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Woman wins $3 million lawsuit over misdiagnosis

Posted by: David Patton
November 27, 2007
Topic: Civil Lawsuit Cases

Friday, November 23, 2007 By Paula Ward, Pittsburgh Post-Gazette

A Bethel Park couple won a $3 million medical malpractice verdict this week after the woman's sinus infection was misdiagnosed and turned into a brain abcess.

Lynn and James Flaherty filed the lawsuit alleging negligence against Dr. Lesley DeGiovanni, Dr. John Montini and their physician assistant, Kellie Egidi.

Their family practice is located in Mt. Lebanon, and they plan to appeal the jury's decision.

According to the Flahertys' attorney, Stephen Del Sole, Mrs. Flaherty visited her doctor's office on Dec. 4, 2001, complaining of headaches and nasal discharge.

Neither of the practice's two doctors was available, so Mrs. Flaherty, now 61, was seen by Ms. Egidi. She recommended Mrs. Flaherty undergo additional testing and prescribed steroids. She did not prescribe an antibiotic.

According to expert testimony presented during the eight-day trial in Allegheny County Court of Common Pleas, steroids without an antibiotic would mask the sinus infection and exacerbate it, Mr. Del Sole said.

Five days later, he continued, Mrs. Flaherty started exhibiting stroke-like symptoms, including facial drooping and disorientation. She went to the St. Clair Hospital emergency room and had a CT scan, which revealed the brain abcess.

Mrs. Flaherty was flown to Allegheny General Hospital, where she had to undergo emergency brain surgery. She was hospitalized for more than two months, was on a ventilator after having respiratory failure, had additional brain surgery and underwent rehabilitation to learn how to walk again, Mr. Del Sole said.

His client continues to have what is considered a frontal lobe injury. She is unable to regulate her emotions and has difficulty with complex cognitive function.

"She's just not the same person," Mr. Del Sole said.

Based on advice of counsel, Dr. DeGiovanni said she could not talk extensively about the case. She did say, though, that they believed Mrs. Flaherty was treated appropriately in their office.

"We feel badly for the ultimate outcome," she said. "We do feel terribly."

She added that they have complete confidence in Ms. Egidi.



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