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Senior Trial Partner Thomas A. Mobilia, Partner Evan R. Schnittman and Associate Gabriella M. Verdone secured Summary Judgment in a case involving a then 57-year old plaintiff's decedent who presented to the ED on the morning December 23, 2015 due to a 6-dayhistory of diarrhea, fevers, nausea, vomiting, and right upper quadrant pain that began while visiting the Dominican Republic. Labs revealed leukocytosis and elevated liver function tests. The patient was started on comfort care for possible viral illness. Dengue fever was suspected and antibody testing was performed. The Dengue antibody testing was performed at an outside lab facility, and the positive results were not available until December 29, 2015. During the night of December 23, 2015,the patient had tonic-clonic seizures, which were controlled with Keppra and Ativan. The patient was additionally started on broad spectrum antibiotics. On December 24, 2015, repeat labs demonstrated acute liver failure, and the patient was indicated for a transfer to a tertiary care facility for consideration of a liver transplant. The patient was continued on supportive care and underwent repeat labs until the receiving facility had bed availability on December 26, 2015. The patient ultimately died on January 28, 2016, due to multiorgan failure secondary to acute liver failure from Dengue fever.
MCB moved for Summary Judgment on behalf of our client hospital. We argued that the Hospital staff timely and properly suspected Dengue fever upon the patient's admission and appropriately ordered Dengue fever antibody testing. We demonstrated that our client Hospital did not have the ability to perform an in-house test for Dengue fever, and the antibody testing by an outside facility was the only method to confirm the diagnosis. MCB further argued that, while the Dengue antibody testing and planned transfer for acute liver failure was pending, the patient was receiving appropriate supportive care to manage her symptoms. Regarding causation, MCB argued that Dengue fever is not treatable and the patient had a rare, very serious case of Dengue fever that caused her acute liver failure and subsequent death. Accordingly, an earlier diagnosis of Dengue fever would not have altered the patient's outcome since her condition was terminal.