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Neurosurgeon Prevails in Wrongful Death Suit

Posted by Courtroom View Network on Nov 7, 2014, 8:00:00 AM

Dr. Omar Jimenez testifies that he may have been able to save the life of Mark Kravitz if hospital nursing staff had properly notified him of complications Kravitz suffered after surgery Jimenez performed. Jimenez prevailed in a wrongful death suit brought by Kravitz's widow, Chompok Kravitz. Watch a clip of testimony.


 

Atlanta—Jurors took less than four hours to conclude that a neurosurgeon featured in a national news expose on controversial back surgeries was not liable for the 2004 death of one of his patients at a Wellstar Health Systems hospital. Kravitz and Estate of Mark Kravitz v. Dr. Omar Jimenez.

Chompok Kravitz sued Dr. Omar Jimenez, claiming that the physician's failure to properly treat her husband, Mark Kravitz, following Kravitz's back surgery at Georgia's Wellstar Cobb Hospital ultimately led to Kravitz's death. Jimenez, who worked for Georgia Brain and Spine at the time of the 2004 incident, had his surgical privileges suspended by Wellstar in 2006.

At the conclusion of the three-day trial, the 12-member jury was unanimous in finding that Jimenez was not responsible for Kravitz's death.

The suit attracted widespread attention following Jimenez's inclusion in an April 2014 CBS News story "Tapping Into Controversial Back Surgeries." The article highlighted the fact that a Medicare database listed Jimenez as performing 325 spinal fusion surgeriesthe same type of procedure Kravitz underwentthe third highest number in the nation. 

Although Mark Kravitz's April 2004 surgery was initially deemed a success, he suffered post-operative complications soon after its conclusion, and was moved to an intensive care unit, where he suffered fatal respiratory arrest.

The case turned on the adequacy of Jimenez's treatment. Plaintiff's attorneys argued that Jimenez failed to respond properly to Kravitz's worsening condition, which included neck swelling and shortness of breath prior to his death. However, Jimenez testified that nursing staff did not adequately notify him of the severity of Kravitz's symptoms. "I put (Kravitz) in ICU, to be monitored by the nurses, to call me every 30 minutes, if there was a change in the patient's breathing," Jimenez said, "and I was not called."

Wellstar, which had been named in the suit, settled for a confidential sum in 2007.

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Topics: Negligence, Medical Malpractice, Georgia

Opening This Week on CVN

Posted by Courtroom View Network on Nov 2, 2014, 2:00:00 PM

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Topics: Negligence, Andy Allen v. RJR, Medical Malpractice, Tobacco Litigation, CVN Florida, CVN National, News, Webb v. R.J. Reynolds, Bernard Paul v. Health Plan of Nevada

CVN to Air Possible Half-Billion Dollar Nevada Suit Against HMOs

Posted by Courtroom View Network on Oct 15, 2014, 1:53:00 PM


Las Vegas—UnitedHealth Group HMOs could face more than a half-billion dollars in damages for their alleged role in the hepatitis infection of one of their clients, as jury selection is scheduled to begin in a Nevada negligence suit October 20. Bernard Paul v. Health Plan of Nevada Inc., et al.

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Topics: Negligence, Insurance, CVN National, Bernard Paul v. Health Plan of Nevada

Merck To Face Second Fosamax Trial in State Court

Posted by Courtroom View Network on Feb 22, 2012, 2:41:51 PM

ATLANTIC CITY, NJ - Opening statements are scheduled for March 1st in the second lawsuit to go to trial in state court involving the widely-prescribed drug Fosamax.

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Topics: Pharmaceutical, In re: Fosamax