Five days later an artery eroded, causing bleeding into his brain. Whittington now remains in a near-paralyzed state, and is not expected to improve. He can see, hear, and communicate by wiggling a toe or using an alphabet board, but is tube-fed, immobile, and bedridden.
Whittington’s family engaged Columbus, Ohio attorney John Mahota of Mahota & Carter, who filed a medical malpractice suit in December 2002. Matthew Whittington, et al. v. Riverside Methodist Hospital, et al. , FCCP Case No. 02CVA-12-13803 alleges that the doctors who prescribed the Heparin were negligent. The suit argues that naturally occurring blood clots would have prevented further strokes, and the use of Heparin inflamed his condition. In May 2005, Mahota enlisted the assistance of Richard Topper, a solo practitioner in Columbus noted for his trial work.
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