of the continuing fluid loss or appropriately treat the situation while the man’s condition deteriorated.
The man suffered septic shock and multiorgan failure that led to his death on July 21, 2018.
The family’s Georgia medical malpractice wrongful death lawsuit alleged, in part:
This Complaint centers on three primary issues on which Ben Oh suffered from medical negligence:
First, a failure by hospital staff to properly manage Mr. Oh’s chronic cardiac problems. This failure led to atrial fibrillation with rapid ventricular rate, severe respiratory distress, and respiratory interventions that put Mr. Oh at risk of infections. Mr. Oh eventually died from complications of infections. This first primary act of negligence implicates cardiologist Dr. Adefisayo M. Oduwole and the nursing staff of Atlanta Medical Center.
Second, misplacement of a supra-pubic catheter that either caused or greatly aggravated a chyle leak — worsening Mr. Oh’s immune-compromised state and contributing to his death from sepsis. This second primary act of negligence implicates interventional radiologist Dr. Barry Jeffries.
Third, mismanagement of the chyle leak after the misplaced catheter began draining multiple liters of chylous fluid. This also worsened Mr. Oh’s immune-compromised state and contributed to his death from sepsis.
This third primary act of negligence implicates attending physician, Dr. Amy D. Wyrzykowski, consulting nephrologist Dr. Khalid Iqbal, consulting urologist Dr. Thomas W. Schoborg, and consulting infectious-disease
physicians, Dr. Zandraetta L. Tims-Cook and Dr. John P. Ouderkirk.
The Georgia medical malpractice wrongful death jury determined that Dr. Jeffreys and his employer were 32.5% at fault, and that defendant Dr. Wyrzykowski and her employer were 67.5% at fault. The jury awarded $13 million for the full value of the man’s life and $2 million for his conscious pain and suffering.
The family’s medical malpractice lawyer stated after the verdict: “Ben entered the hospital with a back injury, but after surgery his condition continued to deteriorate as critical warning signs went unrecognized and his care was not properly coordinated. His family endured an unimaginable loss. This verdict holds the responsible providers accountable and recognizes the profound impact of what happened to Ben and his family. After eight years, this verdict gives the Oh family a measure of accountability for what happened to Ben. No verdict can undo their loss, but the jury’s decision makes clear that patients deserve coordinated, attentive care when their condition is deteriorating and that warning signs demand action.”
If you or a loved one suffered harm (or worse) from medical negligence in Georgia or in another U.S. state, you should promptly find a Georgia medical malpractice attorney, or a malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice claim, if appropriate.
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