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New York Personal Injury Attorneys

SPBMCC Partner Elizabeth Montesano Obtains $710,000 Settlement For Wrongful Death Victim

May 5, 2022 in

Elizabeth Montesano, Esq. obtained a settlement totaling $710,000 for the wrongful death of a 75-year-old man who suffered complications following a routine colonoscopy. 


Man Suffers Fatal Cardiac Arrest After Physicians Fail to Issue Proper Treatment


After his wrongful death, the wife of the decedent hired SPBMCC P.C.. Due to a family history of colon cancer and a personal history of colon polyps, her husband underwent a routine screening colonoscopy in November 2016. Her husband also had a history of cardiac stents and atrial fibrillation for which he was prescribed a blood-thinning medication. 


The husband’s physicians stopped the blood-thinning medication three days prior to the procedure.  During the colonoscopy in November 2016, his gastroenterologist removed six colon polyps, some of which were significant in size and required surgical intervention to remove. 


The defendant gastroenterologist failed to consider the number and size of the polypectomies performed upon this patient, and wrongly told the patient to restart his blood-thinning medication. This particular blood thinner did not have a reversal agent or antidote, if bleeding occurred. Consequently, our client’s husband restarted the blood thinner, and the following morning he experienced very serious gastrointestinal bleeding and weakness.


An ambulance took our client’s husband to the nearest hospital. Unfortunately, that hospital failed to recognize the seriousness of the patient’s condition and failed to timely initiate treatment to stop the bleeding. After many hours in the Emergency Department, his condition became more severe from the loss of blood, resulting in changes to his vital signs. 


The emergency medicine physicians ordered a clotting agent called PCC Factor 9, which only made matters worse. PCC Factor 9 had never been shown to be an effective reversal agent for this particular blood-thinning medication, and in actuality is known to be dangerous in patients with cardiac stents, as it can cause clotting around the stents. 


It would still be many more hours before any physicians intervened to stop the bleeding. However, one hour after the administration of this clotting agent, our client’s husband began complaining of chest pain. It turned out that he was suffering a heart attack.


This patient was finally taken into the operating room to undergo an interventional colonoscopy to stop the bleeding. 12 surgical clips were required to stop the bleeding so that he could undergo a cardiac catheterization procedure to treat the heart attack that was caused by the PCC Factor 9. 


Unfortunately, her husband was never able to undergo the cardiac procedure because he suffered a fatal cardiac arrest as he was being moved to the cardiac table for the procedure. 


SPBMCC Partner Elizabeth Montesano Represents Decedent’s Wife, Obtains $710,000 Settlement


Elizabeth Montesano prosecuted the case from its inception after medical experts concluded that the defendant gastroenterologist should have recommended that the blood thinner be held for seven days. Medical experts further concluded that the hospital care was below the standard of care in that there was an extensive delay in providing treatment for the gastrointestinal hemorrhage, and a worsening of the patient’s condition due to the PCC Factor 9, which resulted in a heart attack. 


While awaiting a trial date to be issued by the Court, this matter was settled at mediation for $710,000. The settlement will help provide closure to our client as she adjusts to a new normal, without her husband.


Elizabeth Montesano is a vigorous advocate on behalf of people injured due to medical malpractice. She has a deep commitment, compassion and dedication to her clients who have been victims of medical malpractice and suffered grave injuries due to carelessness and negligence. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. To learn more about Partner Elizabeth Montesano and other notable cases she has litigated, click here.

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