MEDICAL MALPRACTICE. Neurology. $______ RECOVERY

• Pages: 9-9

VERDICTS BY CATEGORY

MEDICAL MALPRACTICE

Neurology

$375,000 RECOVERY

Medical malpractice – Neurology negligence –

Defendants fail to appreciate symptoms of shunt

malfunction in plaintiff’s decedent causing

intracranial pressure and brain damage –

Wrongful death of 44-year-old male.

Dauphin County, PA

The estate of the decedent brought this medical

malpractice action against the defendant doctors

and hospital system that treated the decedent for

Chiari II malformation. After a shunt revision

procedure performed by the defendants, the

decedent began to experience symptoms of shunt

malfunction which the defendants did not

appreciate and address. The shunt was indeed

malfunctioning and pressure built up in the

decedent’s brain causing brain damage and

ultimately death. The defendants denied all

allegations of negligence and maintained that the

decedent was properly treated in accordance with

all standards.

The plaintiff’s decedent was born in 1973 with Chiari II

Malformation. A VP shunt was placed in the dece-

dent’s brain at age 3 to address the hydrocephalus.

In February 2014, the defendant Moore performed a

revision to the shunt. In late March of 2014, the dece-

dent returned to working full time at Home Depot

without restrictions. The decedent was capable of all

aspects of independent living and only required the

use of a wheelchair and a vehicle with hand controls.

Beginning in May of 2014, the decedent began suf-

fering dizziness and headaches. Despite these con-

cerning signs of VP shunt malfunction, the defendant

Moore did not address the possibility of malfunction.

Additional symptoms of shunt malfunction including

indigestion, facial numbness, blurry vision, fatigue

and memory loss occurred throughout 2014 and

2015. Defendant Moore assured the plaintiff and his

family that he was the leading expert on shunts and

that the decedent’ shunt was not malfunctioning;

rather, he treated the decedent for obstructive hydro-

cephalus, cervical spondylosis and sent the dece-

dent to an ophthalmologist for vision issues. In 2015,

the decedent continued to suffer symptoms of shunt

malfunction and was seen by various doctors of the

Pinnacle Health System; none of whom suspected

shunt malfunction.

In March of 2016, the decedent presented to the de-

fendant Skinner with vision loss and headaches. The

decedent was no longer able to drive. Defendant

Powers suspected a blockage of spinal fluid and per-

formed a craniotomy on the decedent on April 21,

2016. Following surgery, the decedent was found un-

responsive by the nursing staff. An evaluation of the

shunt was then performed and thought to be in ques-

tionable operation. On April 25th, Powers performed

surgery to replace the shunt. During the procedure,

Powers determined that the shunt had likely been

malfunctioning for an “ongoing period of time.” The

plaintiff’s decedent suffered significant brain damage

and remained in a semi-comatose condition until his

death on July 29, 2017.

The decedent’s estate, his father, maintained that the

defendants failed to acknowledge and properly in-

vestigate signs and symptoms of shunt malfunction,

failed to properly consider shunt malfunction as the

cause for the plaintiff’s symptoms, failed to recognize

the extent and severity of the plaintiff’s condition and

increased the likelihood of harm to the decedent

and caused his death. All defendants denied all alle-

gations of negligence. Defendants maintained that

they acted within a respected school of thought in

their treatment of the decedent within the standards

of care.

The parties settled for a lump sum of $375,000.

REFERENCE

The Estate of Stephen L. Hutton by Charles Hutton vs.

Barry G. Moore, M.D., UPMC Pinnacle, Pinnacle

Health Hospitals, Stephen K. Powers, M.D. Case no.

2018-CV-2109; Judge John F. Cherry, 12-17-21.

Attorney for plaintiff: James R. Moyles of The Law

Office of James R. Moyles in Lemoyne, PA. Attorney

for defendant: Michael Badowski of Margolis

Edelstein in Camp Hill, PA.

Volume 37, Issue 6, June 2022

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