In December 2002, plaintiff Cory Fine, a 41 year old college professor, entered Shands Hospital in Gainesville to undergo gastric bypass surgery. The surgery was uneventful, but five days later, Fine developed breathing difficulties. As a result, he was sent to undergo a CT scan of his lungs. While in the machine, Fine died. An autopsy was performed, but it did not rule an official cause of death.
Linda Fine, acting as the personal representative of her husband’s estate, sued the hospital’s operator, Shands Teaching Hospital and Clinics Inc., for wrongful death and medical malpractice.
Plaintiff’s counsel contended that the cause of death was a cardiac arrhythmia. He contended that Fine was already suffering from low levels of oxygen and was in respiratory distress prior to the scan. He argued that as a result, a nurse should have been dispatched to monitor Fine’s condition, as well as accompanied the patient to the CT scan. Plaintiff’s counsel also contended that an oxygen saturation test would have taken a mere few moments, but that nobody ever checked Fine’s oxygen saturation levels or heart rate prior to the CT scan. He argued that the technicians should have immediately called for help after noticing that Fine was sweating profusely and stating that he felt like he would die. In addition, plaintiff’s counsel argued that Fine should not have been placed lying flat because this caused the organs to shift and result in dangerously lowered levels of oxygen, as well as because Fine indicated he had trouble breathing in that position.
Defense counsel argued that the MRI was done according to standard procedure and that Fine gave his oral consent for the procedure to be performed. Defense counsel further contended that the cause of death was a rare condition due to a reaction to the contrast dye in the MRI machine.
Fine died in the CT scan machine in December 2002. He died at the age of 41. He was survived by his wife of 10 years and his son who was three at the time.
Prior to his death, Fine was a professor at the University of North Florida, teaching industrial relations, earning in excess of $100,000 a year. The estate claimed that Fine’s son never really grew up to know his father, and his memories of his father are mainly from video and through photographs.
Thus, the estate sought recovery of damages for Fine’s wrongful death, as well as for his son’s loss of parental guidance and the family’s loss of financial support. The estate also sought recovery of funeral expenses.
The jury found Shands negligent in Fine’s treatment. It awarded a total of $6.2 million. Of the total award, Fine’s wife received $2.5 million in non-economic damages, Fine’s wife and child received $2.2 million in economic damages, and Fine’s child received $1.5 million in non-economic damages.
No post trial motions have filed as of this time.