Patient’s Aorta Punctured During Catheterization
On April 7, 2004, plaintiff’s decedent John Niegocki, 46, underwent cardiac catheterization and the insertion of stents. The surgery was performed by Dr. Thomas Komorowski, at St. Luke’s-Roosevelt Hospital Center, in Manhattan. During the procedure, Komorowski accidentally pierced Niegocki’s arterial aortic vessel. Doctors erroneously determined that the resultant bleeding was emanating from Niegocki’s single “horseshoe” kidney. The kidney was embolized, and Niegocki underwent dialysis. His condition did not improve, and he died after several weeks had passed. Niegocki’s estate claimed that his death was a result of bleeding that stemmed from the undiagnosed perforation of his aorta. On April 7, 2004, Niegocki sustained a puncture of his arterial aortic vessel. Doctors erroneously determined that the resultant bleeding was emanating from his horseshoe kidney. The kidney was embolized, and Niegocki underwent dialysis. During the ensuing 22 days, he suffered intermittent losses of consciousness, a cardiac arrest, a collapse of his pulmonary system, infections and sepsis. His bleeding continued and necessitated performances of transfusions. He also underwent a tracheotomy. He died April 29, 2004, at age 46. He was survived by his wife.
Niegocki’s estate sought recovery of wrongful-death damages that included damages for Niegocki’s pain and suffering. Niegocki’s wife presented a derivative claim.
The parties agreed to a $2.25 million settlement, which was paid by the hospital’s insurer. The money addressed Niegocki’s conscious pain and suffering. The plaintiffs contemporaneously discontinued the wrongful-death claim and their claims against the doctors.
Niegocki’s widow, Mary Donnelly Niegocki, acting individually and as executrix of the estate, sued St. Luke’s-Roosevelt Hospital Center; Komorowski; Komorowski’s superior, interventional cardiologist Dr. James Slater; the surgeon who managed Mr. Niegocki’s postoperative care, Dr. Alan I. Benevenisty; the surgeon whose name was included on Mr. Niegocki’s operative report, Dr. Dr. Rimvida Obeleniene; and several other doctors and consultants who were alleged to have been involved in the care of Mr. Niegocki, Drs. Gordon Haugland, David Klyde, John C. Lantis II and David Weiner. The plaintiffs alleged that Komorowski failed to properly perform the surgery, that all of the defendants failed to diagnose the source of Niegocki’s bleeding, and that the defendants’ actions constituted medical malpractice.
Plaintiffs’ counsel subsequently learned that Obeleniene was not present during the surgery. Thus, they discontinued the claims against her. The matter proceeded against the remaining defendants.
Plaintiffs’ counsel claimed that Komorowski accidentally punctured Niegocki’s aorta and that the error constituted a deviation from accepted standards of medical care. They also claimed that Komorowski and the other treating doctors failed to recognize the error and erroneously determined that Niegocki’s kidney was the source of the resultant bleeding. They noted that an autopsy indicated the bleeding’s primary source was punctured aorta. They contended that the misdiagnosis prompted the administration of unnecessary treatment that led to Niegocki’s death.
Plaintiffs’ counsel further claimed that the hospital’s staff failed to ensure that Niegocki was properly monitored during the postoperative period. They contended that the staff failed to detect and treat Niegocki’s serious complications.
Defense counsel contended that the aorta is occasionally punctured during a cardiac catheterization. They also contended that the embolization was a necessary response to the doctors’ belief that Niegocki’s bleeding stemmed from his kidney’s parenchyma–its essential parts.