On June 1, 2015, Schumacher arrived at St. Charles Hospital’s emergency department by ambulance and was admitted for cholecystitis, an infection to his gallbladder…law, NY Jury Awards $13M for Failure To Remove Gallbladder
On Aug. 11, 2015, plaintiffs’ decedent Robert Schumacher, 73, died during pancreatic surgery at St. Charles Hospital in Port Jefferson. Prior to his death, he had spent 65 days in the intensive care unit due to multiple complications brought on by an infected gallbladder. The estate alleged that his infection was exacerbated by surgeons Dr. Charles Thompson and Dr. Hesham Atwa, of Long Island Laparoscopic Doctors P.C., who had operated on the decedent in June.
On June 8, after a cardiologist approved the surgery, Atwa removed Schumacher’s infected gallbladder. Schumacher’s gallbladder infection had progressed, causing necrosis and gangrene to his gallbladder. Immediately upon awaking from surgery, Schumacher needed to be reintubated and admitted to the intensive care unit. For the next two-plus months, Schumacher suffered a long and painful course until his death, according to his estate.
The plaintiffs’ counsel argued that, as of June 5, 2015, when Thompson and Atwa were first consulted about Schumacher’s condition, the surgeons should have ordered an emergency surgery to remove the infected gallbladder. The plaintiffs’ expert in general surgery testified that these indicators were enough to suggest an immediate gallbladder removal surgery would be warranted. By waiting three days, it allowed necrosis and gangrene to infect the gallbladder and thus all of Schumacher’s postoperative complications and ultimately his death, the expert stated.
The plaintiffs sought recovery of $10 million for Schumacher’s pain and suffering, $500,000 for his wife’s loss of services, $250,000 for Schumacher’s children without disabilities, $3 million for the couple’s children who had disabilities and $500,000 for Schumacher’s wife for monetary loss following his death.
The jury found that both Atwa and Thompson departed from good and accepted medical practice by not contacting cardiology on June 5, 2015, or at any point prior to June 8, 2015, to expedite cardiac clearance, and that this departure was a substantial factor in causing Schumacher’s injuries and death.