$______ VERDICT - MEDICAL MALPRACTICE - PRIMARY CARE - NURSE PRACTITIONER NEGLIGENCE - DECEDENT'S HYPERTHYROIDISM MISMANAGED BY DEFENDANTS CAUSING FATAL THYROTOXICOSIS - FAILURE TO REFER TO SPECIALIST - WRONGFUL DEATH OF 30-YEAR-OLD MALE.

• Pages: 4-5

The estate alleged that the defendant was negligent

in failing to use due care and proper skill in caring for

and treating the plaintiff’s decedent, failing to prop-

erly examine the plaintiff’s decedent in relation to her

symptoms, failing to timely diagnose and treat the

plaintiff’s cancer, failing to refer the plaintiff’s dece-

dent to specialists and failing to order timely diagnos-

tic tests. The defendants denied all allegations of

negligence maintaining that the plaintiff’s decedent

was provided proper care in accordance with all

medical standards and that pap smear results in

2014 were negative for suspicious cells. The defen-

dants denied that the plaintiff died from cervical can-

cer and maintained that the decedent died from

universally fatal uterine cancer which is especially

hard to diagnose.

The estate settled with the defendant Bergey for

$750,000 and all other defendants for $800,000, for

a total of $1,550,000. The award was allocated at

50% wrongful death and 50% survival action.

REFERENCE

The Estate of Emma Millisock by Alvin Millisock, Jr. and

Jennifer Millisock vs. Robert Neilson, M.D., Beth Maisel,

M.D., Theresa Bergey, CRNP, Healthcare for Women

Only, Women’s Health Group of PA. Case no. 2017-

06485; Judge Gail Weilheimer, 09-30-21.

Attorney for plaintiff: James Goslee of Cohen,

Placitella & Roth, PC in Philadelphia, PA. Attorney for

defendant: Joan Orsini Ford of Marshall Dennehey in

King of Prussia, PA. Attorney for defendant: Matthew

Shindell of Spector Gadon Rosen Vinci, P.C. in

Philadelphia, PA. Attorney for defendant: Nancy

Raynor of Raynor & Associates, P.C. in Malvern, PA.

$1,431,000 VERDICT – MEDICAL MALPRACTICE – PRIMARY CARE – NURSE

PRACTITIONER NEGLIGENCE – DECEDENT’S HYPERTHYROIDISM MISMANAGED BY

DEFENDANTS CAUSING FATAL THYROTOXICOSIS – FAILURE TO REFER TO SPECIALIST

– WRONGFUL DEATH OF 30-YEAR-OLD MALE.

Philadelphia County, PA

In this action for medial malpractice, the estate of

the decedent maintained that the defendant

doctors and nurse practitioner failed to properly

address and manage the decedent’s

hyperthyroidism causing thyrotoxicosis and

resulting in his death at age 30. The defendants

denied all allegations of negligence and argued

comparative negligence on the part of the

decedent.

On October 15, 2015, the plaintiff’s decedent pre-

sented to his primary care provider’s office, the de-

fendant Excel Medical Center, located on N. Broad

Street, in Philadelphia, Pennsylvania. He was there for

a check up related to asthma. Upon examination by

either Nurse Practitioner Bien-Aime and/or Dr. Michel,

the decedent was noted to have neck swelling.

Blood was drawn and the Nurse Practitioner Bien-

Aime provided the decedent with a prescription for

Methimazole, a medication used to treat

hyperthyroidism, a disorder of the thyroid gland.

The decedent returned to the defendants on Octo-

ber 19, 2015. Examination revealed the neck was still

swollen and blood work results indicated the dece-

dent suffered from hyperthyroidism. The patient was

instructed to take 10mg of Methimazole daily and re-

turn for additional tests in 6 weeks. The plaintiff next

presented to the defendants on March 8, 2016. His

neck was still swollen and blood was again drawn. On

March 11, 2016, the blood results indicated that the

plaintiff’s thyroid levels were severe. Despite these re-

sults, there is no indication in the medical record that

the decedent’s TSH values were discussed with the

decedent.

On April 29, 2016, the decedent presented to the de-

fendant office for follow up and was seen by a non-

party doctor who was concerned that the decedent’s

thyroid condition was emergent. The assessment and

plan included increasing the decedent’s

Methimazole dosage to 20 milligrams daily, obtaining

a thyroid ultrasound, and referring him to endocrinol-

ogy. No follow-up appointment was scheduled at

that time. On May 7, 2016, while at home with his

brother, the decedent began to experience general

weakness, nausea, and vomiting. 911 was called

and the decedent was taken to the hospital. En

route, the decedent was unresponsive and despite

resuscitative efforts the decedent died at the

hospital.

The estate maintained that the defendant nurse

practitioner and doctor were negligent in failing to

properly coordinate the decedent’s care amongst

specialty services, failing to refer the decedent for

endocrinology services in a timely manner, failing to

properly coordinate the decedent’s care amongst his

providers at the defendant medical center, failing to

appreciate the acute nature of the decedent’s con-

dition, failing to provide a proper course of treatment

to timely treat the decedent’s hyperthyroidism and

failing to recognize, appreciate, and/or timely treat

the decedent in response to his lab results. The 30-

year-old decedent is survived by his wife and 4 minor

children. He was unemployed at the time of his

death.

All the defendants except the nurse practitioner set-

tled out of court with the estate. The case continued

to trial against the nurse practitioner with the jury find-

ing her negligent and finding that her negligence was

a factual cause of brining harm to the decedent. The

jury did not find the decedent comparatively negli-

gent. The jury awarded the estate wrongful death

damages in the amount of $647,000 and survival

damages in the amount of $784,000 for a total of

$1,431,000.

4FEATURED CASES

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