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Personal Injury
Medical Malpractice
Wrongful Death

Estate of Robin Fritzler, through its personal representative, Geralyn Costa, and Kenneth M. Fritzler v. Eugene Sassano, M.D., et al.

Published: Jul. 26, 1997 | Result Date: Jan. 21, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 95CV1156 Verdict –  $1,391,140

Judge

Donald W. Marshall Jr.

Court

Adams District


Attorneys

Plaintiff

Jeffrey A. Bogue

Victoria J. Koury


Defendant

Alan E. Richman

Nick S. Kaluk

Craig A. Sargent


Experts

Plaintiff

Patricia Pacey
(technical)

Guy Voeller
(medical)

Martin T. Evans
(medical)

Michael A. Matthay
(medical)

Reed Pyeritz
(medical)

Trent Sickles
(medical)

Michael McAnallen
(medical)

Defendant

Richard K. Parker
(medical)

William Edwards
(Law Offices of William Edwards) (medical)

Gerald Kerby
(medical)

Stuart Kassan
(medical)

Derek J. Konopka
(medical)

Lee W. Shockley
(medical)

William Edwards
(Law Offices of William Edwards) (medical)

Gerald Kerby
(medical)

Facts

Decedent Robin Fritzler, a 34-year-old nursing student, began to complain of pain in her abdomen and her back from February 1994 through October 1994. The decedent was cared for by defendant Eugene Sassano, M.D.. Diagnostic tests did not reveal the source of the abdominal and back complaints. On Oct. 25, 1994, an abdominal CT was conducted that diagnosed the decedent with an abdominal aortic aneurysm. She was referred to the hospital's emergency department, where she was evaluated by defendant Fred Williams, M.D., an emergency room physician. Dr. Williams consulted with defendant Alan Rosenberger, M.D., a vascular surgeon, as to whether emergent surgery should be conducted. The plaintiffs claimed that Dr. Williams told the decedent to return to the hospital the next day to be seen for an examination by Dr. Rosenberger and to schedule elective surgery on the aortic aneurysm. The plaintiffs also claimed that within an hour after Ms. Fritzler's discharge from the hospital on Oct. 25, 1994 her aortic aneurysm started leaking and she returned to the hospital. Dr. Rosenberger performed surgery on the decedent that evening. On Oct. 31, 1994, she died from complications related to the surgery. The plaintiffs, the decedent's son and the estate, brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiffs made a settlement demand of $1 million from each defendant. The defendants made no settlement offers.

Specials in Evidence

$88,500

Injuries

Death of a plaintiff's mother.

Other Information

The verdict was reduced to reflect the statutory caps on non-economic damages. The plaintiffs settled with Dr. Sassano after the judgment was entered.

Length

11 days


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