Professional Negligence Law Reporter

Moorhead v. Firelands Reg’l Med. Ctr., No. 2015CV0170 (Ohio Ct. Com. Pl. Erie Cnty. Aug. 28, 2018).

Several weeks after a chest X-ray revealed a suspicious lung mass, Marlyn Day, 76, was admitted to Firelands Regional Medical Center, suffering from leg weakness, confusion, and disorientation. A repeat X-ray showed that the mass had shrunk. An MRI of the brain revealed multiple ring-enhancing lesions with restricted diffusion, consistent with a brain abscess or metastatic cancer. Neurologist Jean Barylski Danner examined Day and reviewed the MRI. She told Day’s family that Day likely suffered from metastatic brain cancer.

Testing for lung cancer was negative. After an infectious disease consultation, and a week after her consultation with Barylski Danner, Day was administered antibiotics to treat a brain abscess, and a neurosurgeon performed an aspiration procedure. The delayed treatment caused Day to suffer permanent neurological damage, including cognitive impairment and an inability to use her left arm and both legs. She also has lost control of her bowel and bladder. Day had lived independently but now resides in a nursing home.

Day’s son, as her guardian, and Day’s husband sued Barylski Danner; neurologist Khaled Yassine, who covered for Barylski Danner; and their employer, alleging improper treatment of Day’s brain abscess. The plaintiffs claimed that the defendants should have timely started Day on empiric antibiotics and confirmed her cancer diagnosis by takvice ing a tissue sample. The jury awarded $7.38 million,
apportioning liability at 60 percent to Yassine and 40 percent to Barylski Danner.

Plaintiff counsel: AAJ member Chad M. Tuschman and Peter DeClark, both of Toledo, Ohio.
Plaintiff experts: Scott Lipson, neurology, Hazel Crest, Ill.; and Christopher Vinnard, infectious disease, Newark, N.J.
Defense experts: Mark Skeen, neurology, Durham, N.C.; Daniel Prevedello, neurosurgery, Columbus,
Ohio; and Georgios Giannakopoulos, infectious disease, Holmdel, N.J.