New Jersey Verdicts

Plaintiff(s):

Denise Wagner (Female), 

Nicole Wagner (Female), 

Michele Wagner (Female), 

Estate of Michael Wagner (Male, 48 Years)

Plaintiff Attorney(s):

Alan Roth;
Bendit Weinstock, P.A.;
West Orange,
NJ,
for
Estate of Michael Wagner ■ Peter I. Berge;
Bendit Weinstock, P.C.;
West Orange,
NJ,
for
Estate of Michael Wagner

Defendant(s):

Paul Wang, 

Hans Schmidt, 

Sebastian Eid, 

Hackensack University Medical Center

Defense Attorney(s):

Maura Waters Brady;
Vasios Kelly & Strollo, P.A.;
Union,
NJ,
for
Sebastian Eid ■ Robert T. Evers;
Marshall Dennehey Warner Coleman & Goggin P.C.;
Roseland,
NJ,
for
Hans Schmidt ■ None reported;

for
Paul Wang ■ Jennifer L. Brozon;
Hoagland, Longo, Moran, Dunst & Doukas, L.L.P.;
New Brunswick,
NJ,
for
Hackensack University Medical Center

On Feb. 21, 2011, Michael Wagner, 48, a financial manager, underwent gastric bypass surgery at Hackensack University Medical Center, in Hackensack. The procedure was performed by laparoscopic surgeon Hans Schmidt and assisted by surgeon Sebastian Eid. Two days later, he was discharged from the hospital. On Feb. 25, Wagner died of a pulmonary embolism, after a blood clot traveled from his right leg into his lung. Denise Wagner, representing the estate of her husband, sued Schmidt and Eid, alleging they negligently failed to provide appropriate care for Wagner, constituting medical malpractice. The estate also sued internist Paul Wang for negligence and Hackensack University Medical Center, claiming the hospital was vicariously liable for the actions of Schmidt and Eid. (Wang and Hackensack University Medical Center were dismissed prior to trial, which proceeded only against Schmidt and Eid.) The estate contended that Schmidt and Eid were negligent for failing to provide sufficient blood thinners to prevent deep-vein thrombosis; for failing to perform follow-up tests after an ultrasound was inconclusive for deep-vein thrombosis; and for discharging Wagner prematurely. The estate asserted that Wagner, who weighed 600 pounds at the time of surgery, was at a high risk for developing deep-vein thrombosis and that Schmidt and Eid should have taken appropriate precautions both before and after surgery. The estate also noted that Wagner’s right leg was already noticeably swollen before surgery, indicating the high risk of deep-vein thrombosis. Schmidt and Eid maintained that the duty of care was satisfied during and after surgery. They also contended that Wagner ‘s underlying medical conditions, such as morbid obesity and coronary artery disease, had already reduced his life expectancy, putting him at risk for a sudden death at any time, regardless of the surgery he underwent.

Wagner’s wife sought damages for her husband’s post-discharge pain and suffering until his death. She also sought damages for lost services. Wagner’s two children sought damages for loss of services, companionship, and advice.

The jury found that Hans Schmidt was 55 percent liable and Sebastian Eid was 45 percent liable. The plaintiffs’ total damages award was $1,106,806.

Denise Wagner: $206,070 Personal Injury: Past Pain And Suffering; $335,740 Wrongful Death: Future Loss Of Society Companionship; $564,996 Wrongful Death: Future Loss Of Pecuniary Contribution

Judge:

Joseph A. Turula

Trial Length:

4
 weeks

Trial Deliberations:

3
 hours

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel for Hans Schmidt and Sebastian Eid did not respond to the reporter’s phone calls.