Lesley Waite as co-personal representative de son tort of the Estate of Hannah L Waite v Shaikh, Rabia, Medical Doctor

On February 14, 2024, the Florida jury delivered a $30,007,205 verdict in favor of the Plaintiffs in damages in the instant medical malpractice lawsuit.

Case Background

On November 13, 2017, Andrew and Lesley Waite filed a case for medical malpractice and negligence before the Florida, Hillsborough, 13th Judicial Circuit Court. Judge Claudia R. Isom presided over this case. [Case number: 17-CA-010281]

Cause

On Dec. 18, 2014, Hannah Waite, 23, a nursing student, was a patient under the care and supervision of Dr. Rabia Shaikh and Dr. Andrew Daley, employees of Advanced Care Hospitalists PL, at Kindred South, a long-term acute care facility in Tampa. Dr. Shaikh, who had ownership in the hospitalist group, was the more experienced of the two doctors. Waite had transferred to Kindred on December 11 after an extended stay at Tampa General Hospital, seeking to improve her physical condition and nutritional status. She had been prescribed a narcotic for chronic pain related to her pre-existing complex regional pain syndrome.

On December 18, Waite started to experience nausea and vomiting. The hospitalists attributed these symptoms to narcotic gastroparesis, a stomach disorder caused by pain medications. They administered anti-nausea medication, but it did not relieve her symptoms. Two months later, Waite tragically passed away due to a severe erosive ulcer in her duodenum.

Following her death, Waite’s parents, Lesley and Andrew Waite, acting as representatives of her estate, filed a lawsuit against Dr. Shaikh, Dr. Daley, and Advanced Care Hospitalists, alleging negligence in their daughter’s care.

Injury

The doctor’s failure to diagnose Hannah Waite’s severe erosive ulcer led to the untreated progression of her condition, resulting in the perforation of her gastrointestinal tract and ultimately causing her death. As a result, the Plaintiffs endured loss of consortium and significant mental pain and anguish.

Damages

The estate sought judgment against the Defendants and compensation for funeral expenses. They also sought damages for the emotional suffering experienced due to the Defendant’s negligence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff: Andrew Waite and Lesley Waite as co-personal representative de son tort of the Estate of Hannah L Waite
    • Counsel for Plaintiff: C. Steven Yerrid | David Dallas Dickey | Evan C. Gilliam | Ronald Henry Trybus
  • Defendants: Advanced Care Hospitalists, PL | Daley, Andrew C | Shaikh, Rabia
    • Counsel for Defendant: Tyler Edward Batteese | Edwin Paul Gale

Claims

According to the Plaintiff’s counsel, in November 2014, while at Tampa General Hospital, Waite underwent an endoscopy revealing gastric ulcers, severe erosive gastritis, and duodenitis in the duodenal bulb. The counsel argued that the test results indicated a need for a follow-up endoscopy within 60 days. They further asserted that Defendants did not obtain Waite’s discharge summary from Tampa General and failed to order the required repeat endoscopy by January 5.

The estate’s counsel contended that if the repeat endoscopy had been performed as mandated, the erosive condition could have been treated promptly before it caused the duodenum to perforate. They noted that Defendants only discovered the perforation during an autopsy requested by the family after Waite’s death.

Additionally, Plaintiff’s counsel argued that the hospitalists should have broadened their diagnostic approach to consider other potential causes of Waite’s nausea and vomiting beyond narcotic gastroparesis, especially given her previous medical history. They also alleged that the hospitalists did not disclose the findings of the November 2014 endoscopy and the necessity of a follow-up to the consulting gastrointestinal specialist at Kindred, who assisted in diagnosing the gastroparesis.

Defense

The defendants asserted their innocence and denied any wrongdoing. They argued that the hospitalists’ diagnosis was justified, and obtaining the hospital discharge summary, while helpful, was not essential. The defense highlighted that Plaintiff’s counsel did not accuse the gastroenterologist of negligence. Consequently, the defense reasoned that the hospitalists were justified in relying on the gastroenterologist’s assessments regarding the diagnosis.

Moreover, the defense contended that the gastroenterologist should have reviewed the patient’s medical records, including the earlier endoscopy results, before forming conclusions.

Jury Verdict

On February 14, 2024, the Florida jury delivered the verdict in favor of the Plaintiffs. The jury found that Rabbia Shaikh and Andrew C. Dalely had been negligent and such negligence was the legal cause of Hannah Waite’s death. The Florida jury apportioned 70% of negligence to Rabbia Shaikh and 30% to Daley.

The damages awarded were as follows:

  1. Damages of the estate of Hannah Waite: $7,205
  2. Damages of Lesley Waite: $15 million
  3. Damages of Andrew Waite: $15 million

The total amount of damages awarded was $30,007,205.

Court Documents:

Available upon request