$______ RECOVERY - MEDICAL MALPRACTICE - PRIMARY CARE NEGLIGENCE - DEFENDANT DOCTORS FAIL TO APPRECIATE DECEDENT'S ABNORMAL LIVER FUNCTION RESULTS AND FAIL TO DIAGNOSE HEMOCHROMATOSIS RESULTING IN LIVER CANCER - WRONGFUL DEATH OF 73-YEAR-OLD MALE.

• Pages: 4-4

COMMENTARY

Pretrial testimonies from the plaintiff’s girlfriend and 2 medical

students who lived in the building and provided assistance immedi-

ately after the fall indicated that there were conflicting reports of

how the accident occurred. The plaintiff’s girlfriend, who was also

performing painting work on the same balcony alongside the

plaintiff, testified that the plaintiff had climbed over the balcony

railing and was holding on to the 2 x 2 railing and reaching up to

paint some spots of the balcony above when the 2 x 2 gave way

causing the plaintiff to fall to the ground. In addition, the plain-

tiff’s girlfriend testified that the plaintiff had consumed a couple of

beers before the incident but was not drinking at the time of the

incident.

The 2 medical student witnesses that attended to the plaintiff on

the ground testified that they could smell alcohol on the plaintiff.

Those same witnesses state that there was a balcony spindle laying

close to the plaintiff indicating that he was not holding on to the 2

x 2 railing but rather a spindle that came out of its location due to

the force applied by the plaintiff. Toxicology reports obtained at

the hospital reveal that the plaintiff had alcohol and

benzodiazepines in his system at the time of the incident.

$450,000 RECOVERY – MEDICAL MALPRACTICE – PRIMARY CARE NEGLIGENCE –

DEFENDANT DOCTORS FAIL TO APPRECIATE DECEDENT’S ABNORMAL LIVER

FUNCTION RESULTS AND FAIL TO DIAGNOSE HEMOCHROMATOSIS RESULTING IN

LIVER CANCER – WRONGFUL DEATH OF 73-YEAR-OLD MALE.

Allegheny County, PA

In this action for medical malpractice, the estate

of the decedent maintained that the decedent’s

doctors failed to routinely appreciate the

decedent’s abnormal liver function studies

causing a long delay in diagnosing a genetic liver

disorder which increased the chance of liver

cancer, which the decedent developed, resulting

in his death. The defendants denied that the

decedent’s death was result of any medical

negligence.

During 2003 through 2019, the deceased was a pa-

tient of the defendant doctors Rosenthal and

Costlow. Throughout his many years as a patient of

the defendants he had regular lab work which re-

vealed that his liver function studies were almost al-

ways abnormal. In July of 2019, the decedent came

under the care of a new physician at the defendant

Medical Group who after noting the decedent’s his-

tory of persistently abnormal liver functions ordered

additional lab work as well as a liver ultrasound. These

additional tests performed by the nonparty doctor led

to a diagnosis of hemochromatosis, a common ge-

netic disorder in which the body absorbs and stores

too much iron which in turn causes damage to bodily

organs particularly the liver.

Because hereditary hemochromatosis causes a sig-

nificant increase in the risk of liver cancer, the dece-

dent was referred for an MRI in November of 2019.

The MRI revealed heptacellular carcinoma which was

not curable. The decedent died of liver cancer on

March 4 2021. The decedent is survived by his long-

time companion, his brother and several nieces and

nephews.

The estate alleged that the defendant doctors were

negligent in failing to make a timely diagnosis of he-

reditary hemochromatosis, failing to do a proper work

up to discover the cause of the patients persistently

abnormal liver function studies, failing to order addi-

tional iron studies and appropriate imaging and

carelessly attributing the patient’s abnormal liver func-

tion study to obesity or alcohol consumption rather

than performing an appropriately thorough work up.

The estate made a claim for appropriate damages

under the survival act including loss of earnings,

medical expenses, pain and suffering and mental

anguish.

The parties settled for $450,000.

REFERENCE

The Estate of John Amos by Wendi Amos vs. James S.

Costlow, M.D., Richard Rosenthal, M.D. and Premier

Medical Associates, Inc. Case no. GD-20-008965;

Judge Patrick Connelly, 02-07-22.

$295,000 RECOVERY – MEDICAL MALPRACTICE – SKILLED NURSING FACILITY

NEGLIGENCE – INCAPACITATED PLAINTIFF SUSTAINS THERMAL BURNS TO LOWER

LEGS FROM HOT WATER WHILE PATIENT AT DEFENDANT SKILLED NURSING FACILITY

– SEVERE BURNS – MULTIPLE SURGERIES – CADAVER SKIN GRAFTING.

Allegheny County, PA

In this medical malpractice action, the plaintiff’s

decedent was a resident of the defendant skilled

nursing facility and dependent on the defendant

for total care due to pre-existing anoxic

encephalopathy. While a resident at the facility,

the plaintiff’s decedent sustained severe burns to

her lower extremities, likely caused by negligence

during bathing. The defendant generally denied

all allegations of negligence and injury.

The plaintiff’s decedent was completely disabled for

reasons unrelated to the present action. As a result,

she required total care as a resident of the defen-

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