Philadelphia Jury Awards $6.8 Million in Medical Malpractice Case

A Philadelphia jury has awarded $6.8 million to the estate of a cancer patient who died following complications from a liver ablation procedure. The jury determined on November 22, 2024, that Dr. Kevin Anton, a physician affiliated with Thomas Jefferson University Hospital, was negligent in his care, leading to Ms. Stanton’s death.

The Procedure and its Aftermath

Ms. Stanton, a 63-year-old liver cancer patient, was undergoing liver ablation as part of her treatment plan while waiting for a liver transplant. She had a history of Hepatitis C and hypertension, conditions that further complicated her health. According to allegations presented in court, one of the heated needle probes used during the procedure shifted out of position, puncturing her stomach. Despite knowledge of this displacement, it was claimed that Dr. Anton discharged Ms. Stanton without proper follow-up care or informing her family of the potential risks.

In the days following the procedure, Ms. Stanton reportedly experienced severe pain and was unable to contact Dr. Anton for assistance. Nine days later, she was admitted to the emergency department at Thomas Jefferson University Hospital, presenting with sepsis and evidence of a thermal injury at the junction of her stomach and small intestine. Despite efforts to stabilize her, Ms. Stanton’s condition continued to decline. She developed pneumonia and succumbed to her injuries a month later.

Legal Arguments and Expert Testimonies

Barry Magen of Kline & Spencer, the attorney representing Ms. Stanton’s estate, argued that the injuries resulting from the ablation were preventable and directly caused by medical negligence. He alleged that the misplaced probe not only perforated her stomach but also contributed to the thermal injury that exacerbated her condition. Furthermore, the lack of adequate follow-up care and communication compounded her suffering.

The defense, represented by O’Brien & Ryan, admitted that the probe had shifted during the procedure but contended that Dr. Anton had made necessary adjustments. They argued that Ms. Stanton met all criteria for discharge at the time. However, they were unable to provide a clear explanation for the puncture and burn injuries, leaving their claims unsubstantiated.

Jury’s Decision

After a thorough review of the evidence and testimonies, the jury awarded Ms. Stanton’s estate $3.3 million for wrongful death damages and $3.8 million in survival damages. These awards reflect the pain and suffering she endured, the impact on her family, and the critical failures in her care. Expert medical witnesses played a pivotal role in explaining the extent of her injuries, the errors in procedure, and the subsequent lack of care.

 

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