Florida Jury Awards $32M Against Florida Clinic. Did ‘Changing Stories’ Play Role?

A Broward County jury has decided that the Cleveland Clinic Florida should pay almost $32 million to the estate of a man who was not put in intensive care after suffering septic shock and who later died.

The jury found the hospital was negligent and jurors awarded $30 million for present and future pain and suffering, loss of companionship and guidance, to the minor daughter of the patient, Saverio Sasso. About $1.9 million was awarded for medical expenses, funeral services and loss of support.

Sasso, 51, was admitted to the Cleveland Clinic emergency department in September 2018 after reporting severe back pain. In the previous 24 hours, Sasso had visited urgent care facilities with burning sensation during urination, nausea, fever and a urinary tract infection, the amended complaint reads.

At the time his fiancé brought him to the Cleveland ER, he was at high risk of septic shock from the internal infection, the lawsuit notes.

But “instead of placing him in an acute intensive care unit as his condition warranted, he was placed in an intermediate step-down unit for observation,” the complaint charges.

His condition worsened overnight. The next day, a rapid response team was called and personnel attempted to intubate Sasso. The procedure was unsuccessful until an anesthesiologist arrived. But that left the patient deprived of oxygen for 14 minutes, the suit contends. Sasso died a week later.

The not-for-profit Cleveland Clinic denied most of the allegations in the complaint and said that Sasso’s death was related to congenital medical conditions, and was not due to negligence by the hospital staff.

The plaintiff’s attorneys, Diana Santa Maria, David Carter and Dane Ullian, also asked the judge to sanction the clinic officials. The clinic deliberately withheld emails that allegedly supported the fact that the intubation was initiated by a resident rather than a fellow at the hospital, the March 7 sanctions motion reads.

During the trial, the Cleveland Clinic also offered “new stories” that were “suspiciously coincident” in an attempt to deflect damaging evidence, the estate’s lawyers said.

The Cleveland Clinic issued a statement to Insurance Journal about the verdict.

“The well-being of our patients is our top priority,” the statement reads. “While we respect the jury’s verdict and appreciate the time they committed to hear the case, we do not agree with the outcome and are evaluating our options.”