FL Defense Verdict: Surgeon Cleared in Bypass Death Suit
Table of Contents
Case Background
This medical malpractice case centered on the tragic death of Paul W. Tyson following complications during heart surgery. Louise Tyson, acting as the personal representative of her husband's estate, filed suit against several medical professionals and entities involved in his care. The legal action focused on the management of life-support equipment during an elective procedure in 2018, which the Plaintiff claimed led to a massive stroke and Mr. Tyson's eventual death in early 2019.
Cause
On June 15, 2018, Paul Tyson checked into St. Vincent's Medical Center for elective surgery to replace his aortic valve and receive a coronary artery bypass graft. The procedure took place three days later, on June 18. The operation required a cardiopulmonary bypass (CPB) system, a machine designed to temporarily function as the patient's heart and lungs.
According to the complaint, the surgical team made the initial incision at 8:22 a.m. and administered a dose of anti-coagulant medication at 8:50 a.m.. However, a critical delay occurred, and the team did not open the bypass system to the patient until approximately 9:50 a.m.. The Plaintiff alleged that during this one-hour gap, the medical staff failed to perform Activated Clotting Time (ACT) tests or administer additional anti-coagulants to prevent blood from clotting. When the team finally opened the catheter line, the system "jammed" due to high pressure caused by a complete buildup of clots in the cannula connecting the machine to Mr. Tyson's aortic artery.
Injury
The blockage in the CPB system forced blood clots into Paul Tyson's circulatory system when the machine was activated. These clots traveled to his brain, resulting in a massive stroke and catastrophic brain damage. Mr. Tyson survived the initial event but never recovered; he was discharged to home hospice care and died on February 16, 2019.
Damages Sought
Louise Tyson sought compensation for the loss of her husband’s companionship and protection, as well as for her own mental pain and suffering. The lawsuit also included claims on behalf of their four adult children—Michael, Debbie, Bonnie, and Carrie—for the loss of parental support and services. Additionally, the estate sought recovery for Paul Tyson's lost earnings, the loss of prospective net accumulations to his estate, and medical and funeral expenses. The complaint specified damages in excess of $30,000.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Louise Tyson (Personal Representative of the Estate of Paul W. Tyson)
· Counsel for Plaintiff: William H. Ogle, Esq. | Parama K. Liberman, Esq | Michael R. Kirby | Courtney Rebecca Brewer | Kyle William Mason
· Experts for Plaintiff: Amelia Fiastro | Robert Alan Ertner | Richard K. Freeman
Defendant: Jack John Messina, M.D | Amelia Fiastro, M.D | North Florida Anesthesia Consultants, Inc | Dale Feldman, CCP | Cardiothoracic | Vascular Surgical Associates, P.A | St. Vincent's Medical Center, Inc.
· Counsel for Defendant: Davis Love, Esq. | Brian M. Pederson, Esq | Brian T. Bellavia, Esq | Quintairos, Prieto | J. Brent Allen, Esq. | William E. Kuntz, Esq, | Ashley Martell Fromm | Andrew Henry Sauer
· Experts for Defendants: Amelia Fiastro | Jack John Messina | Dale Feldman | Susmitha Vaka | Suprith Badarinath | Naimisha Dodani | Roger G. Carrillo | Bruce Jason Leavitt | Alfred H. Stammers | Joseph S. Savino
Claims
The Plaintiff filed multiple counts of negligence against the various providers.
Anesthesiology Negligence: The complaint alleged that Dr. Amelia Fiastro violated the standard of care by failing to monitor anti-coagulant levels and perform ACT tests during the hour between the initial dose and the start of the bypass.
Perfusionist Negligence: Claims against Dale Feldman, the perfusionist, asserted that he allowed blood from the CPB system to enter the patient without first verifying therapeutic anti-coagulation levels, directly causing the clot injection.
Surgeon Negligence: The Plaintiff argued that Dr. Jack John Messina, as the lead surgeon, held ultimate responsibility for the operating room. The suit claimed he failed to confirm that clotting studies were performed and that medication levels were safe before authorizing the use of the bypass machine.
Hospital Liability: St. Vincent's Medical Center faced claims regarding the "dangerous instrumentality" of the bypass system and a breach of its non-delegable duty to manage the equipment safely.
Defense
Dale Feldman responded to the complaint by denying any breach of the standard of care. His defense raised affirmative defenses, arguing that any injuries sustained by the Plaintiff resulted from the acts or omissions of other parties over whom he had no control. He also asserted a right to a set-off for any payments the Plaintiff received from collateral sources, such as insurance. The defense reserved the right to place other Defendants on the verdict form to apportion fault. While Dr. Messina's specific answer was not detailed in the provided text, the verdict form indicates he contested the claim that his negligence caused the injury.
Jury Verdict
The trial concluded on November 17, 2025, in the Circuit Court for Duval County, Florida. The jury returned a verdict specifically addressing the liability of Dr. Jack John Messina.
Finding of No Negligence The verdict form posed a single liability question: "Was there negligence on the part of Jack John Messina, M.D. that was a legal cause of loss, damage, or injury to Paul W. Tyson?". The jury checked "NO".
Conclusion Following the instruction on the verdict form, the jury did not proceed to answer questions regarding damages for medical expenses, pain and suffering, or loss of support. The foreperson signed the verdict form, cementing a victory for the defense.
Court documents are available upon request at jurimatic@exlitem.com