On Monday, March 25, 2024, following an 11-day trial, a Philadelphia jury returned a $2 Million verdict for our client.
Our deceased client, James Eveland, a 50-year-old man went to the Aria Health Torresdale Hospital on March 9th, 2020, with a blood clot in the lung and died after he waited 10 ½ hours without getting the right treatment at the right time. The blood clot in the lung cut off the oxygen to his heart causing his heart to stop.
The cause of death was contested by the defense. Baratta Law called eight experts and the defense of seven experts over the 11-day trial.
Jury Verdict
The case was tried over 11 days before a jury and the Honorable Angelo Foglietta of the Philadelphia County Court of Common Pleas. The jury awarded the widow and the 2 teenage sons of James Eveland $1.3 million in wrongful death damages and $714,000 in Survival damages. The jury found the Aria Health Torresdale Hospital 90% negligent and Dr. Anna Dymarsky 10% negligent for the death of James Eveland.
The defense had offered $0 in this case.
Case Name: Maria Eveland, in her own right and as administratrix of the estate of James Eveland, Jr. v. Aria Health D/B/A Jefferson Torresdale Hospital, Anna Dymarsky, D.O., and Andrew Lee, D.O.
Court: Philadelphia County Court of Common Pleas
Judge: The Honorable Angelo J Foglietta
Plaintiff Counsel: Anthony J. Baratta, Esq. and Andrew P Baratta, Esq. – Baratta Law, LLC, Huntingdon Valley, PA
Plaintiffs Experts
- Rajnikant Shah, MD – Cardiology,
- Neel Shah, M.D.- Hematology
- Susan Abookire, M.D.– Hospital Standard of Care Expert
- Harry Kamerow, MD – Pathology
- Eric Nazziola, M.D, MBA – Emergency Medicine
- Annie Steinberg, M.D. – Psychology
- Jose Maria, R.N. – Nursing
- Andrew Verzilli, M.B.A. – Economist
Defense Counsel: Donald J Brooks, Jr. Esquire and Andrew Bond Esquire, and Eckert Seamans Cherin & Mellott, LLC, Philadelphia, PA
Defense Experts
- Elliot Gerber, M.D. – Cardiovascular
- Paul Kinniry, M.D. – Pulmonology
- Henry Rinder, M.D. – Hematology
- James Stone, M.D. – Cardiac Pathology
- Michael VanRooyen, M.D. – Emergency Medicine
- William, Pezzotti, DNP, RN, CRNP – Nursing
- James Stavros – Economist
