Virginia J. Eggleston, et al vs. Dr. Saba Aftab, M.D., et al

Case Background

On June 29, 2022, Plaintiff Christy Lynn Trimbath filed a Medical malpractice lawsuit in the New Jersey State, Camden County Superior Court (Case number: CAM-L-001054-18). Judge  Michael J. Kassel presided over the case.

Cause

Virginia Eggleston, a 66-year-old teaching assistant, underwent esophageal surgery to repair her Zenker’s diverticulum on May 9, 2016. Dr. Saba Aftab, an otolaryngologist from Advocare LLC, performed the procedure. Two days later, Eggleston experienced pain in her neck, trapezius area, right shoulder, and right arm. Her husband contacted Advocare to report her symptoms, but the office failed to record the complaints. Dr. Aftab called Eggleston on May 12 but did not document the extent of her complaints. On May 14, Eggleston sought urgent care due to severe pain. Ten days later, her husband called Advocare again to report her ongoing pain. Dr. Aftab instructed her staff to schedule an exam for Eggleston, but the office provided no documented evidence that they ever contacted her. Eggleston continued seeking care at urgent care facilities, an emergency room, and an orthopedic group. She was eventually diagnosed with a microperforation in her esophagus, which allowed bacteria to enter and cause an infection in her cervical spine.

Injuries

As a result of the delayed diagnosis, Eggleston developed discitis and osteomyelitis. She underwent major neck surgery, which included a disc excision and fusion at the C6 and C7 vertebrae using both anterior and posterior approaches. Eggleston required feeding through a nasogastric tube for approximately five days while her esophageal microperforation healed. She was then transferred to an inpatient rehabilitation facility. After discharge, she continued intravenous antibiotic treatment and underwent physical therapy at home.

Damages

Eggleston experienced periodic neck discomfort that limited her ability to carry and lift objects and perform some of her normal activities. As a teaching assistant for children with special needs, she suffered emotionally after being transferred to another classroom due to her surgery. Eggleston also endured severe anxiety throughout her treatment. Her expert neurosurgeon testified that she was at risk for adjacent-level disease in her cervical spine, which could potentially require future surgery. Eggleston sought damages for past and future pain and suffering. After her husband passed away during the litigation, his estate pursued damages for loss of consortium.

Key Arguments and Proceedings

Legal representation

 Claims

Eggleston sued Dr. Aftab and Advocare LLC for medical malpractice, alleging that the defendants failed to meet the standard of care in their postoperative management of her case. Eggleston’s otolaryngology expert testified that while the surgery itself met the standard of care, Dr. Aftab’s postoperative care was negligent. The expert argued that Dr. Aftab failed to appropriately investigate and act upon Eggleston’s signs and symptoms of a microperforation. According to the expert, proper postoperative care would have led to immediate treatment, preventing permanent injuries. The defense maintained that their treatment adhered to the standard of care and argued that osteomyelitis is not associated with the type of surgery Eggleston underwent in medical literature.

Defense

The defense  contested Eggleston’s allegations of medical malpractice. They maintained that Dr. Aftab and Advocare LLC provided treatment that fully adhered to the accepted standard of care. The defense’s expert in otolaryngology testified that Dr. Aftab’s postoperative care of Eggleston was both adequate and appropriate. They argued that a cervical infection, including osteomyelitis, would not have been suspected following Dr. Aftab’s surgery because Eggleston exhibited no fever or other constitutional symptoms typically associated with infection. The defense expert emphasized that no cases in medical literature associated osteomyelitis as a consequence of the specific surgery Dr. Aftab performed on Eggleston. Additionally, the defense’s experts in otolaryngology and orthopedic surgery supported their position that the postoperative care was appropriate given Eggleston’s presented symptoms. Through these arguments and expert testimonies, the defense sought to demonstrate that they had not breached the standard of care and were therefore not liable for Eggleston’s complications and injuries.

Expert Testimony

The Plaintiff introduced testimony from Dr. Lee D. Rowe (Otolaryngology, Philadelphia, PA) and Dr. Richard J. Meagher (Neurosurgery, Mullica Hill, NJ). Dr. Rowe testified that Dr. Aftab’s postoperative care was negligent, as she failed to properly assess Eggleston’s symptoms of microperforation. Dr. Meagher stated that earlier detection would have avoided the need for cervical fusion and warned of the risks of future surgeries.

The Defense presented Dr. Paul L. Asdourian (Orthopedic Surgery, Baltimore, MD) and Dr. Saral Mehra (Otolaryngology, New Haven, CT). Dr. Asdourian argued that Eggleston’s lack of typical infection symptoms justified the postoperative care provided. Dr. Mehra testified that Dr. Aftab’s care was appropriate, noting that no medical literature linked osteomyelitis to the surgery performed.

 

Jury Verdict

On September 10, 2024, the jury found Advocare LLC negligent and determined that this negligence proximately caused Eggleston’s injuries. However, the jury did not find Dr. Saba Aftab personally negligent in her treatment of Eggleston. In their decision, the jury awarded the plaintiffs a substantial sum of $11 million in damages in a Medical malpractice lawsuit.

Court Documents:

Available Upon Request