A Mercer County jury has awarded more than $5 million to the family of man who died following a hip replacement surgery.
On July 21, the jury hearing the case Masters v. Piston found four defendants partially liable for the death and awarded nearly $5.1 million to the family of Thomas Natale Jr. The award included $2 million to each of Natale's children for loss of comfort, companionship, guidance and tutelage. Both children, according to the attorney who tried the case, were in their 30s.
The verdict is the largest award out of the county for a medical malpractice case involving a death in at least two decades. According to a review of The Legal's archives dating back to 1994, the only Mercer County award that was larger was a $12.8 million medical malpractice verdict from 2001 involving misdiagnosed breast cancer.
Natale's case stemmed from treatment he received after he broke his hip falling off the back of a truck at work, and what the plaintiffs characterized in court papers as "fundamental breakdowns in communications between and among the medical and nursing staff."
Ross Feller Casey attorney Josh Van Naarden tried the case for the plaintiff. He said a major factor at trial was a dispute between the defendant orthopedic surgeon, Dr. Robert Piston, and a treating nurse regarding whether the doctor should have been aware of Natale's deteriorating condition before he underwent surgery.
"I believe the jury got it right, and they rejected his testimony," Van Naarden said. "We believe that the verdict was just."
The jury awarded 40 percent liability against Piston, and 20 percent liability against his practice. The other defendants in the case settled prior to trial.
Piston was represented by Alan Baum of Matis Baum O'Connor. Baum did not return a call seeking comment Tuesday morning.
Regarding the damages, the jury awarded $382,570 in past lost earnings, $116,220 in future lost earnings, $115,000 for loss of household services, $400,000 for pain and suffering, $60,000 for loss of life's pleasures and $10,000 each for embarrassment and humiliation.
The trial had lasted for two weeks before Mercer County Court of Common Pleas Judge Daniel Wallace.
According to Natale's pretrial memo, Natale had been scheduled for surgery on Sept. 7, 2007, but the procedure was bumped. Soon after, Natale suffered an aspiration event that was not immediately recognized, court papers said.
Natale developed a fever that worsened over the next 12 hours to the point where he was suffering from tachycardia and hypoxia, according to court papers. Plaintiffs contend Natale should have undergone a pulmonary consultation and intervention, but instead he was taken into surgery, where he was put under spinal anesthesia.