Kline v. St. Luke's University Health Network

$10 Million Verdict

Date of Verdict: Aug. 20.

Court and Case No.: C.P. Lehigh No. 2017-C-2747.

Type of Action: Medical malpractice.

Injuries: Loss of bladder and prostate.

Plaintiffs Counsel: Paul Lauricella, McLaughlin & Lauricella, Philadelphia.

Defense Counsel: Howard Stevens, Gross McGinley, Allentown.

Comment:

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 Stromsky. 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.

—P.J. D'Annunzio, of the Law Weekly