NJ Jury Awards $11M Over Postop Treatment of Perforated Esophagus
"There was evidence that the plaintiff was suffering from nine out of 10 and 10 out of 10 pain for a period of weeks, plural," the plaintiff's attorney said.
October 15, 2024 at 02:24 PM
5 minute read
Medical MalpracticeCorrection: This article was updated to remove an incorrect reference to the defendant's final demand in the case.
A New Jersey jury has awarded $11 million to a woman who alleged that her doctor's postoperative care negligently failed to spot a perforation in her throat, which eventually led to lasting injuries.
On Sept. 10, a Camden County jury deliberating in Judge Michael Kassel's court handed up the verdict in Eggleston v. Aftab, awarding $10 million to 66-year-old plaintiff Virginia Eggleston for compensatory damages and $1 million to her husband for loss of consortium. Although the jury found the practice negligent, it also found the doctor was not negligent.
According to Voorhees attorney Michael Glassman, who represented the Egglestons, the jury may have been persuaded by testimony from Eggleston indicting the level of pain she suffered as a result of the treatment.
"There was evidence that the plaintiff was suffering from nine out of 10 and 10 out of 10 pain for a period of weeks, plural," Glassman said, adding that she also had to be fed through a nasogastric tube for nearly a week during her recovery. "That was an image that probably disturbed some jurors."
Eggleston's testimony was supported by medical records from various locations and occasions indicating the high level of pain she was suffering.
The case stemmed from an esophageal surgery Eggleston, a teaching assistant, underwent in May 2016 to repair her Zenker's diverticulum. Otolaryngologist Saba Aftab, of Advocare LLC, performed the surgery.
Eggleston alleged that two days after the surgery, she began experiencing pain in her neck, trapezius area, right shoulder and right arm. Her husband allegedly contacted Advocare and conveyed the plaintiff's symptoms to office personnel; however, the complaints were not recorded. The next day, Aftab called Eggleston; however, the extent of her complaints that she allegedly conveyed to the physician were not noted in the medical record.
Soon after Eggleston went to an urgent-care facility noting extreme pain. A few days later her husband called Advocare noting her ongoing pain. According to the plaintiff, Aftab was notified and messaged her staff to have Eggleston come in for an exam.
The plaintiff subsequently went to an urgent-care facility, an emergency room and eventually to an orthopedic group. Ultimately, Eggleston was diagnosed with a microperforation to her esophagus, which was how bacteria had entered and caused the infection to her cervical spine.
Eggleston's expert in otolaryngology surgery testified that Aftab's surgery was performed within the standard of care, but her postoperative care was not. According to the expert, Eggleston's signs and symptoms of a microperforation were not acted on appropriately by Aftab, who had a duty to further assess and investigate the plaintiff's symptoms. Had she conducted adequate postoperative care, Eggleston would have received immediate treatment that would have prevented the ultimate outcome of permanent injuries, the expert concluded.
The defense maintained that the treatment rendered to Eggleston was in accordance with the standard of care. Eggleston's counsel also argued Advocare never contacted her about the exam in mid-May.
The defense's expert in otolaryngology testified that Aftab's postoperative care was adequate and appropriate. There is no case within the medical literature that associates osteomyelitis as a consequence of the surgery performed by Aftab, the expert stated.
After Eggleston was diagnosed with discitis/osteomyelitis, she underwent a disc excision and an anterior and posterior approach for a fusion at C6 and C7. She was fed through a nasogastric tube for approximately five days while her esophageal microperforation healed, and then transferred to an inpatient rehabilitation facility. The plaintiff was eventually discharged home, where she continued with intravenous antibiotics and treated with a course of physical therapy.
Eggleston's expert in neurosurgery testified that, had the microperforation been discovered sooner, she would have been placed on conservative intravenous antibiotic therapy, and most likely would have avoided having undergone the cervical fusion. According to the expert, Eggleston is at risk for adjacent-level disease in her cervical spine, which could lead to potential future surgery.
Eggleston testified that she experiences periodic neck discomfort which limits her ability to carry and lift objects, as well as perform some of her normal activities. Eggleston, a teaching assistant for children with special needs, discussed the emotional toll she experienced after being transferred to another classroom, a decision her principal made after her surgery. She further testified about the extreme anxiety during the course of her care.
Eggleston sought recovery of damages for past and future pain and suffering. Although Eggleston's husband died during the course of litigation, his estate sought recovery of damages for its claim for loss of consortium.
The defense's experts in otolaryngology and orthopedic surgery testified that a cervical infection, including osteomyelitis, would not have been suspected subsequent to Aftab's surgery because the plaintiff had no fever or other constitutional symptoms typically associated with infection, among other reasons.
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