Milton C. Thomas, II, Executor of the Estate of Judy Thomas vs. William T. Schmidt, M.D.

Case Background

On July 7, 2021, Plaintiff  Milton C. Thomas, II filed a medical malpractice lawsuit in the Connecticut Superior Court, Stamford Judicial District (Case number: FST-CV21-6052566-S). Judge Edward Krumeich presided over this case.

Cause

Judy Thomas underwent elective right total hip replacement surgery on July 15, 2019, to treat osteoarthritis. Dr. William T. Schmidt performed the procedure at Greenwich Hospital. She was discharged on July 17, 2019, with postoperative instructions. These included physical therapy, aspirin to prevent blood clots, and a follow-up appointment in two weeks.

During a follow-up call on July 17, 2019, Judy Thomas reported discomfort. However, she noted good mobility and confirmed that she was taking aspirin, though in a different dosage than prescribed. She also complained that her TED stockings were uncomfortable.

On July 18, 2019, she contacted Dr. Schmidt’s office and reported increased pain and swelling in her right leg. Despite these concerns, she did not receive an immediate medical evaluation. On July 22, 2019, she told a friend that she had spoken to her doctor. He advised her to wait until her scheduled follow-up. Her condition worsened over the next few days.

On July 27, 2019, she was admitted to Stamford Hospital in critical condition. She remained hospitalized until July 31, 2019, when she passed away. The cause of death was a massive bilateral pulmonary embolism, a left parietal lobe embolic infarct, and a severe brain hemorrhage.

Injuries

The medical malpractice lawsuit alleged that Dr. William T. Schmidt and Orthopaedic Associates of Stamford (now The Westchester Medical Group) failed to recognize and address her worsening condition. The wrongful death claim argued that Dr. Schmidt failed to diagnose and treat deep vein thrombosis (DVT), which later caused fatal pulmonary emboli.

The lawsuit stated that the doctor’s negligence led to a preventable medical condition turning fatal. By not responding to her complaints of swelling and pain, he committed a critical error in her hip surgery aftercare. His failure to take appropriate action allowed a treatable issue to escalate into a life-threatening emergency.

Damages

Judy Thomas suffered unnecessary pain and distress before her death. Her family endured emotional and financial hardships. These included medical expenses from her final hospitalization and funeral costs.

Her husband, Milton C. Thomas, II, filed a loss of consortium claim. He argued that his wife’s wrongful death deprived him of her companionship and support. The personal injury case emphasized the devastating consequences of doctor negligence and inadequate postoperative care in hip surgery cases.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Milton C. Thomas, II, Executor of the Estate of Judy Thomas | Milton C. Thomas, II, Individually
    • Counsel for Plaintiff: Steven J. Errante | Marisa A. Bellair
  • Defendant(s): William T. Schmidt, M.D. | Orthopaedic Associates of Stamford, LLC, now known as The Westchester Medical Group, P.C., doing business as WestMed Medical Group
    • Counsel for Defendants: Julia K. Steere

 Claims

The estate of Judy Thomas sought damages for medical expenses, pain and suffering, and wrongful death under Connecticut General Statutes § 52-555. The lawsuit demanded accountability for medical malpractice in hip surgery. It also highlighted the need for doctors to take patient complaints seriously.

Milton C. Thomas, II, pursued compensation for loss of spousal consortium. He claimed that Dr. Schmidt’s negligence robbed him of his wife’s companionship and emotional support. The case underscored the severe impact of medical malpractice in personal injury lawsuits.

Defense

On August 23, 2021, The Westchester Medical Group, P.C. (d/b/a Westmed Medical Group) filed a response to the allegations. They stated that Counts One through Four were not directed at them and provided no response.

For Count Five, they admitted that Dr. William T. Schmidt was their employee and that care was provided at certain times. However, they denied all allegations of negligence. In response to several claims, they stated they lacked sufficient knowledge to confirm or deny the plaintiff’s allegations. These included details about Judy Thomas’s medical history and the damages claimed by her estate.

For Count Six, they repeated their previous responses from Count Five. They also maintained that they lacked knowledge regarding additional damage claims, leaving the burden of proof on the plaintiff. Julia K. Steere of Ryan Ryan Deluca LLP in Bridgeport, Connecticut, represented the defense.

Jury Verdict

On January 22, 2025, the jury ruled in favor of the defendant. After reviewing the evidence and testimony, they determined that the plaintiff failed to prove medical malpractice in Judy Thomas’s hip surgery case.

Court Documents:

Complaint

Answer

Jury Verdict