Hospital patient died from complications of sickle cell disease – Defense Verdict

Decedent was 19 years old and suffered from sickle cell disease. She presented to Virginia Hospital Center-Arlington on May 29, 2011, with signs and symptoms consistent with sickle cell vaso-occlusive pain crisis. On the morning of May 31, she was transferred to the ICU with plummeting oxygen saturation levels and respiratory distress. Chest X-rays and CT scan showed significant bilateral basilar airspace disease.  The patient’s course continued to worsen and she died on June 9, 2011.

Plaintiff presented evidence that the patient was suffering from acute chest syndrome, which is a serious complication of sickle cell disease. Plaintiff’s expert intensivist/pulmonologist testified that the standard of care required the defendants on May 31 and/or June 1 to have obtained a hematology consultation and to have ordered a special blood transfusion known as an exchange transfusion in order to properly treat the patient’s acute chest syndrome. Neither hematology consultation nor exchange transfusion took place until June 3, 2011. Plaintiff’s expert witnesses testified that had defendants met the standard of care and timely obtained exchange transfusion and hematology consultation, the patient would not have died.

Defense experts testified that under the circumstances the standard of care required neither hematology consultation nor exchange transfusion prior to the time that those steps were, in fact, taken. Defendant’s pulmonology expert testified that the patient was suffering from severe pneumonia, likely due to an aspiration event, which took her life in spite of appropriate care by defendants. Defendants’ sickle cell disease expert testified that even with earlier exchange transfusion, the patient nonetheless would have died.

Plaintiff presented rebuttal expert testimony that the patient did not have pneumonia.

The case was submitted to the jury on day six of trial. The jury returned a defense verdict on day seven. Plaintiff has filed a petition for appeal with the Supreme Court of Virginia. The court has not yet heard oral argument on the petition.

[15-T-219]

Type of action: Medical malpractice – wrongful death
Court: Arlington County Circuit Court
Tried before: Jury
Judge: Louise M. DiMatteo
Date resolved: June 3, 2015
Special damages: Medical bills for final hospitalization – $179.389; funeral and burial expenses – $19,303; grief counseling – $675; sorrow; mental anguish; solace; loss of companionship, comfort, guidance, advice
Demand: No formal demand made but mediation requested, which defendants declined. Plaintiff sued for $10,000,000 and asked the jury for $3,100,000 in closing argument.
Offer: None
Verdict or Settlement: Defense verdict
Attorneys for defendant: Susan L. Mitchell, Matthew D. Banks and Judd P. Altman, Fairfax Insurance carriers: The Doctors Company