Lois Haeberli vs. Miami Beach Healthcare Group, Ltd.

CASE REPORT/SUMMARY

1. Style of Case:

   LOIS HAEBERLI, as Wife and Personal Representative of the estate of JOHN HAEBERLI, deceased, vs. MIAMI BEACH HEALTHCARE GROUP, LTD., d/b/a AVENTURA HOSPITAL AND MEDICAL CENTER, MEMORIAL HOSPITAL WEST, KENNETH BLAZE, D. O, JOSE TORRES, M. D., PASQUALE SINACROPE, M. D., and JORGE L. BARROS, M. D.

2. Court and Case No.:

   Suit was filed in the Eleventh Judicial Circuit in and for Dade County, Florida. Case Number 99-22891 CA 9

3. Trial Judge:

   Judge Thomas Wilson, Jr.

4. Trial Date:

   March 19, 2001

5. Plaintiff's Attorney:

   Brett Alan Panter from the Law Firm of Panter, Panter & Sampedro, P.A.

6. Defendant's Attorney:

   Richard T. Woulfe, Esq., Bunnell Woulfe Kirschbaum Keller Cohen & McIntyre, P.A., 888 East Las Olas Blvd., 4th Floor, Ft. Lauderdale, FL 33301, Attorneys for Memorial West & Dr. Sinicrope;

   James S. Haliczer, Esq., Haliczer, Pettis & White, P.A., 101 N.E. Third Avenue, Ft. Lauderdale, FL 33301, Attorneys for Drs. Blaze and Torres:

   Michael J. Parenti, III, Esq., Parenti, Falk, Waas, Hernandez & Cortina, P.A., 113 Almeria Avenue Coral Gables, Florida 33134, Attorneys for Aventura Hospital;

   Raymond A. Reiser, Esq., Raymond A. Reiser & Associates, P.A., SunTrust International Center, One SE Third Avenue, Suite 1860, Miami, Florida 33131, Attorneys for Barros.

7. Description of Liability Aspect of Case:

   This was a medical malpractice case brought due to the death of John K. Haeberli, a 57 year old man, who underwent right total hip replacement on March 5, 1998. Mr. Haeberli was discharged home on March 9, 1998 and presented to Memorial Hospital on March 28, 1998 with shortness of breath after a syncopal episode at home and died as a result of a massive pulmonary embolism at 1:00 p.m.

   The lawsuit was brought against Aventura Hospital; Memorial Hospital; Dr. Torres, the attending doctor at Memorial Hospital; and Dr. Barros, the pulmonologist at Memorial Hospital.

   The theory of the case against Aventura Hospital was failure to administer thromboembolism prophylaxis as ordered. The theory against the Hospital was failure to provide a timely VQ lung scan. The theory against Dr. Torres was his failure to follow up on the timeliness of the VQ lung scan and the theory against Dr. Barros also related to the failure to obtain the VQ scan.

8. Description of Plaintiff:

   The Plaintiff in this matter was a 57 year old male with a history of osteoarthritis and a past medical history of right hip and bilateral knee osteoarthritis. The decedent, John K. Haeberli was married and had two adult children. Mr. Haeberli was employed by the Marriott food chain catering business for over thirty years and was retired and working as a maintenance man at the local church.

9. Description of Injuries:

   The medical malpractice alleged resulted in death as a result of a massive pulmonary embolism due to recent right hip replacement.

10. Treating Doctors:

    Stated in description of liability.

11. Defense of this Claim:

    The defendants claimed that the nature of the pulmonary embolism was untreatable and massive and was something that could not have been prevented and, therefore, his death was not a result of medical negligence. Some of the defendants also pointed the blame at the hospital for not providing a VQ scan and considered them responsible pursuant to Fabre.

12. Lost Wages:

    John K. Haeberli was making approximately $400 to $500 per week at the time of his death.

13. Expert Witnesses:

    Plaintiff hired Bruce Charash as their trial expert. Dr. Charash is a cardiologist.

14. Jury Verdict/Settlement:

    The total settlement was $450,000.00.