By: dmc-admin//March 8, 2010//
MEDICAL MALPRACTICE/ WRONGFUL DEATH:
ZERO DOLLARS
Injuries alleged: Past medical and funeral expenses; loss of society and companionship for surviving spouse and minor child; pecuniary loss for surviving spouse and minor child
Case name: Jackson, et. al v. Dr. F., et al.
Court: Iron County Circuit Court
Judge: Patrick J. Madden
Amount sought at trial: $1 million
Highest offer: $100,000
Verdict: Jury returned verdict for defense
Original filing date: Oct. 21, 2005
Plaintiff attorney: Anthony D. Cossi, Cossi Law Office, Ironwood, MI
Defense attorney: Mark T. Budzinski and Crystal M. Uebelher, Corneille Law Group, Green Bay
Plaintiff experts: Dr. Richard Schaffer, family physician, Iowa; Dr. Harry Cohen, cardiologist, Illinois; Dr. Charles Iknayan, pathologist, Wisconsin
Defense experts: Dr. Carl Tommaso, cardiologist, Illinois; Dr. Len Scarpinato, family physician, Wisconsin; Dr. Stephen Factor, pathologist, New York
Insurance company: Physicians Insurance Company of Wisconsin
Defense counsel’s summary of case: The plaintiffs in this case brought a wrongful death claim against Thomas Jackson’s primary care physician. Jackson presented with numbness and tingling in his left arm and subsequently developed a ball of acid in his chest. While Jackson was under Dr. F.’s care, he was prescribed medication for high cholesterol, referred for an EMG study of his left arm and prescribed medication for acid reflux. Jackson died suddenly of cardiac arrest approximately one month after presenting with the complaints of chest pain. Plaintiffs alleged the standard of care required Dr. F. to refer someone with Jackson’s symptoms to a cardiologist. The defense argued that Dr. F.’s evaluation and treatment were appropriate and within the standard of care. The jury found that the doctor’s care and treatment was reasonable.