Andrea S. Oriolo, et al Plaintiff vs. Cleveland Clinic Florida ( A NonProfit Corporation), et al Defendant

Case Background

On December 19, 2019, Diana Santa Maria filed a wrongful death lawsuit claiming medical malpractice following the death of her 51-year-old fiance, Saverio Sasso. The case centered around multiple failed intubation attempts, which caused an anoxic brain injury that led to Sasso’s death. He left behind his 16-year-old daughter, Gabriella Sasso.

The case was filed in Florida, Broward County Court. Michele Towbin Singer presided over this case. [Case number:  CACE19026017]

Cause

On September 23 and 24, 2018, physicians and staff at Cleveland Clinic Florida (CCF) provided medical care to Saverio Sasso, who later passed away. At the time, the medical team acted within the scope of their employment with the healthcare system.

Sasso, a 51-year-old patient, was admitted to CCF’s emergency room on September 23, 2018. He had recently visited urgent care twice within 24 hours, presenting symptoms such as dysuria, fever, chills, nausea, and signs of a urinary tract infection (UTI). By the time of his admission, Sasso was septic and at high risk for septic shock, necessitating close monitoring.

Despite this, medical staff failed to provide appropriate monitoring or take necessary vital signs. Sasso’s condition worsened throughout the night as staff neglected to recognize or address the progression of his illness. This lack of intervention allowed his sepsis to escalate to septic shock and lactic acidosis, leading to fluid overload, respiratory failure, and ultimately his preventable decline.

At 5:44 a.m. on September 24, 2018, staff discovered Sasso experiencing severe shortness of breath and rigors. A Rapid Response Team intervened, and an intern and pulmonary fellow attempted intubation without proper supervision. After administering a paralytic that incapacitated Sasso’s ability to breathe, multiple failed intubation attempts followed. Intubation was not successfully completed until 6:37 a.m. by an anesthesiologist, leaving Sasso unable to breathe for at least 14 minutes.

This delay caused irreversible brain damage due to insufficient oxygenation. Sasso suffered cardiac arrest, prompting a CODE BLUE. Medical records lack clarity on whether he received adequate oxygen or cardiac support during the prolonged resuscitation efforts, which lasted 15 minutes and included multiple pulse losses.

Injury

Saverio Sasso suffered severe brain injuries on September 24, 2018, and never regained consciousness. He passed away on October 1, 2018.

Damages

As a direct result of the medical negligence by Health System, Saverio Sasso’s daughter, Gabriella Sasso, suffered emotional pain and distress from her father’s untimely death. She lost his love, guidance, and both emotional and financial support. This loss also includes the future guidance and services her father would have provided.

Additionally, due to Health System’s negligence, the Estate of Saverio Sasso incurred medical, burial, and funeral expenses. The estate also lost the potential financial accumulations Saverio would have made had he lived a full life.

Therefore, Andrea Oriolo, as the Personal Representative of the Estate of Saverio Sasso, brought this wrongful death lawsuit and sought judgment against Cleveland Clinic Florida Health System Nonprofit Corporation for damages exceeding $30,000, exclusive of interest and costs.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Andrea S. Oriolo, Personal Representative: for the Estate of Saverio Sasso
    • Counsel for Plaintiff(s): Diana Santa Maria |  Philip D. Parrish | Daniella P. Pineros | David M. Carter | Dane Reed Ullian
  • Defendant(s): Cleveland Clinic Doing Business As Cleveland Clinic Florida Regional Health System | Cleveland Clinic Florida Health System NonProfit Corporation
    • Counsel for Defendant(s): James D. DeChurch | Harry Lee Cutler |  June Galkoski Hoffman

Claims

The Plaintiff brought this claim under the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq. The lawsuit brought claims of medical negligence, vicarious liability against Cleveland Clinic Florida Health System (Health System), gross negligence, and punitive damages.

While treating Saverio Sasso, the Health System’s employees, and the medical staff breached their duties in several critical ways:

  • They admitted a septic patient, at high risk for septic shock, to a general medical-surgical unit instead of a closely monitored ICU.
  • Once admitted, they failed to appropriately monitor and assess his condition, leading to septic shock, respiratory distress, and a preventable fatal intubation.
  • They did not promptly call an anesthesiologist during respiratory distress and failed to perform a proper airway assessment, which contributed to brain injury and death.
  • Multiple failed intubation attempts caused prolonged oxygen deprivation, further damaging his brain.
  • The Health System did not ensure the presence of an intensivist, hospitalist, or adequate medical equipment, violating its own policies.

These actions demonstrated a conscious disregard for Sasso’s life and safety. Cleveland Clinic Florida ratified this misconduct and further demonstrated gross negligence by allowing Dr. Ross to override the treating physician’s recommendations.

Due to this reckless conduct, Plaintiff sought punitive damages.

Defense

The Defendants denied the allegations of medical negligence. They raised several affirmative defenses, asserting that third-party negligence caused Sasso’s death. Additionally, they argued that comparative negligence played a role in the incident.

Jury Verdict

On March 8, 2024, the jury found that the Defendant’s healthcare workers caused Saverio Sasso’s wrongful death through negligence. The jury awarded the following damages:

For the Estate of Saverio Sasso:

  • Medical expenses: $151,000
  • Funeral expenses: $17,000
  • Lost net accumulations: $889,000

For Gabrielle Sasso:

  • Loss of support and services:
    • Past: $134,000
    • Future: $755,000
  • Loss of parental companionship, instruction, and guidance:
    • Past: $10 million
    • Future: $20 million

The total damages for Gabrielle Sasso amounted to $30,889,000. The combined damages for both the Estate and Gabrielle Sasso totaled $31,946,000 in this wrongful death lawsuit.

Post-Trial Counsel Remarks

Santa Maria said “this victory for Andrea Oriolo, the Personal Representative of her fiancé’s Estate with no claim of her own was much more personal. For the past 5 years she has carried the torch for a promise she made to her fiancé, as he lay in a coma before he was taken off life support, to make things right and take care of his then 16-year-old daughter. The jury’s verdict now allows her to fulfill that promise”.

Court Documents:

Available upon request

Press Release

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