Professional Negligence Law Reporter

Jonathan Turner, 35, went to an urgent care center, complaining of chest pain and a recent history of dizziness and heart palpitations. After undergoing an EKG, which was interpreted as normal, he was diagnosed as having atypical chest pain and elevated blood pressure. He went to a medical clinic a week later, complaining of chest heaviness and shortness of breath. Physician assistant Paul Carter and physician Rocco Costabile diagnosed Turner with benign hypertension and prescribed medication. Turner also was advised to change his diet and to exercise and lose weight. He died approximately two weeks later of ventricular fibrillation from underlying coronary artery disease. Turner had been a district manager for a sportswear company earning approximately $78,000 annually. He is survived by his parents.

Turner’s estate sued Carter and Costabile, alleging failure to timely recognize and treat coronary artery disease. The plaintiff asserted that Carter should have repeated the EKG and ordered other testing. Suit also claimed that Costabile should have evaluated Turner personally.

The jury awarded $4.7 million, apportioning fault at 35% to each defendant and 30% to Turner.

Citation: Turner v. Dees, No. 2003-002171 (Pa. Ct. Com. Pl. Phila. Cnty. Nov. 29, 2023).

Plaintiff counsel: AAJ members Daniel Jeck and Todd Schoenhaus, both of Philadelphia.