In November 2001, plaintiff James Kornak, a 34-year-old aviation mechanic, was admitted to Broward General Medical Center for implantation of a pacemaker. Kornak, who had a congenital heart defect, developed complications with his heart as a young adult. He traveled from his home in Carpentersville, Ill., to have his surgery performed in Fort Lauderdale by Dr. Charles Byrd.
Kornak was put in intensive care with his surgery scheduled to continue the following day. During the night, fluid began to build in Kornak’s lungs, causing breathing difficulty. He was evaluated by anesthesiologist Mina Akhnoukh. The following day, Kornak was admitted for surgery and given anesthesia by Dr. Stephanie Otmezguine. Kornak suffered respiratory failure and died two weeks later.
Wife Martha Kornak, individually and on behalf of her husband’s estate, sued Anesco North Broward LLC, Akhnoukh, Otmezguine and Byrd for medical malpractice that resulted in his wrongful death. Byrd settled prior to trial.
The estate claimed that the anesthesiologists breached a duty to determine whether Kornak was physically able to undergo anesthesia and surgery. According to plaintiffs’ counsel, they should have discovered that Kornak was in respiratory distress and should not have approved his surgery. Plaintiffs’ counsel maintained that if the procedure was delayed by a few days, then the fluid could have been cleared from his lungs.
The defense denied liability. According to the defendants, the duties of the anesthesiologists were to prevent Kornak from experiencing pain and to ensure that he survived the anesthesia. The defendants contended that Byrd was liable for the death because he was anxious to complete the operation. Byrd was included on the jury verdict form as a Fabredefendant.
Kornak died of respiratory failure. He leaves a wife and a daughter.
Martha Kornak sought survivorship damages for medical malpractice and wrongful death.
The jury found Otmezguine 45 percent liable, Akhnoukh five percent liable and Byrd 50 percent liable. It awarded $4,504,000 that was reduced to $2,207,000.