A Philadelphia jury awarded $6.8 million to the descendants of a patient who died from an allegedly botched liver procedure, The Legal Intelligencer reported Nov. 26.
On Nov. 22, the jury found that Thelma Stanton, a cancer patient, died as a result of negligence by Kevin Anton, MD, a physician of Thomas Jefferson University Hospital who performed the operation.
According to pretrial documents, Ms. Stanton had a history of health problems, including liver cancer, Hepatitis C and hypertension. The liver ablation that she received — which allegedly caused her death — had been to treat her cancer while she waited for an approved liver transplant.
Barry Magen, an attorney for Kline & Spencer, the law firm that represented Ms. Stanton's estate, argued that those health issues would have improved if Ms. Stanton had received the liver transplant. They alleged that one of the heated needle probes used in the procedure shifted out of place and perforated her stomach during the ablation.
They also claimed that Dr. Anton knew the probe had migrated, putting Ms. Stanton at risk for a perforation, but discharged her regardless without further evaluating her or informing her family that the probe was misplaced. The plaintiffs also asserted that Ms. Stanton experienced significant pain but could not reach Dr. Anton in the week following her procedure.
Nine days after the operation, Ms. Stanton went to the emergency department at Thomas Jefferson, where she was found to be septic and to have a thermal injury on the opening between her stomach and small intestine. Her condition continued to deteriorate and she was later diagnosed with pneumonia, ultimately dying about a month into her hospitalization.
The defendants, represented by O'Brien & Ryan law firm, acknowledged that Dr. Anton was aware that the probe had moved during the ablation, but contended that he had adjusted properly and that Ms. Stanton had met all criteria for discharge at the time. They did not dispute that Ms. Stanton had sustained a puncture and burn on her stomach, but "had no good explanation of why that happened other than improper placements," said Mr. Magen.
The defendants did not respond to the Intelligencer's request for comment. Ms. Stanton's estate was awarded $3.3 million in wrongful death damages and $3.8 million in survival damages.