Kornak v. N. Broward Hospital

VERDICT

Trial
11/05/08 – 11/24/08

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Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

Plaintiff Martha Kornak's husband, 35 year-old James Kornak, died after surgery to install a pacemaker, which was indicated for atrial fibrillation or arrhythmia (fast or irregular heartbeat).

The pacemaker was successfully implanted, but due to a complication, two surgeries were performed -- the second operation was a continuation of the first, but performed the following day. Kornak died of respiratory complications (aspirated fluid) 17 days later.

According to the plaintiff, Kornak's lungs were clear before the first surgery, but bilateral congestion subsequently developed, and the anesthesiologists should have recognized the respiratory distress and waited a few days before placing Kornak under anesthesia for the second time, given that the procedure was elective and not urgent.

The defense argued that many anesthesiologists and other providers were involved, and their judgment at the time was not negligent. Kornak did withstand the second anesthesiology, said the defense, and he came through the surgery fine. Instead, Kornak's respiratory distress did not result from the surgery, but was caused by Kornak's underlying anatomy, which caused pulmonary hemorrages in his lungs.

The jury found in favor of the plaintiff against all defendants, and awarded total damages of approximately $4.5M.

Outcome

Fault: Mina Akhnoukh-5%, Stephane Otmezguine-45%,
Charles Byrd-50%
Medical Expenses: 448,500
Funeral Expenses: 13,294
Loss to the Estate: 42,000
Martha Kornak:
Loss of Support: Past-350,000, Future-660,000
Loss of Companion: Past-500,000, Future-500,000
Reannan Kornak
Loss of Support: Past-350,000, Future-660,000
Loss of Father: Past-500,000, Future-500,000

Sessions

AM Session
Openings
1 Chapters
DescriptionAttorneyWitnessPresence
00:00:00Opening StatementRubio , Maria
AM Session
Openings
2 Chapters
NOV
5
AM Session
Plaintiff Witness(es)
1 Chapters
AM Session
Plaintiff Witness(es)
1 Chapters
AM Session
Plaintiff Witness(es)
2 Chapters
PM Session
Plaintiff Witness(es)
1 Chapters
PM Session
Plaintiff Witness(es)
1 Chapters
PM Session
Plaintiff Witness(es)
1 Chapters
NOV
6
AM Session
Plaintiff Witness(es)
2 Chapters
AM Session
Plaintiff Witness(es)
2 Chapters
PM Session
Plaintiff Witness(es)
2 Chapters
NOV
10
AM Session
Closings
3 Chapters
AM Session
Closings
3 Chapters
AM Session
Closings
3 Chapters
NOV
21
AM Session
Verdict
1 Chapters
NOV
24

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