Professional Negligence Law Reporter

Frederick Bailey, 43, went to a hospital ER, complaining of fever and shortness of breath. Physician assistant Aaron Cobb diagnosed pneumonia, prescribed antibiotics, and discharged Bailey. Thirty-three hours later, Bailey died of sepsis and acute respiratory distress. He had been an electrical lineman earning $45,000 annually and is survived by his two children.

Bailey’s estate sued Cobb, alleging failure to order blood work, a chest X-ray, and a second set of vital signs. The plaintiff also claimed that Bailey should have been admitted to the hospital.

The jury awarded almost $850,000, apportioning liability at 80% to Cobb and 20% to the nonparty hospital.

Citation: Bailey v. Cobb, No. 20-C-224-K (W. Va. Cir. Ct. Raleigh Cnty. Oct. 17, 2023).

Plaintiff counsel: AAJ members Ben Salango and Christian Huffman, both of Charleston, W. Va.

Defense expert: Robert Aris, pulmonology, Chapel Hill, N.C.