$15M jury verdict after radiologist improperly places catheter, leading to patient death

A Georgia jury recently awarded a $15 million malpractice payout stemming from an interventional radiologist’s alleged improper care eight years ago.

Fulton County jurors reached the decision on Aug. 4, ruling in favor of widow Myung Ja Oh and her daughter, Susan. The case dates to April 2018 when retired 77-year-old Army veteran Byung "Ben" Oh visited WellStar's Atlanta Medical Center after falling off a ladder while doing yard work and injuring his back. 

He underwent spine surgery and developed a chyle leak—a rare but serious condition where damage to lymphatic vessels allows the milky white bodily fluid to spill into nearby tissue. Radiologist Barry Jeffries, MD, allegedly improperly placed a suprapubic catheter outside of his bladder, worsening the chyle leak, according to Bell Law Firm, which represented the family. 

The incorrect draining continued for 11 days, purportedly emptying 87 liters of chylous fluid from his body. Oh eventually developed septic shock and multiorgan failure, dying in July 2018. 

"Ben entered the hospital with a back injury, but after surgery his condition continued to deteriorate as critical warning signs went unrecognized and his care was not properly coordinated," Lloyd Bell, lead trial attorney for the Oh family, said in a statement shared Aug. 13. "His family endured an unimaginable loss. This verdict holds the responsible providers accountable and recognizes the profound impact of what happened to Ben and his family."

Jeffries worked for Lawrenceville, Georgia-based Diagnostic Imaging Specialists at the time of the incident, which was contracted by Wellstar. The hospital system shared a statement in response to the ruling. The radiologist could not immediately be reached for comment Thursday. 

“We believe every person should receive the highest quality of clinical care and patient experience, every time,” Matthew O’Connor, Wellstar’s executive director of public relations, told Radiology Business. “Our internal investigation found that the care team followed the appropriate protocols and correctly implemented the prescribed procedures when this medically complicated case occurred in 2018. We were saddened to learn of the passing of the patient after he left our care, and we continue to extend our condolences to his family.”

More on the incident

Plaintiff attorneys charged that surgeon Amy Wyrzykowski, MD, failed to adequately investigate the nature and cause of the ongoing fluid loss, nor did she ensure it was properly addressed. 

In the original complaint, attorneys charged that the radiologist either did not perform or didn’t record contrast imaging to assist in placing the catheter. He purportedly only recorded two images—X-rays that could not confirm the placement of the catheter.

A subsequent pelvic CT scan with contrast showed the suprapubic catheter had been placed superior to the bladder and not in it. The misplaced catheter further put Oh at risk of immune-suppression and increased his vulnerability to infection, attorneys charged. They also contend that providers failed to properly investigate the catheter mistake and spot it in a timely fashion. 

The verdict places Dr. Wyrzykowski and Wellstar Medical Group 67.5% at fault for Oh’s injuries and death. Radiologist D. Jeffries and Diagnostic Imaging Specialists were held responsible for the remaining 32.5%. The jury awarded $13 million for the full value of Oh’s life and $2 million for his conscious pain and suffering, according to Bell Law. 

"After eight years, this verdict gives the Oh family a measure of accountability for what happened to Ben," Bell said in the announcement. "No verdict can undo their loss, but the jury's decision makes clear that patients deserve coordinated, attentive care when their condition is deteriorating and that warning signs demand action."