Sullivan Papain Member Elizabeth Montesano Obtains $2 Million in Medical Malpractice Case

Sullivan Papain Member Elizabeth Montesano Obtains $2 Million in Medical Malpractice Case

On Nov. 17, 2023, Sullivan Papain Member Elizabeth Montesano, Esq., successfully obtained a $2 million settlement for the family of a 39-year-old woman who died of complications following needless gastrointestinal procedures. 

39-Year-Old Woman Presents to Local Hospital With Stomach Pain

On March 18, 2019, a 39-year-old woman presented to a local hospital complaining of several days of abdominal pain, nausea, and vomiting after eating take-out food.  Other than prior gallbladder removal surgery more than 10 years earlier, she had no medical conditions or other medical history. 

The decedent was admitted and found to have elevated bilirubin levels as well as laboratory results indicating she was experiencing sepsis.  Her diagnosis was cholangitis, which is an inflammation or infection of the bile duct system. 

Additional Testing Leads to Risky Procedure

The patient underwent numerous tests to investigate the possibility of cholangitis due to bile duct system obstruction, such as a gallstone, even though she had not had a gallbladder for more than a decade.  An abdominal sonogram and a specialized Magnetic Resonance test called an MRCP were negative for any gallstones or other conditions obstructing the bile ducts.

The physicians continued to proceed with a diagnosis of obstruction-causing cholangitis and scheduled an invasive and risky procedure called Endoscopic Retrograde Cholangiopancreatography (ERCP).  ERCP is performed to treat problems of the bile and pancreatic ducts by placement of stents to open up areas that are narrowed or blocked, or using interventional techniques to remove any structures obstructing the bile duct system.  However, even though the defendant’s physicians believed there was an obstruction, they failed to place a stent in the bile duct during the ERCP, which would have relieved any obstruction or inflammation. 

As a result, the patient’s condition worsened in the several days that followed, necessitating a second ERCP for the placement of a bile duct stent that was not placed previously.  Unfortunately, by this point, the patient developed signs of bacteremia and abscesses in the liver caused by the multiple ERCP interventions. She ultimately died due to these complications from the procedures, which led to a condition of Acute Respiratory Distress Syndrome and ultimately a cardiopulmonary arrest.

Elizabeth Montesano Successfully Represents the Estate

Sullivan Papain attorney Elizabeth Montesano, Esq., represented the patient and successfully negotiated a $2 million settlement in Kings County Supreme Court at the completion of defendant depositions. The decedent left behind three children at the time of her death, ages 17, 14 and 9. The settlement will compensate the family for her pain, and suffering, as well as her three children for losing the support of their mother.  

Learn More About Firm Member Elizabeth Montesano 

Elizabeth Montesano, a firm member, is a vigorous advocate for people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delays in cancer diagnosis, and surgical and cardiac cases. To learn more about firm Member Elizabeth Montesano, click here.