KBR Partner Douglas J. FitzMorris recently won a defense verdict on behalf of a hospital and emergency room physician following a nine day jury trial in Queens County, New York.  The defendants were accused of medical malpractice in failing to timely diagnose appendicitis in a then 40-year old male patient during his presentation to the defendant hospital’s emergency room. 

On the initial presentation, the plaintiff was afebrile, but complained of a sudden onset of diffuse, aching abdominal pain.  The exam findings were unremarkable with the exception of diffuse periumbilical tenderness. Blood work was within normal limits.  A CT with oral contrast was ordered to rule out appendicitis, but the radiologist reported that the appendix was not visualized. She also noted there were no inflammatory changes in the right lower quadrant to suggest acute appendicitis and suggested clinical correlation.  The plaintiff was prescribed Motrin and Pepcid, and discharged with instructions to follow-up with his primary care physician, and to return to the emergency room if his symptoms worsened.  Approximately two days later, the plaintiff returned to the emergency room.  He was now diagnosed with acute appendicitis based on his physical exam findings, which included right lower quadrant pain with associated peritoneal signs, the blood work showing an elevated WBC, and acute inflammation of the appendix now seen on a repeat CT scan with oral contrast.

The patient underwent an emergency appendectomy.  Although the procedure was initially attempted laparoscopically, the surgeon converted to laparotomy secondary to encountering difficulty visualizing and isolating the gangrenous appendix.  The hospitalization was further complicated and prolonged by surgery for a bowel obstruction.  Months later, plaintiff underwent additional surgery to repair a hernia which was attributable to the laparotomy incision.

Following a two week jury trial the jury deliberated less than 3 hours before returning a unanimous defense verdict.