$10M Verdict Reached in Lehigh County Med Mal Case
A man who lost his bladder and prostate because of a delayed bladder cancer diagnosis has been awarded $10 million by a Lehigh County jury.
August 21, 2019 at 04:42 PM
3 minute read
A man who lost his bladder and prostate because of a delayed bladder cancer diagnosis has been awarded $10 million by a Lehigh County jury.
According to plaintiff Robert Kline's lawyer, Paul Lauricella of McLaughlin & Lauricella in Philadelphia, the jury found St. Luke's Hospital physician Dr. Lien B. Nguyen 60% liable; Dr. Christopher Stromski 25% liable; and Kline 15% liable for his injuries.
The jury's award was broken down into $2 million for past noneconomic damages; $6 million for future noneconomic damages; and $2 million for loss of consortium, according to Lauricella.
"I am still scratching my head as to why the nice folks at St. Luke's decided to dig their heels in on this case," Lauricella said. "When the hospital decides to make no offer, it is guaranteeing a trial, and had better be prepared to accept the outcome when a jury tells it that the decision was boneheaded."
Howard Stevens of Gross McGinley in Allentown represents the defendants and did not respond to a request for comment.
Kline was seen at St. Luke's by third-year resident Nguyen, who was supervised by Stromski. A CT scan revealed a "suspicious mass" in Kline's bladder that turned out to be malignant. The scan also revealed kidney stones, according to the plaintiff's pretrial memorandum.
Kline claimed that while Nguyen told him about the kidney stones, she did not mention the mass or the possibility of cancer. Kline claimed he was discharged without knowing about the mass. The plaintiff's court papers said the defendants tried to shift blame to Kline's urologist, who subsequently treated him.
As a result of delayed diagnosis, court papers said, Kline's bladder and prostate had to be removed, leaving him impotent. He also experienced infections due to surgery and is at an increased risk of potentially fatal urinary tract infections.
The hospital argued in its court papers that Kline was supposed to follow up with the hospital's urology center within a few days of his discharge and was told to do so in written discharge instructions.
"Unfortunately, plaintiff did not follow up with a urologist as he was instructed both verbally by Dr. Nguyen and, as well as in written discharge instructions. He received no treatment for any urological symptoms whatsoever until he presented to see his primary care physician, Dr. Amy Gourniak," defense papers said.
The hospital said the cancer was not discovered by Kline until a round of testing by other doctors was conducted two years after he went to St. Luke's.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All3rd Circuit Strikes Down NLRB’s Monetary Remedies for Fired Starbucks Workers
Phila. Judge Upholds $68.5M Verdict Over Construction Worker's Death
3 minute readMiddle District of Pennsylvania's U.S. Attorney Announces Resignation
2 minute readTrending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250