Professional Negligence Law Reporter

Jason Berkoben, 48, went to the FasterCare Kittanning urgent care, complaining of worsening shortness of breath. A physician allegedly noted that Berkoben was obese, wheezing, and unable to speak in complete sentences. The physician ordered a chest X-ray and later diagnosed Berkoben as having COPD and emphysema. He was discharged home with instructions to see his primary care physician. Less than two hours later, Berkoben suffered fatal cardiac arrest. He is survived by his mother.

Berkoben’s estate sued the physician, BHS FasterCare PLLC, and the Butler Health System, alleging claims for wrongful death and survival. Among other things, the plaintiff argued that the defendants failed to evaluate Berkoben for an acute cardiopulmonary condition and failed to rule out the most serious potential causes of his symptoms.

The parties settled for $1.1 million.

Citation: Berkoben v. Dougherty, No. GD-23-000724 (Pa. Ct. Com. Pl. Allegheny Cnty. July 12, 2024).

Plaintiff counsel: AAJ member Andrew G. Rothey, Pittsburgh.