Gene L. Swain, Sr. v. Mario Stefan, M.D., Rostislav Ignatov, M.D., The Watershed Treatment Programs, Inc., and Boca Raton Regional Hospital.

 

15th Circuit Court - Palm Beach County, Florida

 

Case No. 2009CA009178 AF

 

Judge Janis Keyser

 

Plaintiff's counsel:  Phil Federico of Schochor, Federico & Staton, Baltimore, Maryland

        Eric Romano of Romano Law Group, West Palm Beach, Florida

 

Counsel for Dr. Stefan, Dr. Ignatov, and The Watershed - Raul Romaguera, West Palm Beach, Florida

 

Counsel for BRRH - Peter Cooke and Jodi Barrett, West Palm Beach, Florida

 

Gene L. Swain, Sr. was a 66-year old retired music teacher who had taught in the Baltimore, Maryland school system for 40 years.  In January 2007, he entered residential treatment for alcohol dependency at The Watershed in Boca Raton, Florida.  The Watershed is not equipped to provide emergency medical care or airway management.  Shortly after arriving, Dr. Mario Stefan, began Mr. Swain on Lisinopril for hypertension.  Mr. Swain had an allergic reaction to the Lisinopril, causing him to complain of a "lump in his throat" at 7:40pm.  At 8:35pm, he had a swollen tongue and some difficulty breathing.  Dr. Ignatov, the psychiatrist on duty, examined Mr. Swain and recognized that he was suffering from angioedema.  Rather than send him to the emergency room immediately, he ordered Benadryl to control the swelling.  One hour later, Mr. Swain still had a swollen tongue in addition to anxiety and a sore throat.  Despite the fact that the Benadryl was not working and Mr. Swain's condition was worsening, Dr. Ignatov ordered another dose of Benadryl and did not send Mr. Swain to the hospital.  By 11:45, Mr. Swain's tongue was swollen further, he had slurred speech, anxiety, and increased difficulty breathing.  Dr. Ignatov finally sent Mr. Swain to the emergency room.  Upon arrival at the hospital at 12:10am, Mr. Swain's tongue and upper airway were so swollen that the ER doctor was unable to intubate him after three attempts.  The ER doctor performed a crichothyrotomy at 12:30am, which created a temporary airway.  While pumping oxygen into his airway, air was also being pumped into Mr. Swain's stomach, causing him to vomit, which displaced the tube and lost the airway at 12:35am.  Mr. Swain went into cardiac arrest and died at 1:15am.  The Watershed defendants claimed that they did try to send Mr. Swain to the emergency room as early as 8:35pm and that he refused.  They also argued that he really didn't need to go to the hospital at 11:45, as his vital signs were normal and he was breathing on his own.  Because the hospital's treatment involved emergency medical care, Florida law required proof that the hospital acted with reckless disregard for the consequences to Mr. Swain.  Mr. Swain is survived by his wife, Claudette, and their son, Gene, Jr., who was 15 when his dad died.

 

The jury returned a verdict of $3,171,000, consisting of $94,000 for funeral bills and lost support and services to his wife;  $77,000 for lost support and services to his son; $2,000,000 for his wife's loss of companionship and protection and her mental pain and suffering; and $1,000,000 for his son's loss of companionship, instruction and guidance and his mental pain and suffering.  The jury apportioned 40% fault to Dr. Ignatov, 35% fault to Dr. Stefan, and 25% fault to The Watershed.  It found that the hospital's conduct was not reckless, and it found no comparative fault by Mr. Swain.