Baltimore Man Wins $28 Million Medical Misdiagnosis Lawsuit

In early September, a Baltimore jury awarded a man $28 million in a medical misdiagnosis lawsuit. Gary B. Stern accused doctors of incorrectly diagnosing an ulcer in 2011, after visiting the emergency room with complaints of abdominal pain. At the time, he was 47 years old, active and healthy, according to the lawsuit. He had a history of Crohn’s disease, but had not experienced significant problems for more than a decade.

Consequently, he was forced to undergo more than a dozen surgeries and almost three years of hospitalizations, which left him with short-bowl syndrome. The former restaurant owner is now unable to care for himself, according to the lawsuit he filed in March 2014.

He accused doctors of negligence in diagnosing his symptoms as an extension of Crohn’s, without considering other diagnoses and as a result, the ensuing surgeries caused the disease to flare up again.

The jury determined that his gastroenterologists, Todd Heller and Steven Epstein “deviated from the standard of care” in Stern’s treatment, causing him to sustain permanent injuries.

Medical misdiagnosis lawsuit

The culmination of Stern’s three-week trial included awards of more than $14 million in future medical and life care expenses, $8 million in non-economic damages, $5 million in damages to his marital relationship and more than $1 million in past medical expenses, stated the malpractice verdict.

According to Stern’s attorney, the $13 million in non-medical damages will be cut down to $695,000 under state cap mandates. The $14 million medical care award will help the couple to afford a full-time caregiver, as he requires round-the-clock nursing care.

An attorney for the doctors said they were disappointed in the verdict and plan to appeal.

About Crohn’s disease

Crohn’s disease is part of a group of conditions called Inflammatory Bowel Disease (IBD). The disease itself is the chronic inflammatory condition of the gastrointestinal tract. It is similar to ulcerative colitis, but different areas of the gastrointestinal tract are affected. Crohn’s mostly impacts the end of the small bowel and the beginning of the colon, but it can affect any part of the gastrointestinal tract, including everything from the mouth to the anus. Conversely, ulcerative colitis only impacts the colon.

Crohn’s can also impact the entire thickness of the bowel wall, but ulcerative colitis only affects the innermost lining of the colon. Additionally, patients suffering from Crohn’s disease may suffer inflammation that skips, leaving unimpacted areas in between spots of diseased intestine. This does not happen with ulcerative colitis.

Some of the symptoms that may be related to Crohn’s include:

• Rectal bleeding
• Persistent diarrhea
• Abdominal cramps and pain
• Urgent need to move bowels
• Constipation
• Sensation of incomplete evacuation

Crohn’s patients also commonly experience loss of appetite, which may result in weight loss. Feelings of low energy and fatigue often occur in those suffering from the disease. Crohn’s is a chronic illness, so patients typically experience periodic flare ups and subsequent remission, where no signs are present at all. In total, approximately 700,000 Americans suffer from this disease. The disease can impact anyone, but is most widespread among adults between the ages of 15 and 35 years of age.

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