Professional Negligence Law Reporter

Smith v. Baca, No. CL17-894 (Va. Cir. Ct. Augusta Cnty. July 30, 2018).

Melanie Smith, 40, was taken to a hospital, suffering from a severe headache, slurred speech, dizziness, right-sided weakness, and vomiting. Two hours later, emergency physician Antonio Baca examined Smith, prescribed migraine medication, and ordered a CT scan. The scan was negative for a hemorrhagic stroke. Smith’s symptoms continued over the next few hours. Baca then ordered an MRI and consulted with a neurologist. The MRI revealed that Smith had suffered an ischemic stroke. She was transferred to another facility, where she underwent a craniotomy. Despite this treatment, Smith died. She is survived by her husband and two minor children. She had been a bank teller earning approximately $28,000 annually. Smith’s husband, on behalf of her estate, sued Baca and his group, alleging failure to timely diagnose and treat Smith’s stroke. The plaintiff claimed that Baca had performed an inadequate workup and should have timely consulted with a neurologist and ordered an MRI and tPA in light of Smith’s worsening symptoms, as well as her mother’s inquiries about
the possibility of stroke. The jury awarded $3.5 million.

Plaintiff counsel: AAJ members Charles F. Hilton, Humes J. Franklin III, and Alexandra Humphreys, all of Staunton, Va.

Plaintiff experts: Bruce Janiak, emergency medicine, Atlanta; Lawrence Lynch, economics, Roanoke, Va.; and Derek Riebau, neurology, Nashville.
Defense experts: Mark Sochor, emergency medicine, Charlottesville, Va.; Tomer Feldman, emergency medicine, Harrisonburg, Va.; and Richard Zweifler, neurology, New Orleans.