Professional Negligence Law Reporter

Doe, 21 months, began vomiting green liquid. Her parents took her to a pediatrician, who prescribed anti-nausea medication. That night, Doe’s parents found her unresponsive. She was taken to Einstein Medical Center-Elkins Park, where she was seen by nurses, an emergency room physician, and a physician assistant (PA), who noted Doe’s history of bilious vomit as soon as Doe arrived at the emergency room. Doe was administered just two boluses of saline, her blood pressure dropped, and she became minimally responsive. Almost three hours after arriving at the hospital, Doe died in front of her parents. An autopsy revealed a strangulated internal mesenteric hernia that led to a bowel obstruction. Doe is survived by her parents and two siblings.

Doe’s parents, individually and on behalf of her estate, sued the hospital, alleging failure to timely diagnose and treat Doe’s bowel obstruction. The plaintiff alleged that the emergency room providers failed to recognize the severity of Doe’s symptoms and transfer her to a pediatric hospital in light of her symptoms, especially the bilious vomiting. It was later discovered that the PA had altered his medical record to remove the history of bilious vomiting after Doe died.

The jury awarded $3.38 million, apportioning liability at 50% to the emergency room physician who supervised the PA; 40% to the PA; and 10% to a nurse. The hospital was vicariously liable.

Citation: Lei v. Einstein Med. Ctr., No. 09-2016-2560 (Pa. Ct. Com. Pl. Phila. Cnty. May 30, 2019).

Plaintiff counsel: AAJ members Barry Magen and Michael Cavaliere, both of Philadelphia.