A Nov. 19 jury verdict finding the Hospital of the University of Pennsylvania guilty of medical malpractice and responsible for damages totaling $1.74 million will come under question on Feb. 5.
Following the death of her husband in 2003, Donna Traina, represented by attorney Timothy Lawn, filed a lawsuit against HUP, Mercy Suburban Hospital in Norristown and several doctors and medical personnel from both hospitals.
The jury awarded her $2.9 million for wrongful death, pain and suffering, and lost wages. HUP was found 60-percent negligent and liable for $1.74 million of the damages. The cases against the medical personnel were dropped before trial and all the doctors were found not negligent.
Both hospitals have since filed motions for post-trial relief, similar to an appeal, in order to argue to overturn the verdict. A hearing has been set for Feb. 5.
At the hearing, HUP attorney James Young will present an oral argument before the Philadelphia Court of Common Pleas.
"The treatment Traina received was entirely appropriate. There are sound legal reasons to undo the mistake made by the jury," Young said.
Traina's husband, Joseph Traina, 30, died Feb. 3, 2003 of a cardiac arrest due to a pulmonary embolism following treatment at HUP and Mercy Suburban. Traina had undergone gastric bypass surgery at HUP 13 days earlier and sought treatment for pain in his legs during the days following the surgery.
At the trial, Lawn convinced the jury that Traina's pulmonary embolism was due to undiagnosed deep vein thrombosis, or blood clots in the legs. He argued that detecting the DVT or prescribing blood thinners would have avoided the death, according to a statement on the Web site of Lawn's law firm. Doctors at HUP had done testing for DVT in the area above the knee, and the results were negative.
Although the verdict was a blow to HUP, Young has high hopes for next month's hearing.
It's impossible to know why a jury decides in favor of one side or the other, Young said, but "we believe that the result of the case was unsupportable and we hope for it to be reversed."
The plaintiff has also filed a post-trial motion for delay damages. This could increase the amount HUP must pay and will be decided following the hearing in February.
Harold Goodman, who is also representing Donna Traina and handling post-trial motions, did not return calls for comment.
