Summary Judgment Secured in Alleged Wrongful Death Case Involving Pulmonary Embolism

Summary Judgment Secured in Alleged Wrongful Death Case Involving Pulmonary Embolism

Senior Trial Partner Aryeh S. Klonsky and Associate Ashley Mullings-Maragh obtained Summary Judgment in a case involving allegations of a failure to properly manage the anti-coagulation regimen of a then 45-year-old female, who ultimately died, between January 2014 and January 2015. The case also involved an alleged failure to properly interpret radiological imaging, resulting in a delayed diagnosis of pulmonary embolism. The decedent, whose medical history included pulmonary emboli and deep vein thrombosis (DVT), presented to the co-defendant Emergency Department with complaints of shortness of breath and chest pain. She was reportedly not taking Coumadin, an anticoagulant, and her INR was 1.1 (normal range for a patient not on anti-coagulation therapy).

 

During the ED evaluation, the decedent underwent a CT angiogram of the chest with contrast, a chest X-ray, and a Doppler ultrasound of the legs. MCB’s client radiologist interpreted the CT angiogram as not suspicious for pulmonary emboli. A second radiologist client interpreted the Doppler ultrasound of the legs and the portable chest X-ray as negative as well. The decedent was discharged with instructions to follow up with her primary care providers and to discuss restarting Coumadin. Anticoagulation medication was never resumed. The decedent died on January 14,2015, due to pulmonary emboli.

 

MCB moved for Summary Judgment on behalf of its radiologist clients. The Court found that MCB had established a prima facie case, demonstrating that its radiologist clients did not deviate from the accepted standards of radiological care and that there was no causal connection between the alleged malpractice and the decedent’s injuries and ultimate death. As such, the Court granted the motion, dismissing all claims against MCB’s clients.