Professional Negligence Law Reporter

Julius Avery, a 71-year-old veteran, allegedly underwent a femoral and popliteal artery atherectomy at Philadelphia VA Medical Center. A week later, he allegedly underwent a second procedure to address pain in his lower extremity and suffered catastrophic injury to his aorta. This led to multi-organ failure, brain damage, myocardial infarction, and kidney infarction, among other problems that led to his death.

Avery’s wife, individually and on behalf of his estate, sued the United States, alleging medical negligence. The plaintiff asserted that during the second procedure, the aortic bifurcation was ruptured and stents were mispositioned.

The parties settled for $625,000.

Citation: Avery v. U.S., No. 2:22-CV-2145 (E.D. Pa. Feb. 15, 2024).

Plaintiff counsel: AAJ member Regan S. Safier, Philadelphia.

Comment: In Mertis v. Oh, 2024 WL 3033416 (Pa. June 18, 2024), a physician allegedly caused a nerve injury by administering a femoral nerve block to anesthetize a patient’s knee before her ACL reconstruction surgery. The state high court granted allowance of appeal to consider the application of Pa. R. Civ. P. 4003.6, which allows for discovery of a treating physician. The court held that Rule 4003.6 precludes a law firm representing a defendant treating physician from obtaining information outside the discovery process from a nonparty treating physician by entering into an attorney-client relationship with the nonparty treating physician. AAJ member Joseph L. Messa Jr. and Angelo M. Theodosopoulos, both of Philadelphia, represented the plaintiff.