Graciela Gomez McCallum was diagnosed as having cardiomyopathy and atrial fibrillation for which she was prescribed Coumadin therapy and placed with an implantable cardioverter defibrillator (ICD). She was in her mid-70s when she consulted with a cardiac electrophysiologist, Dr. Peter Garcia, and cardiologist Dr. Jose Marquez, who managed her cardiac care.
Approximately five years after Gomez McCallum began the Coumadin treatment, Dr. Marquez discontinued it. Several months later Gomez McCallum suffered a stroke that left her with left-sided paralysis and cognitive difficulties. She now requires care 24 hours a day.
She sued Dr. Marquez and his employer as well as Dr. Garcia alleging negligent discontinuation of Coumadin. The lawsuit alleged that Dr. Marquez had discontinued the blood thinner despite the patient’s history of chronic atrial fibrillation, chose not to confirm that she was no longer experiencing atrial fibrillation by evaluating her ICD downloads, and failed to consult with Dr. Garcia concerning his findings and recommendations.
Gomez McCallum also claimed that Dr. Garcia incorrectly determined that she was no longer experiencing atrial fibrillation and wrongfully recommended the discontinuation of the Coumadin.
The jury in this case signed a verdict of $8 million apportioning liability of 76% to Dr. Garcia and 24% to Dr. Marquez and his employer.
The attorneys for Gomez McCallum who successfully handled this case were Gary D. Fox, Stephen F. Cain and Michael E. Levine.
At this jury trial, Gomez McCallum’s counsel presented experts in hematology, life care planning and economics.
McCallum v. Marquez, No. 2015-027176 CA-08 (Fla. Cir. Ct. Miami-Dade County).
Kreisman Law Offices has been handling medical malpractice lawsuits, birth trauma injury cases, traumatic brain injury cases, hospital negligence lawsuits and physician negligence lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Rosemont, River Forest, Oak Lawn, Forest Park, Park Ridge, Park Forest, Oak Forest, Summit, Worth, Blue Island, Kenilworth, Lake Forest, Lake Bluff, Gurnee, Tinley Park, Palos Hills, Chicago (Rogers Park, South Loop, South Shore, Jefferson Park, Wicker Park), Inverness, Arlington Heights and Antioch, Ill.
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