Francis v. Porter

Case Background

David Francis died of a massive stroke that he suffered 12 days after a knee replacement surgery. His estate filed a medical malpractice lawsuit alleging the stroke was embolic and that his orthopedist had failed to institute appropriate anticoagulant therapy to prevent a pulmonary embolus. Judge M. James Chaney, Jr. presided over this medical negligence case. [Case number: 22-114]

Cause

David Francis, 70, underwent elective knee replacement surgery on June 1, 2020, at Merit Health River Region Hospital. Dr. William Porter, an orthopedist from the Vicksburg Clinic, performed the procedure. The surgery itself went smoothly without complications.

Following the operation, Dr. Porter prescribed a two-day course of anticoagulant medication to reduce the risk of blood clots. Francis was discharged from the hospital two days later, marking the end of his anticoagulant treatment.

On June 13, 2020, ten days after the surgery, Francis’ wife heard a loud thud in their bathroom. She discovered him collapsed on the floor. He had suffered a massive and catastrophic stroke and passed away four days later at the University Medical Center in Jackson.

Damages

The estate sought compensation for the wrongful death of David Francis caused due to the alleged medical negligence of Dr. Porter.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Estate of David Francis
    • Counsel for Plaintiff(s): Charles M. Merkel, III | Charles M. Merkel, Jr.
    • Experts for Plaintiff(s): Dr. Joseph Kiss | Dr. Khalid Yousef | Dr. Jagan Gupta | Stan Smith | Dr. Paul Uribe

Claims

The Francis estate filed a lawsuit against Dr. Porter, accusing him of medical negligence in managing Francis’ anticoagulant care. The estate argued that, due to Francis’ high risk of a pulmonary embolism, particularly in the first 14 days after surgery, he needed anticoagulant treatment for more than two days. The stroke occurred on the 13th day, which they believed supported their claim.

The case also involved a disputed issue regarding the nature of the fatal stroke. The estate contended that the stroke was embolic, caused by a blood clot, rather than thrombotic, linked to heart disease. This created a two-fold dispute: one over the standard of care and another over the causation of the stroke.

Defense

The Defense focused on the causation issue. They denied the allegations made by the Plaintiff and argued against the claim.

Expert Testimony

The Plaintiff identified several experts, including Dr. Joseph Kiss, Hematology, Pittsburgh, PA; Dr. Khalid Yousef, Orthopedics, Rochester, MN; Dr. Jagan Gupta, Neuroradiology, Tulane; and Dr. Paul Uribe, a pathologist formerly of Mississippi, now in Rosenberg, TX. Dr. Yousef specifically argued that administering only two doses of anticoagulants was grossly negligent. Additionally, economist Stan Smith from Chicago assessed the pecuniary loss to the Estate.

On the Defendant’s side, Dr. David Schwartz, Pathology, Atlanta, GA, and Dr. Steven Stogner, Critical Care, Hattiesburg, presented opposing views. They explained that the stroke was caused by atherosclerosis and not by an embolus. According to the Defendant, there was no evidence of an embolus, and therefore, the stroke was unrelated to the surgery.

Jury Verdict

The case was tried over five days before a jury in Vicksburg. After deliberating, on February 2, 2024, the jury returned a verdict in favor of Dr. Porter on the liability issue. The final judgment reflected this decision.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com