Hajdaj v. Shoemaker, et al

Case Background

Mychaljo Hajdaj filed a medical malpractice case against his ER doctor alleging negligence after he failed to diagnose arterial blockages in his right leg which caused a delay in treatment that led ultimately to the loss of the leg in an above-the-knee amputation.

The case was filed in the

Cause

By early 2015, Mychaljo Hajdaj had a medical history that included two artery bypass surgeries and two angioplasty procedures due to artery blockages. At 72 years old, he visited the ER at Elkhart General Hospital on January 5, 2015, complaining of pain and numbness in his right leg below the knee.

Upon arrival, an emergency physician, Dr. James Shoemaker took charge of Hajdaj’s case. However, he seemed to overlook Hajdaj’s significant medical history, which indicated a heightened risk for further blockages. Instead of considering this history, Dr. Shoemaker suspected Hajdaj had deep vein thrombosis (DVT) and ordered a venous doppler ultrasound. This test could identify DVT but not arterial blockages.

When the ultrasound result came back negative for DVT, Dr. Shoemaker discharged Hajdaj. Hours later, Hajdaj returned to the ER, reporting worsened symptoms. His leg had become cold and discolored.

During this second visit, a CT angiogram revealed nine arterial blockages in Hajdaj’s right leg, leading to a complete loss of blood flow. Efforts to restore circulation began immediately but failed, making it clear that his leg could not be saved. Two weeks later, doctors performed an above-the-knee amputation. Hajdaj incurred medical expenses totaling $71,598.

Hajdaj presented his case to a medical review panel, which included experts in emergency and vascular medicine. He criticized Dr. Shoemaker for not diagnosing his arterial blockages during his initial visit, which delayed proper treatment and ultimately led to the amputation.

The panel unanimously concluded that Dr. Shoemaker’s actions did not breach the standard of care. Subsequently, Hajdaj filed a lawsuit against Dr. Shoemaker, Elkhart Emergency Physicians, Inc., and Elkhart General Hospital based on these findings.

Injury

The failure to diagnose arterial blockages in the patient’s right leg resulted in a significant delay in treatment. This oversight and negligence ultimately led to the amputation of the leg above the knee.

Damages

Plaintiff sought compensation for the significant losses he experienced due to the Defendant’s negligence. Furthermore, Hajdaj’s wife, Lidia Hajdaj, filed a derivative claim related to her loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Mychaljo Hajdaj | Lidia Hajdaj
    • Counsel for Plaintiff(s):  Nicholas T. Otis
  • Defendant(s): Dr. James Shoemaker
    • Counsel for Defendant(s): Edward W. Hearn | Sharon L. Stanzione | Michael J. Bolde

Claims

The Plaintiffs argued that Dr. Shoemaker should have ordered an arterial Doppler study instead of a venous one. They believed that this choice would have led to the timely discovery and treatment of the blockages. Had he made that decision, they claimed, Hajdaj’s leg might have been saved. Following this, the Plaintiffs agreed to dismiss Elkhart General Hospital from the case. As a result, the legal proceedings continued only against Dr. Shoemaker and his employer, Elkhart Emergency Physicians, Inc.

Defense

Dr. Shoemaker and his employer, Elkhart Emergency Physicians, Inc., defended the case. They denied any violation of the standard of care. Throughout the proceedings, they maintained that their actions were appropriate.

Jury Verdict

The trial lasted five days in Elkhart. On February 2, 2024, the jury ruled in favor of the Plaintiffs in this medical negligence lawsuit. They awarded Hajdaj damages totaling $6,200,000. Additionally, Lidia received $5,000,000 for her consortium claim. This brought the total award to $11,200,000. Subsequently, the court entered a judgment for this amount.

Court Documents:

Available upon request