Physician fails to diagnose bacterial endocarditis – $1,200,000 Settlement

A 24-year-old woman presented to her family practice physician in April 2006, complaining of a five- to six-week history of fever, chills, myalgia, weight loss, fatigue, lightheadedness, weakness and a non-productive cough. Her fever had been intermittent, with a high of 102.3 degrees. She was without symptoms of dysuria, urgency, frequency, flank pain or other urinary symptoms.

The records documented a Grade III heart murmur, which the physician interpreted as a long-standing benign systolic murmur.

Decedent was seen on this initial visit by a physician’s assistant employed by the practice. She was diagnosed with a urinary tract infection and placed on antibiotics with discharge instructions to follow up in several weeks.

The decedent returned to the practice and was seen by a family practice physician on two occasions in May 2006. She reported a syncopal event and was diagnosed with continuing anemia which the physician attributed to normal iron deficiency. No diagnostic tests were ordered in an effort to determine the etiology of her true anemia.

During follow up visits in May and early July 2006, decedent was becoming increasingly fatigued, short of breath, suffering tremors and loss of appetite. Her physician attributed her symptoms to depression and prescribed Zoloft. Decedent’s condition continued to deteriorate and on her final visit to her physician on July 21, 2006, she was diagnosed with continuing depression, along with possible bronchitis or pneumonia. She was continued on her anti-depressant medication and prescribed antibiotics.

During the early evening hours of the same day, she collapsed at home and was transported by ambulance to a local hospital, where she died of cardiopulmonary arrest. Autopsy revealed that she was suffering from bacterial endocarditis of the mitral valve.

Endocarditis is a somewhat rare disease which can cause a variety of non-specific symptoms. Plaintiff’s experts testified that while the disease can be difficult to diagnose, the decedent had a classic presentation which, upon appropriate work-up, should have been diagnosed and treated. Plaintiff’s experts opined that if the condition had been properly worked up and treated as late as the morning of her death, the decedent would, more likely than not, have survived.

Decedent was survived by her parents and one brother.

[08-T-168]

Type of Action: Wrongful death, medical malpractice
Injuries Alleged: Death of 24-year-old female from bacterial endocarditis of the mitral valve
Name of Case: Confidential
Date: May 2, 2008
Verdict/Settlement: Settlement
Amount: $1,200,000
Plaintiff’s Attorney: David J. Pierce, Norfolk