Posttraumatic Diaphragmatic Hernia

Our Case *

This wrongful death and survivorship action arose from the negligent care rendered to Mr. Baker, who died a premature and untimely death on March 30, 1995 at the young age of 28. On August 28, 1993, Mr. Baker presented to the Emergency Room of the Hospital for a left lateral chest wall stab wound that was inflicted by a pocket (pen) knife. As a result, three (3) chest x-rays were performed. Mr. Baker was then admitted to the Hospital for overnight observation and then discharged the following day.

On March 6, 1995 plaintiff's decedent again presented himself to the Hospital on three separate occasions with complaints of severe abdominal pain. Dr. Byron was the radiologist who read the obstruction series x-rays. He failed to report the presence of a very large mass extending from the cephalad to the level of the lower border of the third lumbar vertebral body. After admission, Mr. Baker continued to complain of abdominal pain, chest pain and shortness of breath.

On the morning of March 8, 1995, Mr. Baker lost consciousness and required resuscitation. He was then taken to surgery and found to have a posttraumatic diaphragmatic hernia with volvus of the entire stomach into the hernia sac and gastric ischemia with perforation. Subsequent operations were attempted on Mr. Baker but he died on March 30, 1995 at the age of 28. The autopsy performed concluded the death was a result of the stab wound.

Why were Defendants Negligent?

The initial x-ray and the repeat x-ray were read as normal. There was a third x-ray that was reported as "suggestive of a left pleural effusion. Repeat film is recommended." No repeat film was done. Mr. Baker was observed overnight and discharged the following day.

The Verdict

The Lewis Law Firm were able to recover a large monetary award as a result of trial. The battle was far from easy but the reward Mr. Baker's estate received was well worth the effort. At the Lewis Law Firm, we go to battle for you.

* Names have been changed where appropriate