Susan Angersola, Co-Executor of the Estate of Patricia Sienkiewicz, Deceased, and Kathleen Thurz, et al vs. Radiologic Associates of Middletown, P.C., et al

Case Background

On July 14, 2014, Plaintiff  Susan Angersola, Co-Executor of the Estate of Patricia Sienkiewicz, Deceased, and Kathleen Thurz and others filed a Wrongful Death lawsuit in the Superior Court of Connecticut, Middletown Judicial District (Case number:  MMX-CV14-6012179-S). Judge Rupal Shah Presided over this case.

Cause

This case involved the estate of Patricia Sienkiewicz, represented by co-executors Susan Angersola and Kathleen Thurz. They filed a wrongful death claim under Connecticut General Statutes § 52-555 against Radiologic Associates of Middletown, P.C., Middlesex Hospital, Shoreline Surgical Associates, P.C., and associated personnel. Between November 5, 2007, and April 5, 2012, the Defendants failed to properly interpret, report, and act on abnormalities found in Patricia’s chest X-ray. The X-ray revealed a 1.8 cm spiculated density in her left upper lung lobe. Despite these radiological findings, the Defendants neither notified Patricia nor her care team, nor did they order follow-up imaging or a CT scan. This failure led to the missed early diagnosis of lung cancer. As a result, Patricia’s condition progressed to Stage IV metastatic cancer, which ultimately caused her wrongful death on June 8, 2014.

Injuries

Patricia Sienkiewicz suffered severe and irreversible injuries due to the Defendants’ negligence. These included Stage IV lung cancer, metastasis to the brain, respiratory deterioration, and significant pain and suffering. She experienced incontinence, dementia, and multiple falls. Her condition required extensive hospice and home care. The progression of her disease shortened her life expectancy, prevented her from continuing chemotherapy due to low platelet counts, and left her unable to care for her sick husband.

Damages

As a result of the wrongful death caused by the Defendants’ carelessness, Patricia’s estate incurred substantial financial losses. These losses included medical expenses, hospice care, and funeral costs. Patricia lost her earning capacity and the ability to enjoy life’s activities. The estate also claims damages for her antemortem pain and suffering. Additionally, the estate seeks compensation for the psychological, physiological, and neurological sequelae caused by the delayed cancer diagnosis.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Susan Angersola, Co-Executor of the Estate of Patricia Sienkiewicz, Deceased, and Kathleen Thurz | Co-Executor of the Estate of Patricia Sienkiewicz, Deceased.
    • Counsel for Plaintiff: Joel L. Lichtenstein
  • Defendant(s): Radiologic Associates of Middletown, P.C., | Robert Wolek | Middlesex Hospital
    • Counsel for Defendants: John F. Costa, Esq.

Claims

The Plaintiffs allege that the Defendants failed to meet the standard of care. They neglected to follow up on abnormal imaging results. Additionally, the Defendants failed to communicate critical diagnostic findings to Patricia and her healthcare team. The wrongful death claim identifies several breaches. These include the lack of a proper diagnosis, inadequate record maintenance, and failure to develop or enforce protocols. The protocols should have ensured timely notification of imaging abnormalities. These actions are asserted as the direct cause of Patricia’s preventable suffering and untimely death, grounding the estate’s wrongful death claim and associated damages.

Defense

Middlesex Hospital denied most allegations in the lawsuit. They admitted to being a licensed Connecticut hospital and rendering professional services to the plaintiff’s decedent. However, the hospital specifically denied forming a joint venture with Radiologic Associates of Middletown and contested the claims in multiple paragraphs. As a special defense, the hospital claimed the plaintiff’s wrongful death claims were barred by the statute of limitations under Connecticut General Statute § 52-584.

Jury Verdict

On November 26, 2024,  the jury rendered a verdict in favor of the Defendant, finding that the Plaintiffs failed to prove their claims of wrongful death due to medical negligence.

Court Documents:

Complaint

Answer

Jury Verdict