The facts in this case were not in dispute. Between, at least, August 2006 and July 2008, F-46 was admitted to Sacred Heart Hospital multiple for times for reasons that include, but are not limited to, intractable vomiting, nausea, abdominal pain, and hypertension. On April 4, 2007, Plaintiff was admitted to Sacred Heart Hospital. On the morning of April 5, 2007, according to a report prepared by Zivojin Pavlovic, MD, F-46 underwent a pelvic ultrasound, due to hypertension and abdominal pain, that revealed her uterus appeared “bulky and somewhat tilted to the left side” with “[m]ixed echogenicity of the fundus area” and Dr. Pavlovic recommended follow-up computed tomography (CT) scan (w/ contrast) of the pelvis. Later that day (4/5/07), Plaintiff underwent a CT scan (w/o contrast) of her abdomen and pelvis that revealed a “[b]ulky enlarged uterus tilted to the left side” and Dr. Pavlovic recommended a CT with IV contrast (which was never performed). Plaintiff was discharged on April 12, 2007.
According to the deposition testimony of Drs. Caruso and Pavlovic, Dr. Caruso was provided with the results of the pelvic ultrasound and the CT scan of abdomen and pelvis. Moreover, there is no dispute, based on Dr. Caruso’s own testimony, that Dr. Caruso did not investigate or otherwise provide any follow up to those significant radiological findings. Additionally, Dr. Caruso testified that he was familiar with Plaintiff’s at-risk factors for uterine cancer including, but not limited to, obesity, low parity, diabetes, hypertension, and tobacco use.
According to the autopsy report, Plaintiff died on July 25, 2008 from advanced cancer of the uterus with acute massive hemorrhage. The bacteria entering the blood stream where the cancer was growing and destroying tissue around it explained the finding of sepsis on the death certificate.