May v. Osorio

Case Background

Plaintiff Michael May filed a medical malpractice lawsuit against Dr. Jose Osorio and Alabama Cardiovascular Group claiming medical negligence and breach of standard of care in performing an atrial fibrillation ablation procedure on him. The case was filed in the Alabama Circuit Court, Jefferson County. Judge Javan J. Patton presided over this case. [Case number: 21-902602]

Cause

In early 2018, Michael May developed atrial fibrillation, characterized by an irregular heart rhythm. On September 9, 2019, he consulted Dr. Jose Osorio, a cardiac electrophysiologist at Alabama Cardiovascular Group in Birmingham. May sought Dr. Osorio’s opinion for treatment options, despite being asymptomatic for the previous eighteen months. However, Dr. Osorio noted that May displayed symptoms and had experienced a significant drop in functional capacity.

After his evaluation, Dr. Osorio concluded that May qualified for an atrial fibrillation ablation procedure. This procedure utilized heat or cold to create small scars in the heart tissue, blocking abnormal signals and restoring rhythm. Dr. Osorio specialized in this technique.

The following day, Dr. Osorio performed the ablation at Grandview Medical Center in Birmingham, completing the procedure without complications. However, nine days later, on September 19, 2019, May contacted Dr. Osorio, complaining of chest pains. Dr. Osorio did not conduct an examination but assured May that his symptoms were unrelated to the ablation.

As May’s symptoms worsened, he visited a pulmonologist on September 30, 2019, reporting intermittent chest pain and shortness of breath. A chest X-ray revealed a spot on his lungs, prompting treatment with an antibiotic. He also updated Dr. Osorio’s office about his condition.

Less than two weeks later, on October 11, 2019, May collapsed while disembarking from an airplane in Atlanta. He was rushed to a local hospital, where he suffered multiple strokes. A CT scan on October 17, 2019 revealed he had developed an atrioesophageal fistula, a rare and life-threatening complication from the ablation.

Injury

May then underwent surgery to repair the damage to his heart and esophagus. Following this, he faced post-operative complications, including sepsis, a splenic abscess, and ileus, leading to a long recovery. Eventually, on November 22, 2019, May was transferred to Shepherd Center in Atlanta for rehabilitation. Despite the treatment, May experienced lingering effects from his ordeal, including cognitive deficits.

Damages

May pursued general and special damages against Dr. Osorio and Alabama Cardiovascular Group, P.C. for medical negligence. He alleged that they breached the standard of care. His medical expenses amounted to $1,490,301. In addition, May’s wife, Angie May, filed a derivative claim due to her loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Michael May
    • Counsel for Plaintiff(s): Justin C. Owen | William S. Stone | James W. Stone
    • Experts for Plaintiff(s): Dr. Rod Passman
  • Defendant(s):  Dr. Jose Osorio | Alabama Cardiovascular Group, P.C.

Claims

May filed a lawsuit against Dr. Osorio and Alabama Cardiovascular Group, P.C., alleging multiple counts. He claimed they negligently recommended the ablation procedure without exploring other options first. Additionally, he asserted that they failed to obtain his informed consent for the procedure. May also alleged that their actions led to the development of the fistula and that they failed to recognize and treat it promptly. Eventually, the plaintiffs dismissed their claims regarding Dr. Osorio’s responsibility for causing the fistula and his failure to treat it in a timely manner. The litigation then continued with the remaining counts.

Defense

Dr. Osorio and his employer defended the case, asserting that they had not breached the standard of care and that the treatment provided to May was appropriate in every aspect.

Expert Testimony

The Plaintiffs presented testimony from Dr. Rod Passman, a cardiac electrophysiologist from Chicago to strengthen their medical negligence claims. The defense also presented two cardiac electrophysiologists as experts. They were Dr. Christopher Ellis from Nashville and Dr. Jonathan Piccini from Durham.

Jury Verdict

The case was tried over six days in Birmingham. On August 19, 2024, the Alabama jury delivered a verdict that cleared Dr. Osorio and Alabama Cardiovascular Group, P.C. The court then issued a judgment in favor of the defense.

Court Documents:

Available upon request