$9 million awarded to estate of patient who died of infection

[Guest guest]

$9 million awarded to estate of patient who died of infection

MLive.com - MI*

The Associated Press

Friday March 21, 2008

http://www.mlive.com/business/index.ssf/2008/03/9_million_awarded_to_

estate_of.html

LANSING, Mich. (AP) -- The estate of a 39-year-old construction

worker who died after three doctors failed to diagnose what kind of

infection was killing him has been awarded $9 million by a jury.

Cavanaugh of Holt died in 2003 about two weeks after being

admitted to Sparrow Hospital with shortness of breath, weakness and

a fever that had lasted 10 days. His death later was attributed to a

fungal infection, histoplasmosis, that he previously had been

exposed to while digging ditches and laying pipes, his attorneys

said.

Attorneys for both sides noted that state law caps the amount of

damages that can be awarded for pain and suffering resulting from

loss of a loved one and that the $9 million figure will be reduced

significantly, the Lansing State Journal reported Friday. The trial

took place before Ingham County Circuit Judge Brown.

Three doctors named in the lawsuit, including an infectious disease

specialist, never determined what was wrong with Cavanaugh.

" During a critical two-day period of time, the three doctors

primarily involved in his care had totally conflicting views of what

was going on with him and what needed to be done -- but they never

discussed it, " said Groffsky, one of two Southfield-based

attorneys who represented Cavanaugh's estate.

He added: " Certain tests that would have allowed for diagnosis and

treatment were not done. "

Attorney Anita Folino, who represented the three doctors and plans

to appeal the verdict, said the trio did not deviate from accepted

medical practices and noted that experts testified during the trial

that Cavanaugh couldn't have recovered.

" Even if they had diagnosed (the fungal infection) early on and

treated him for it, he would not have survived, " she said.

The doctors -- Francesca Dwamena, Ferenchick and

Havlichek -- are professors at Michigan State University's College

of Human Medicine who practice at Sparrow Hospital. Neither the

hospital nor the university was named in the lawsuit.

Michigan State spokesman Terry Denbow declined to comment because

the case still is in litigation.

The jury came back with a verdict Monday. The malpractice suit was

filed in 2005.

Cavanaugh had been taking several medications for rheumatoid

arthritis, which severely compromised his immune system, making him

susceptible to infection, court documents showed.