Bruce Nagel and Barry Packin settled wrongful death action for $1.5 million

By Greg Kohn
Partner
June 1, 2012 – John Fahey, age 42, had been a patient of Sparta Medical Associates for several years when he was seen and examined by a Nurse Practioner in 2007 complaining for the first time of headaches that had started six days prior his appointment. He had also reported having a fever, chills, and joint and muscle pain. Mr. Fahey was concerned about the headaches he was experiencing as his mother had died of a ruptured cerebral aneurysm. According to Mrs. Fahey’s deposition testimony, Mr. Fahey had informed the Nurse of his mother’s aneurysm on the date of his office visit. After completing her examination, the Nurse Practitioner’s diagnosis was viral syndrome. She did not perform a neurological exam despite Mr. Fahey’s mother’s medical history of a cerebral aneurysm. She did order several blood tests and prescribed antibiotics and pain medication for Mr. Fahey’s headaches. Mr. Fahey continued to suffer with headaches which were somewhat relieved by the pain medication he had been prescribed by the Nurse Practitioner. Approximately two weeks following his appointment with the Nurse Practitioner, Mr. Fahey collapsed and was found unresponsive at work. Mr. Fahey was transported to University of Medicine and Dentistry of New Jersey. Upon his arrival at UMDNJ a CT scan of the brain showed a subarachnoid hemorrhage with a large intracerebral hematoma. Mr. Fahey was in a coma. Additional diagnostic tests showed that Mr. Fahey had a complex aneurysm which had ruptured causing the subarachnoid hemorrhage. Aggressive medical treatment was instituted; however Mr. Fahey never recovered and died approximately three and a half months later.

Mr. Fahey was the father of three young boys.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.