$1.2M verdict in med-mal case

Counsel: No opportunity to give informed consent for procedure

The plaintiff’s decedent, William Lobaina, underwent a revision of a gastric bypass operation by defendant Dr. Bruce Deckinga.

Six days later, while at home, the plaintiff’s decedent developed respiratory distress. He was taken to the emergency department of Mercy Hospital in Grayling by ambulance and was treated for septic shock.

Two hours later, the plaintiff’s decedent was transferred to Northern Michigan Hospital. While en route, he suffered a cardiac arrest. He was pronounced dead before he could be operated on at Northern Michigan Hospital. The autopsy revealed a breakdown of the proximal anastomosis that caused the peritonitis and septic shock.

Plaintiff’s counsel said there were two claims against defendant Deckinga: (1) informed consent; and (2) misplacement of the proximal anastomosis on the esophagus, instead of the gastric pouch.

The plaintiff settled with defendant Deckinga just before the jury returned its verdict.

Defendant Wertz was found liable for not adequately stabilizing the patient before transfer.

An Emmett County jury returned a $1,170,000 verdict for the plaintiff, and all but $200,000 of the award was compensation for economic losses.

The keys to winning, plaintiff’s counsel said, were an appealing decedent and surviving spouse, and being able to disprove the defendant’s version of events.

Type of action: Medical malpractice

Type of injuries: Death

Name of case: Lobaina v. Deckinga, et al.

Court/case no./date: Emmett County Circuit Court; #04-8422-NH; March 13, 2007

Name of judge: Charles Johnson

Verdict amount: $1.17 million

Allocation of fault: 20 percent to the decedent; 40 percent to defendant Deckinga; and 40 percent to defendants Wertz and MPMG

Attorneys for the plaintiff: Robert B. Sickels and Scott Weidenfeller

Attorney for the defendant: Withheld

Name/city of most helpful experts: Dr. James Mathers, emergency medicine; Dr. John Baker, bariatric surgery

Insurance carrier(s): AP Capital for defendant Deckinga; ProNational for defendants Wertz and MPMG

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