| VERDICT (P) |
$3,000,000 |
| CASE |
Andrew Gentile v. University of Pennsylvania, No. MARCH 2002
No. 004275 |
| COURT |
Court of Common Pleas, Philadelphia
County, PA |
JUDGE
DATE |
Gregory E. Smith 11/15/2004 |
PLAINTIFF
ATTORNEY(S) |
Kenneth M. Rothweiler (co-lead), Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, Philadelphia, PA. Fredric Eisenberg (co-lead), Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, Philadelphia, PA |
DEFENSE
ATTORNEY(S) |
Peter J. Lynch, Christie, Pabarue Mortensen and Young, Philadelphia, PA Christina Tershakovec, Christie, Pabarue, Mortensen and Young, Philadelphia, PA |
FACTS & ALLEGATIONS
Early in the morning on July 9, 2000, plaintiff Andrew Gentile, a 49-year-old autobody mechanic, got out of bed to use the restroom located in his room at the epilepsy monitoring unit of the Hospital of the University of Pennsylvania and Philadelphia. While a nurse waited for him outside the bathroom, Gentile had a grand mal seizure inside and fell, hitting his head and injuring his back. Gentile's seizures were being studied to determine whether he was a candidate for brain surgery that could have alleviated his longstanding seizure disorder.
The epilepsy monitoring unit is equipped with continuous video and EEG monitoring so that a nurse can observe a patient on video screen while they are in bed and observe the EEG tracings that monitor and document their brainwaves. The patient is weaned off the medication so that he experiences a seizure while under observation. The physicians use the information to determine whether the patient is a candidate for surgery. The patients are under 24-hour surveillance by the nursing staff.
Gentile sued the university of Pennsylvania for the negligent acts of its nursing staff. He argued that the institution had specific nursing management standards, guidelines and protocols, which it failed to follow including: keeping bedrails up at night; using a lapbelt; reattaching EEG electrodes prior to entering a bathroom; and accompanying seizure patients into the bathroom. He asserted that University of Pennsylvania knew that his seizures could occur without warning and that he had a history falling when they occurred. He also argued that the responsible nurse had deviated from the accepted standard of nursing care by allowing him to use the restroom unaccompanied.
INJURIES/DAMAGES
fracture, vertebra Gentile sustained two fractured thoracic vertebrae as a result of the fall and required surgical implantation of two rods and screws in his back. His prognosis is poor and it is unlikely that he will be able to find gainful employment again. His expert witness opined that his lost earnings are in the range of $380,000 to $720,000. The injuries cause him reduced range of motion and inability to participate in activities of daily living. He remains in constant and intractable pain. Gentile sought damages for pain and suffering and lost earning capacity.
RESULT The jury found for Gentile and awarded a lump sum of $3 million in damages.
INSURER(S) |
Self Insured |
TRIAL DETAILS |
Trial Length: 8 days Jury Deliberations: 1 hour Jury Poll: 10-2 |
PLAINTIFF
EXPERT(S) |
Laurie Browngoehl, M.D., physical Medicine, Haverford, PA Karen McGinnis, R.N. nursing, Westchester, PA Donald E. Jennings, vocational assessment, Feasterville, PA Stephen I. Esses, M.D., orthopedic surgery, Houston, TX |
DEFENSE
EXPERT(S) |
None Reported |
POST-TRIAL The defense has filed motions for a new trial and JNOV.
Peter Scoolidge
 PaLaw Magazine 2006
Annual Report on the State of the Profession
Ranked Pennsylvania's largest 50 awards and settlements between August 1, 2004 to August 1, 2005. At # 26 was the above case tried by our partners Ken Rothweiler and Frederic Eisenberg.
|
PaLaw Magazine 2006
