$3.2 Awarded to Family in Medical Malpractice Lawsuit

$3.2 Awarded to Family in Medical Malpractice Lawsuit

Posted by: DO/Thursday, September 28, 2017/Categories: In The News

East Norriton, PA: A $3.2 million verdict has been awarded to the family of a man who died after receiving a vein implant designed to stop blood clots. The lawsuit claimed medical malpractice against three doctors at Mercy Suburban Hospital in Montgomery County.

The Montgomery County jury reached their verdict after finding the doctors and Mercy Suburban Hospital negligent in their care of Ernest Lucchesi, who collapsed while refereeing a lacrosse game, was rushed to hospital and received the implant but later died. 

The jury took seven hours to reach their verdict, after hearing evidence over the course of the nine day trial, which included, according to the Lucchesi family's lawyer, two of the doctors admitting negligence: one before trial and one during trial. The third doctor took the stand to defend himself however, the jury didn't like his excuses and assigned the majority of the negligence to him, the family attorney said.

According to the Lucchesi family's pretrial memorandum, the doctors at Mercy implanted the vein filter in Lucchesi six months before he died. When Lucchesi was admitted to the emergency room, Bolden failed to note that the filter had migrated to his atrial valve, court papers said. He died three days after his discharge from Mercy.

The jury found Dr. John J. Flanagan 44 percent negligent, Dr. Hugh Lipshutz 31 percent negligent and Dr. David Bolden 25 percent negligent. The award was broken down into $1.5 million for wrongful death and just over $1.7 million under the Survival Act.



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