Elizabeth Tigani vs. Westchester Medical Group P.C, et al
Case Background
On September 28, 2016, Plaintiff Elizabeth Tigani filed a Medical Malpractice lawsuit in the Connecticut State, Stamford Judicial District(Case number: FST-CV16-6029906-S). Judge Sheila A. Ozalis presided over the case.
Cause
Elizabeth Tigani was admitted to Greenwich Hospital at approximately 3:30 AM on December 6, 2014, for the delivery of her first child. Dr. Sara B. Elias, employed by Westchester Medical Group (WestMed), assumed primary responsibility for her care at 4:56 PM that day. The hospital staff, following Dr. Elias’s orders, began administering oxytocin at 4:56 PM to assist with labor, starting at 2 milli-units per minute. However, they administered it irregularly and in varying doses through the early morning hours of December 7, contrary to hospital protocol.
The staff inserted a Foley catheter at 6:45 AM on December 6, but removed it at 6:47 PM and did not replace it until 2:30 AM on December 7, leaving Ms. Tigani without this assistance for nearly eight hours. Ms. Tigani completed the first stage of labor at 5:51 PM on December 6. During the prolonged second stage of labor, which lasted over nine hours, the hospital staff had to remove and reinsert Ms. Tigani’s epidural at approximately 9:15 PM due to incorrect initial placement. Despite Ms. Tigani’s request for a cesarean section after hours of unsuccessful pushing, staff encouraged her to continue. Finally, around 2:15 AM on December 7, Dr. Elias advised that a C-section was necessary, and the procedure began at approximately 2:30 AM.
Injuries
During the cesarean section, Dr. Elias and the Greenwich Hospital staff allegedly used improper surgical techniques and applied excessive force during fetal extraction. This resulted in Ms. Tigani sustaining multiple serious injuries, including a large tear or laceration of her bladder, causing two vesicovaginal fistulas. She also experienced serious avulsive injuries to her vagina and uterus, as well as damage to her ureter. Additionally, Ms. Tigani sustained an injury to her lumbar spine during the labor and delivery process. After these injuries, she developed a Clostridium difficile (C. diff) infection during her aftercare, further complicating her recovery and limiting her ability to care for her newborn.
Damages
Elizabeth Tigani and Julian Tigani sought damages for injuries and losses resulting from alleged medical negligence and medical malpractice. Julian Tigani, as Elizabeth’s husband, sought damages for loss of consortium, claiming he was deprived of the comfort, association, and companionship of his wife. He also suffered severe emotional distress, anguish, and anxiety from witnessing his wife’s physical injuries and her emotional pain and suffering.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Elizabeth Tigani
- Counsel for Plaintiff: David S. Golub | Sean McElligott | Sydney Geer
- Defendant(s): Sara B. Elias | Westchester Medical Group P.C
- Counsel for Defendants: Liam M. West, Esq.| Kevin Budge, Esq.
Key Arguments or Remarks by Counsel
“I am happy that the jury has brought some redress to Ms. Tigani after her horrific ordeal,” partner David Golub of Silver Golub & Teitell said. “The birth of her first child should have been a joyous occasion for Ms. Tigani and her husband. Instead, it was the beginning of a medical nightmare that left her permanently injured,” he added.
“The jury has vindicated Ms. Tigani’s courage and her long fight. The defendants tried to dismiss her injuries, but the jury saw through those efforts,” Mr. McElligott said.
Claims
The plaintiffs alleged that Dr. Elias and Westchester Medical Group failed to comply with the standard of care for board-certified obstetricians. They claimed Dr. Elias unduly prolonged and mismanaged Ms. Tigani’s labor on December 6-7, 2014, particularly during the second stage. The complaint asserted that Dr. Elias failed to provide proper care during the second stage of labor and in performing the cesarean section as required by the circumstances.
The plaintiffs also claimed that Greenwich Hospital, through its staff and policies, was negligent in several ways. They alleged improper administration of oxytocin, mismanagement of the Foley catheter, and failure to adequately monitor and respond to the prolonged labor. The complaint asserted that the hospital staff improperly encouraged continued pushing when a C-section was requested and necessary. Furthermore, it claimed that the hospital staff assisted in the improperly performed cesarean section that resulted in Ms. Tigani’s injuries.
The complaint argued that these acts of negligence directly caused Ms. Tigani’s physical injuries, subsequent complications, and resulting damages. It asserted that the defendants failed to establish, implement, and enforce proper rules, regulations, protocols, and standards of care for obstetrical patients. The plaintiffs claimed that this failure in duty of care led to the mismanagement of Ms. Tigani’s labor and delivery, resulting in severe and lasting consequences.
Defense
In their defense, Dr. Sara Elias and Westchester Medical Group admitted only limited basic facts while denying most substantive allegations in a Medical Malpractice lawsuit. They acknowledged that Dr. Elias provided medical care to Elizabeth Tigani and confirmed her admission to Greenwich Hospital on December 6, 2014. However, they denied all allegations of negligence and improper care, emphasizing that Dr. Elias rendered “appropriate care and treatment” to the plaintiff at unspecified times. The defendants denied all claims regarding injuries, damages, and complications from the cesarean section. They also denied Julian Tigani’s claims for loss of consortium and emotional distress. For some allegations, particularly regarding expenses and emotional distress, the defendants claimed they lacked sufficient knowledge to form a belief about their truth and left the plaintiffs to prove these claims. The defendants chose not to respond to counts directed at Greenwich Hospital, as these did not directly involve them.
Jury Verdict
The jury unanimously found in favor of plaintiff Elizabeth Tigani against defendants Westchester Medical Group, P.C. and Dr. Sara B. Elias. Here is the breakdown of the damages:
Economic Damages:
- Past Economic Damages (excluding Surrogacy): $356,307.88
- Surrogacy Costs: $383,921.03
- Future Economic Damages: $634,583.07
- Total Economic Damages: $1,374,811.98
Non-Economic Damages:
- Past/Future Physical Injuries: $5,000,000
- Past/Future Physical Pain and Suffering: $5,000,000
- Past/Future Loss of Enjoyment of Life’s Physical Activities: $19,000,000
- Total Non-economic Damages: $29,000,000
The jury awarded total damages to her was $30,374,811.98 in a Medical Malpractice lawsuit.
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