Professional Negligence Law Reporter

Jonathan Rabkin, 53, went to a hospital emergency room, complaining of sudden-onset upper abdominal pain radiating to his back. Attending emergency room physician Vikram Varma ordered a chest X-ray and a chest CT scan without contrast. Radiologist Paul Shieh interpreted the CT scan as showing a 5.2 cm ascending thoracic aortic aneurysm. Rabkin was admitted for observation and underwent an enhanced CT scan five hours later, which revealed a type A aortic dissection. An hour later, before Rabkin could be transferred to another facility for surgery, he required a full resuscitation. Despite these measures, Rabkin died. He had been a mortgage loan officer earning approximately $60,000 annually and is survived by his wife and two adult children.

Rabkin’s wife, individually and on behalf of his estate, sued Varma, alleging his failure to order a CT scan with contrast led to unnecessary delay in diagnosing the aortic dissection. Suit against Shieh alleged that he failed to immediately contact Varma and advise him of the CT findings and the need for a CT angiogram with contrast to rule out a dissection. The plaintiffs also alleged that Luzminda Anama, the hospitalist who took over Rabkin’s care after the first CT scan, was liable for not ordering a timely CT scan with contrast.

The defense argued that even if Rabkin had received a timely diagnosis, it would have taken six to 10 hours to effectuate a transfer to another facility capable of performing life-saving surgery.

The parties settled for $2.35 million, including $1.25 million from Varma; $750,000 from Shieh; and $350,000 from Anama.

Citation: Rabkin v. Varma, No. OCN-L-2253-15 (N.J. Super. Ct. Ocean Cnty. Mar. 6, 2019).

Plaintiff counsel: AAJ member Daryl L. Zaslow, Edison, N.J.