$1 Million verdict
for failure to diagnose
December, 2003
A Philadelphia jury has awarded a $1 million verdict to the
family of a 46-year-old mother of two against the doctor who
allegedly failed to diagnose her chronic adrenal insufficiency.
After a 12-day trial presided over by Judge Gary F. DiVito,
the jury found defendant Dr. Harriet Schwarcz negligent and
100 percent responsible, and found defendant Dr. Andrew Quint
not negligent.
According to court papers, Deborah Fazio was admitted to
Montgomery Hospital in 1991 for pneumonia and dehydration.
While there, Quint, an endocrinologist, performed a test on
Fazio that ultimately came up positive for adrenal insufficiency.
However, Fazio left the hospital without being confirmed of
the diagnosis, and neither she nor Quint kept in contact with
each other.
After being discharged from the hospital, according to court
papers, Fazio consulted Schwarcz, her family physician, who
allegedly told her that follow-up meetings with Quint were
not necessary.
For eight years following her hospital stay, the plaintiffs
contended, Fazio visited Schwarcz more than 40 times, complaining
of symptoms consistent with adrenal insufficiency (including
fatigue, anorexia, low blood pressure, vomiting and others),
but Schwarcz never referred Fazio to an endocrinology specialist.
Fazio continued to suffer from her symptoms, and died in 1999.
Mark W. Tanner of Feldman Shepherd Wohlgelernter & Tanner
represented the plaintiffs in the matter. He said that the
12-member jury deliberated for roughly two hours, and that
their award was for the survival action. He also said that
there were no offers made by the defense at any point in the
case.
William H. Pugh IV of Kane Pugh Knoell & Driscoll in
Norristown was counsel for Schwarcz. He said that he and his
client are considering appeal options.
Michael O. Pitt of Kilcoyne & Associates in Plymouth
Meeting was Quint’s attorney in the matter.
See article published in Pennsylvania
Jury Verdicts and Settlements Review and Analysis about this
case. |
