Lawsuit Over Failure to Prevent Fatal Heart Attack Results in $3.74M Award

A medical malpractice lawsuit filed over a fatal heart attack suffered by a Massachusetts, which was allegedly caused by his doctor’s failure to diagnose and properly treat reports of chest pains, has resulted in a $3.74 million jury award. 

The complaint was brought by the family of Robby Lee Ward, who died in 2006 after suffering a heart attack. The defendant in the case was Dr. Peter J. Demartino, Ward’s primary care physician at Acton Medical Associates.

According to allegations raised by the family, the 59 year-old Ward complained of chest pains and was taken by ambulance to Mount Auburn Hospital, where staff failed to diagnose him as suffering a heart attack and released him in February 2006. Afterward, Ward went to see Dr. Demartino, who took him off an aspirin regimen.

Did You Know?

AT&T Data Breach Impacts Millions of Customers

More than 73 million customers of AT&T may have had their names, addresses, phone numbers, Social Security numbers and other information released on the dark web due to a massive AT&T data breach. Lawsuits are being pursued to obtain financial compensation.

Learn More

Aspirin is regularly prescribed to patients at risk of suffering a heart attack, because of its use as a blood thinner. Not only did Dr. Demartino tell Ward to stop taking aspirin, despite its prophylactic benefits, but he also did not recommend that he see a cardiologist, despite signs that he was suffering some sort of heart problem.

Ward died in June 2006, and an autopsy revealed he had coronary heart disease and had previously suffered heart damage.

Late last month, a jury in Middlesex County Superior Court in Massachusetts determined that Dr. Demartino was negligent in the medical care provided to Ward. Another employee of Acton Medical Associates was cleared by the same jury.

The jury awarded $3.74 million in damages. However, because the case was filed in 2007, the Boston Business Journal reports that final payment to th family could be as much as $5.8 million.

Image Credit: |


Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Johnson & Johnson Faces Medical Monitoring Lawsuit Over Future Baby Powder Cancer Risks
Johnson & Johnson Faces Medical Monitoring Lawsuit Over Future Baby Powder Cancer Risks (Posted yesterday)

Women who used Johnson's Baby Powder around their genitals for feminine hygiene purposes now live in fear of developing ovarian cancer, according to the class action lawsuit seeking medical monitoring for future diagnoses

More Than 9,600 Join Suboxone Lawsuit Over Tooth Decay in MDL Filing
More Than 9,600 Join Suboxone Lawsuit Over Tooth Decay in MDL Filing (Posted 2 days ago)

A bundled complaint of about 9,600 Suboxone lawsuits were filed in federal court on Friday, ahead of the two-year anniversary of the FDA requiring tooth decay label warnings on the opioid treatment film strips, which is also a deadline for filing a civil complaint in many states.