Professional Negligence Law Reporter

Joshua Desjardins, 28, went to a Mid Coast Hospital walk-in clinic, complaining of a sore throat, chest pain, shortness of breath, coughing, fever, and wheezing. A nurse took his vital signs, and he tested positive for influenza. Physician assistant Alison Jankowski diagnosed the flu and instructed Desjardins to take over-the-counter pain relievers and cough medicine and to follow up if his symptoms did not improve in 10 days.

Three days later, Desjardins went to a hospital ER, where he was diagnosed as having pneumonia, sepsis, and acute respiratory failure. He was life-flighted to another facility, where he was placed on life support. While hospitalized for more than a month, he had multiple strokes. He now suffers from brain damage, lung scarring, and vision loss.

Desjardins sued Mid Coast Hospital and Bluewater Emergency Partners, LLC, which employed providers at the walk-in clinic, alleging medical negligence. The plaintiff asserted that that defendants had failed to properly train staff regarding the transfer of patients to the emergency department and create policies regarding rechecking abnormal vital signs.

Suit did not claim lost income.

The jury awarded over $5 million.

Citation: Desjardins v. Mid Coast Hosp., No. CV-20-96 (Me. Super. Ct. Cumberland Cnty. Sept. 23, 2022).

Plaintiff counsel: AAJ members Travis Brennan and Dov Sacks, both of Lewiston, Me.