Verdict - $1 Million for malpractice

A jury finds a wrong prescription was largely responsible for a Holiday man's death.
 
By Alex Leary
Times Staff Writer

NEW PORT RICHEY - A jury has awarded a $1-million B>medical malpractice verdict to a Holiday woman who said her husband's doctor wrongly prescribed pills that killed the 71-year-old.

The verdict came late Friday after a week long trial, and the award to Joan Harvey is believed to be one of the largest ever in west Pasco. The jury gave her $400,000 for past suffering and $600,000 for future pain.

"I don't think (the doctor) was as careful as he should have been," juror Mary Rinaldi of Port Richey said Monday. "You are putting your life in their hands and you want them to do everything they can."

Wayne Harvey died of a heart attack on July 4, 2000. His ordeal began in March of that year when blood tests showed he had a high platelet count.

His family doctor referred him to Pasco-Hernando Oncology Associates in New Port Richey. Dr Gajanan Anant Kulkarni prescribed Agrylin to treat thrombocytosis, a condition in which there are too many platelets in the blood and clotting can occur.

But Harvey began to experience breathing problems, and on June 24, 2000, he checked into Community Hospital in New Port Richey and was placed on a respirator. On June 28, his situation had worsened and he was transferred to Tampa General Hospital, where he died.

Jurors also found a Community Hospital doctor partially responsible for Harvey's death. Dr. Lalit Gupta is liable for 25 percent of the jury award.

Attorney Wil Florin argued that Kulkarni should never have prescribed Agrylin, given Harvey's health history, and failed to remove him from the drug when complications arose. According to the Web site for Agrylin, it should be used with caution by people with known or suspected heart disease. Harvey underwent coronary bypass surgery in 1989.

Tests in 2000 ruled out heart problems, but Florin said Kulkarni should have taken chest X-rays to investigate the cause of the labored breathing. Harvey also continued taking aspirin while on Agrylin, meaning he was on two blood thinners. "That raised the risk of internal bleeding," said Florin, adding the doctor should have told Harvey not to take aspirin.

An X-ray taken at Community Hospital revealed fluid in Harvey's lungs, Florin said. Still, Kulkarni did not take him off Agrylin.

That did not happen until Harvey reached Tampa General Hospital, where a tube was inserted into his lungs, which were found to be filled with blood. "He basically got there too late for them to save him," Florin said.

He showed jurors X-rays of Harvey's lungs after the drug was no longer administered "The lungs were clearing. But at that point, his other organs had set into motion to failing." Florin also introduced testimony from a Tampa General doctor who said a drug reaction was likely the source of Harvey's problems.

Neither Kulkarni nor his attorneys, Ken Deacon and Kathy Hessinger of St. Petersburg, could be reached.

The defense argued that Harvey died of a viral pneumonia for which there is no test. It also pointed a finger at Dr. Gupta of Community Hospital, saying he was in primary control of Harvey once he entered the hospital and was therefore responsible.

Though Gupta was not named in the suit, the jury found him partly responsible for Harvey's death and 25 percent of the verdict is against him.

Joan Harvey could not be reached Monday.