February 25

Trial begins in hospital death suit

W-B General Hospital staff accused of negligence in the death of Eugene Stoker.

By Rory Sweeney rsweeney@timesleader.com
Staff Writer

WILKES-BARRE – Opening arguments were heard Tuesday in a lawsuit that accuses medical staff at the Wilkes-Barre General Hospital of negligence in the 2004 death of a Plains Township man.

The trial before Luzerne County Judge Hugh Mundy began with Matt Casey, the attorney for the family of Eugene Stoker, showing a picture of the 57-year-old man, who Casey said “died a horrible, choking, suffocating and completely preventable death at Wilkes-Barre General.”

According to records the plaintiffs collected, Stoker died of a blood clot that blocked the artery to his lungs – called a pulmonary embolism – more than a day after he was admitted to the hospital complaining of shortness of breath.

“He died of medical mistakes, very basic medical mistakes … that you don’t need to read a lot of medical books to realize was just careless,” Casey said.

In late February of 2004, Stoker had received a quadruple bypass at the hospital, according to the plaintiffs’ complaint. There were complications, but he was eventually sent home on March 2. Six days later he returned, complaining of shortness of breath, and died almost 30 hours later on March 9 after not receiving accurate medical treatment, the complaint alleges.

The family is seeking compensation for negligence, emotional stress and wrongful death in excess of $50,000 from the Wyoming Valley Health Care System and several doctors involved with Stoker’s care.

Peter Curry, the attorney for Dr. Michalene Torbik, said he would present a doctor from Johns Hopkins Hospital who would testify Torbik complied with the required standard of care. Torbik was the doctor who evaluated Stoker on his entry into the hospital. The plaintiffs believe she failed to accurately identify Stoker’s health issues, order the correct tests or dispense the correct treatment.

Lauralee Bea Baker-Starr, who represented family physician Dr. Ed Carey, said Carey was covering for the patients of his brother, Dr. John Carey. Stoker was stable and comfortable when Carey evaluated him at 8 a.m. on March 9, she said, and Carey wouldn’t have been involved again unless consulting doctors had called him.

The plaintiffs argued medical staff at the hospital failed to make the correct calls to consultants to find out what was wrong.

Amy Shwed, the attorney for the WVHCS, acknowledged that Stoker’s death “is tragic” and that it’s indisputable that the correct calls weren’t made, but that the medical staff was merely wrong, not negligent.


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Former Patient said...

As a former patient of both Ed and John Carey, I can't say enough about them. In 1994 Ed came in to the office to see me as a new patient when I was 28 weeks pregnant and involved in an auto accident. The office was closed, but he came in in 17 inches of snow to see me, whom he had never seen before. He also successfully treated me. That alone should attest to the type of Dr he is. For many years after that, all I had to do was call the office and John would see me the same day with no questions asked. The only reason I don't see them anymore is because of insurance reasons. I am very sorry to see this, as I know how very thorough and compassionate Ed is.

February 25, 2010 at 4:59 AM

PAS said...

MORE GREAT MEDICAL CARE IN LUZERNE COUNTY. PRAYERS OUT TO HIS FAMILY

February 25, 2010 at 8:48 AM

Bonnie Lang said...

I hope and pray the hospital and physicians involved admit their error. Hopefully, this trial will be a wake up call to both physicians and hospital so that other patients and family will not have to go through what this family has gone through.

February 25, 2010 at 9:05 AM

Kimmy said...

Sad... I feel for this family. This is a lawsuit I am behind. I do not like General Hospital and I know from personal experience the care is substandard! My thoughts and prayers are with the family!

February 25, 2010 at 10:07 AM

Amy said...

I also received substandard care for my son on a visit to the ER. He was only 4 at the time and they sent him home unable to breath well stating it was a cold. He ended up back at the hospital the next morning in an oxygen tent and then transferred to Danville in respiratory distress and bacterial pneumonia. WE almost lost him. It was a nightmare that could have been picked up quicker, had we not been sent home and blown off. He had pneumonia in both lungs and bruising on his abdomen from breathing so hard. It was a nightmare. I have no faith in WBGH

February 25, 2010 at 11:11 AM

NoGeneralForMe said...

I had a heart attack in late 2009 and was in General. The care was woefull. Only one nurse in ICU. Not bringing critical meds in a timely manner. And on and on... Then subsequently had bypass surgery. I had it at University of Pennsylvania, where the care was exceptional. A nurse and nurse assistant responsible for only four patients.

February 25, 2010 at 11:19 AM

Lisa said...

My father was recently in WBGH for 9 days and it was the worst care I've seen. One of the nurses told him to call his Dr. to go home because he was not cooperating with her, he passed away the first day he came home due to cancer. I was there one day for 5 hrs and not one nurse came into the room to check on him. I was told his nurse had to go to another floor. I told my husband to never ever let me go there in case of an emergency, especially the 8th floor.

February 25, 2010 at 12:13 PM

rtwngr said...

the doctors save a 57 year old man by performing by-pass surgury and the man dies sometime later and now the family wants to get paid. This is what is wrong with America. Lets just stop all heart surguries,after all it all involves a risk.this is why the cost of health care is crazy and the liberal are using this to socializ the country when they are the ones who benefit for these expensive court proceedings that you and i have to pay.reform the system and make all of these social parisites get a real job.leave the doc alone.

February 25, 2010 at 1:12 PM

scared said...

Drive to Philadelphia to get medical care - WVHCS is AWFUL and are the ONLY ones looking to get paid !

February 25, 2010 at 2:11 PM

Colleen said...

My mother fell last year and after 9 hours in the WBGH ER they sent her home. After weeks of severe pain, we found out she broke her spine and they never even X-rayed her back. It's a wonder there aren't many more lawsuits due to the horrible "care" administered in that ER.

February 25, 2010 at 3:10 PM

Kimmy said...

rtwngr, Yes blood clots are common after surgery, hence why the Dr. should have ordered a CT scan of his chest. Had they done this he may still be here, but no one will know now will they!

February 25, 2010 at 9:47 PM

Concerned And Sympathetic said...

Blood clots are very common but so is difficulty breathing after an open heart surgery since they just had their chest and ribs cracked open. Depending on the rest of the test results it may not have been acceptable to order the CT next. Keeping the health care debates in mind and with the new plan that is trying to be passed by our president more and more patients will have to go through an algorithm of treatments before the CT can be ordered.It is unfortunate and my heart goes out to the family, but everything happens for a reason. Patients die when it is their time. Sadly doctors like the Careys are going to be hard to come by, drs do not want to drive in 17inches of snow to come to the hospital for a patient they wont get paid for, or will get taxed extra in the end because they make more money. Keep all this in mind when voting for the universal health care and higher taxes on the doctors who make money (that they work for!).

February 25, 2010 at 11:24 PM

General, NEVER again! said...

General has too many unprofessional, nasty employees who don't hesitate to mouth off! One example: I might have been treated if I waited until that hothead female ER "doctor" got done blasting me due to her stress! I sympathize with the family and offer my condolences.

February 26, 2010 at 1:31 AM

Fran (Berdy) said...

Dr. Torbik didn't learn her lesson after Mr. Stoker died. Seven months later on a Saturday she could have killed me after I went to the WBG ER w/ stroke symptoms and, after 3 hours of lying there w/o ONE test, she sent me HOME and told me to call my family doc for a Benadryl Rx. That following Monday I was back in the ER and was admitted. She should lose her license and be sent to jail before she kills again.

February 26, 2010 at 12:03 PM


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