Confidential Settlement – Misdiagnosis of Aortic Dissection leads to Death

Vincent Kenne presented to the emergency room of his local hospital complaining of chest pain. He was examined by a physician in the emergency department and admitted to the hospital’s Coronary Intensive Care Unit under the care of a cardiologist. The cardiologist, however, did not see Mr. Keene until 18 hours later. The delay in emergency room treatment allowed the major symptoms to subside. By that time, the chest pain had subsided. After running a few tests, the cardiologist concluded that the chest pain was probably musculoskeletal and ordered Mr. Keene to be discharged.

After that order was entered into the hospital’s computer system but before Mr. Kenne physically left the hospital, the chest pain returned. The resident physician, acting under the cardiologist, was advised of the recurrence of pain. She told Mr. Kenne to take Tylenol or Advil. Mr. Kenne then left the hospital and headed home. A few hours later, he was dead. He died of an aortic dissection that could have been treated had it been diagnosed properly.

Mrs. Kenne filed a lawsuit against the hospital, who employed the resident physician and against both the resident and the cardiologist. When their depositions were taken by Attorney Eisen, the two doctors could not agree on whether the resident advised the cardiologist that Mr. Kenne’s chest pain had returned.

The defense’s case centered on trying to tear down Mr. Kenne, pointing out his history of alcoholism, smoking, and drug use, as though Mr. Kenne’s addictions excused their sloppy medical care. Attorney Eisen did not try to downplay Mr. Kenne’s vices, but he repeatedly called out the defense’s tactic for what it was – a cowardly personal attack designed to take attention away from their mistakes. He also focused on a theme that has been a key part of many cases handled by The Eisen Law Firm: the time between an order for discharge and the patient’s actual departure from the hospital. In several cases handled by The Eisen Law Firm over the years, symptoms that emerge or re-emerge in this interval are ignored and significant injury occurs. Unfortunately, once an order is given to discharge a patient, it is like a rolling freight train – it is very difficult to stop. Hospital personnel must pay close attention to any complaints or changes in a patient’s condition during this vulnerable time.

Ultimately, the parties reached a confidential settlement.