Newman v. Brown: Defense Wins Wrongful Death Suit
Table of Contents
Case Background
Rebecca Newman, acting as the Temporary Administrator of the Estate of Margaret M. Derderian, along with Arthur Derderian, Sr., initiated a medical malpractice and wrongful death lawsuit in the Superior Court of Connecticut, Judicial District of New Britain. The complaint, dated October 31, 2022, named Dr. Matthew G. Brown, Dr. Anne Lally, and Starling Physicians, P.C. as Defendants. The case arose from the medical treatment and subsequent death of 85-year-old Margaret Derderian in November 2020.
Margaret Derderian suffered from end-stage renal disease and required hemodialysis access. On September 11, 2020, she presented to Dr. Anne Lally for the placement of an arteriovenous fistula. By November 2, 2020, Dr. Lally noted that the fistula had failed to mature properly and referred Derderian to Dr. Matthew Brown for further evaluation and treatment. Derderian, described as a frail elderly woman with multiple medical issues and on dual anti-platelet therapy, underwent a fistulogram performed by Dr. Brown on November 4, 2020.
Cause
The Plaintiffs alleged that the Defendants failed to meet the standard of care during and after the fistulogram procedure. Specifically, Dr. Brown noted during the procedure that Derderian had a "very fragile vein/fistula" and that a large hematoma formed immediately upon removal of the sheath. Despite these complications and findings of a complete occlusion of the fistula, Dr. Brown discharged Derderian home on the same day without further observation or an overnight stay. The Plaintiffs claimed the Defendants failed to provide adequate discharge instructions or a follow-up plan, merely advising the family to alternate heat and ice on the site.
The situation deteriorated on November 6, 2020, when Derderian complained of increasing pain. Her daughter, Rebecca Newman, attempted to contact Dr. Lally regarding her mother's condition but received no return call. Early the next morning, on November 7, 2020, Arthur Derderian found his wife covered in blood. Emergency responders pronounced her dead at the scene due to massive hemorrhage from the fistula site.
Injury
The primary injury cited was the death of Margaret Derderian caused by exsanguination from the fistula site. The Plaintiffs detailed the physical pain and shock to the nervous system she suffered prior to her death. Additionally, Arthur Derderian, Sr. claimed loss of consortium, stating he was deprived of the companionship and society of his wife due to the Defendants' alleged negligence.
Damages Sought
The Plaintiffs sought monetary damages for the wrongful death of Margaret Derderian, including compensation for her pain and suffering, loss of life, and loss of enjoyment of life's activities. They also sought damages for Arthur Derderian's loss of consortium claim. The complaint requested relief in excess of fifteen thousand dollars, exclusive of costs and interest.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Rebecca Newman (Temp. Admin.) | Arthur Derderian, Sr.
· Counsel for Plaintiff(s): Patrick Tomasiewicz
· Experts for Plaintiff(s): Amy Catherine Dwyer | Matthew Cooper | Payam Salehi
Defendant(s): Matthew G. Brown | Anne Lally | Starling Physicians
· Counsel for Defendant(s): Rebecca N. Brindley
· Experts for Defendant(s): Peter Hart Connolly | Matthew Brown | Amanda Pippen | Marybeth King | Scott J. Gilbert
Claims
The complaint outlined eight counts against the Defendants.
Medical Negligence: The Plaintiffs alleged Dr. Brown deviated from the standard of care by failing to recognize the hemorrhage risk, failing to create a follow-up plan, not communicating with the dialysis unit, and discharging the patient without observation. They similarly accused Dr. Lally of negligence for failing to return the emergency phone call on November 6 and failing to provide a monitored emergency contact number. Starling Physicians was accused of institutional negligence regarding follow-up protocols and communication.
Wrongful Death: Separate counts were brought against Dr. Brown, Dr. Lally, and Starling Physicians under Connecticut General Statutes §52-555 for causing the death of the decedent.
Respondeat Superior: The Plaintiffs asserted that Starling Physicians was vicariously liable for the actions of its employees, Dr. Brown and Dr. Lally.
Loss of Consortium: Arthur Derderian claimed damages for the loss of his wife's companionship.
Defense
The Defendants filed an answer on March 2, 2023, largely denying the allegations of negligence. They admitted basic facts regarding their professional statuses and the medical timeline but denied any deviation from the standard of care. Specifically, they denied the allegations that they failed to recognize risks or provide appropriate follow-up. They argued that the medical records, while noting a fragile vein and hematoma, did not support the Plaintiffs' characterization of negligence. The defense maintained that their treatment decisions, including the discharge plan, were appropriate under the circumstances.
Jury Verdict
The case proceeded to trial in the Superior Court at New Britain. On November 24, 2025, the jury returned a verdict.
Verdict The jury found in favor of the Defendants: Matthew G. Brown, M.D., Anne Lally, M.D., and Starling Physicians, P.C. By their verdict, the jury determined that the Plaintiffs had not proven their claims of medical negligence and wrongful death against the medical providers. The foreperson signed the Defendants' verdict form on November 5, 2025, and the Court accepted and recorded the verdict on November 25, 2025.
This outcome meant that the Plaintiffs recovered no monetary damages from the Defendants for the death of Margaret Derderian or the loss of consortium claim by her husband. The jury effectively concluded that the medical care provided by Dr. Brown, Dr. Lally, and Starling Physicians met the applicable professional standards despite the tragic outcome.