Malpractice suit lands $4.2 million

Bill Gang

Friday, July 23, 1999 | 10:49 a.m.

A District Court jury has awarded $4.2 million in a medical malpractice case to the family of a heart bypass patient who died in 1991 when internal bleeding went undetected for days.

After two days of deliberations the jury in District Judge Gene Porter's courtroom decided in favor of the three daughters of Juanita Gibson and compensated them for the loss and their pain and suffering.

The jurors declared that doctors Julie Swain and Harry Thomas Jr. were both negligent in the treatment of the 63-year-old victim. The trial lasted three weeks and consisted largely of expert witnesses dueling over the reasons for the woman's death.

Gerald Gillock, one of the family's attorneys, had suggested during closing arguments earlier this week that compensation should be between $1 million and $10 million.

Attorneys for the doctors had suggested the three daughters should be given no more than $100,000 each.

In its verdict, the jury concluded it couldn't determine if one doctor actually was responsible for Gibson's death and ultimately decided that both should share the blame.

Events began in May 1991 when Gibson entered a hospital for a heart bypass operation.

Thomas conducted an angiogram, which consists of inserting a cable with a tiny camera on the end into the patient's heart to determine the extent of disease or damage and whether a bypass will resolve the problem.

Thomas concluded a bypass was appropriate, according to trial testimony.

At the same time, Dr. Swain prescribed the drug Heparin -- an anti-coagulant that has a side effect that causes spontaneous bleeding in a tiny percentage of cases.

Gillock said that over a few days the woman's symptoms -- including a drop in blood pressure, an increase in heart rate and specific pain -- indicated there may be internal bleeding, but the signs were missed.

It wasn't until Gibson's situation became critical and she had a stroke that the bleeding was discovered, although the source was unclear, he said.

Two days later surgery was performed and the bleeding stopped, but by then Gibson had suffered kidney and liver failure and developed infections.

She died two weeks later without regaining consciousness.

An unresolved question in the trial was whether the bleeding was caused by the drug or by a slight puncture of the aorta during the angiogram.

Swain's lawyers argued that Gibson's symptoms as a result of the bleeding were so gradual that it was not reasonable to expect the doctor to diagnose the problem until her condition took a rapid downturn.

Gillock, however, reminded the jury during closing arguments Wednesday that experts identified 27 symptoms that were overlooked.

"They didn't react until (Gibson) was at death's door -- and then she went through the door," said Robert Vannah, another of the daughters' lawyers. "We're asking for justice, not sympathy."

Vannah said the daughters -- Janelle Schrader, Sandra Campbell and Deborah Watkins -- lost two decades of life with their mother.