Heart procedures left woman with decreased function – $1.1 Million Settlement

At the time of the events in question in 2013, plaintiff was 52 and had been totally and permanently disabled for approximately a decade from multiple health conditions including a cardiac condition. After multiple cardiac catherizations and stenting, plaintiff presented to her treating cardiologist in December 2013 with recurrent complaints approximately two months after her most recent stenting procedure. A cardiac catherization revealed a recurrent blockage of plaintiff’s left anterior descending artery (LAD) that could not be re-stented. The treating cardiologist referred plaintiff for immediate surgery with the group’s newest cardio-vascular surgeon, who had been in practice approximately six months. The surgeon performed what was represented to be a double bypass graft (CABG) that included a bypass of plaintiff’s LAD artery using the left internal mammary artery for the bypass. The surgeon reported that the procedure completed without complication, but the plaintiff did not recognize significant improvement post-surgery. In March 2016, the treating cardiologist performed another catherization to investigate chronic, unresolved symptoms and discovered that the 2013 LAD bypass had not been connected to the LAD artery as intended or represented but had instead been connected to coronary vein. Plaintiff underwent a revision surgery to correct this “malposition” of the graft, which surgery was initially successful but soon occluded as the result of a blockage that formed at the site of the anastomosis of the repair. Additional complications resulted in a heart attack and plaintiff was left with an occluded LAD artery that left her dependent solely upon collateral blood flow for circulation in this critical area of her heart. Future procedures were not recommended because of concerns of further impairment or loss of plaintiff’s established collateral flow.

Plaintiff was initially left with a significant decrease in heart function but her heart function and ejection fraction levels did improve over time. Plaintiff’s total medical bills were approximately $550,000.00 from late 2013 to date, and plaintiff continued with regular heart monitoring although no future treatment was recommended as long as the collateral flow was stable.

Plaintiff also claimed that she had sustained a noticeable decrease in her abilities and stamina since the 2013 surgery and subsequent complications in 2015.

Defendants asserted that vessel misidentification, including mistaking a vein for an artery, was a rare but recognized risk of CABG surgery and that this was a defensible case. Defendants also disputed multiple aspects of plaintiff’s damages and asserted that the only related medical bills were those associated with the 2015 revision surgery and immediate resulting complications.

Defendants argued that plaintiff’s bills after mid-2015 were related to plaintiff’s pre-existing cardiac condition and would have likely occurred regardless of the 2013 surgery or subsequent repair. Therefore, defendants asserted that the related medical bills were closer to $300,000.00.

Defendants also noted that plaintiff was already totally disabled prior to the 2013 procedure and had extensive physical limitations related to both her pre-existing cardiac condition and other unrelated health issues such that essentially any future treatment or ongoing limitations were unrelated to the events in question.

The parties agreed to mediate the case and after an extended mediation with Judge Diane Strickland, the case was resolved by agreement of the parties for the amount of $1,100,000.00 and additional conditions of settlement.

[17-T-150]

Type of action: Medical Malpractice

Injuries alleged:

Name of case: Teresa Harris v. Dr. Leora Yarboro and UVA Physicians Group

Court: Charlottesville City Circuit Court

Case no.: CL15-503

Name of judge or mediator: Judge Diane M. Strickland

Date resolved: June 27, 2017

Special damages: Approximately $500,000.00 of disputed medical bills

Verdict or settlement: Mediated Settlement

Amount: $1,100,000.00 and additional conditions

Attorneys for plaintiff: Russell W. Updike and Nolan R. Nicely, Covington

Plaintiff’s experts: Dr. Charles Harr, cardiovascular surgery; Dr. Timothy Henshaw, Atlantic Technical Consultants