Snowbird couple sues radiologist, claiming he missed signs of an impending stroke

A couple is suing a New England radiologist, claiming he missed signs of an impending stroke. 

Jeffrey and Kim Sayward and their attorneys officially filed the malpractice complaint on Friday in a U.S. District Court in Maine. They allege that radiologist Eric J. Sax, MD, MBA, FACR, working for MaineHealth Hospital in Biddeford at the time, failed to identify a dangerous blood clot during an incident three years ago.

Plaintiff attorneys contend the clot “was at risk of dislodging and blocking the blood supply to the patient’s brain,” posing imminent danger to the man. 

“As a result of the radiologist’s negligent misread of the imaging, the 63-year-old man was discharged from the hospital and, nine hours later, the untreated blood clot dislodged and progressed into a devastating stroke that left him with permanent injury,” the May 15 complaint states. 

Along with MaineHealth, attorneys also name Spectrum Healthcare Partners, a Portland-based medical practice that provides imaging interpretations to hospitals across Maine, as a co-defendant. Attorneys charge that Dr. Sax was working for the practice at the time, noting he currently resides in Massachusetts. 

The Saywards, meanwhile, identify as “snowbirds,” who travel up from Florida to spend their summers in Maine. On the morning of May 29, 2023, Mr. Sayward was visiting the state when he experienced an episode of syncope. An ambulance transported him to the emergency department at MaineHealth, with the facility then known as Southern Maine Health Care (it’s now called MaineHealth Maine Medical Center Biddeford).

Mr. Sayward arrived at the ED a little after 10 a.m. and his acuity level was assessed as “emergent.” An emergency medicine attending ordered a CT angiogram of the head and neck, pursuant to stroke protocol, to evaluate for life-threatening pathology. Imaging was obtained between 11:20 and 11:34 a.m., and Dr. Sax purportedly electronically signed his final report at 11:48 a.m. Attorneys charge he failed to highlight a key abnormality in CTA imaging, allegedly showing high-grade stenosis, consistent with the appearance of a clot. 

“This was a critical finding that a competent radiologist was compelled to detect, document in his report, and immediately communicate to the emergency room providers,” the lawsuit charges. “Dr. Sax did not do so. Dr. Sax’s report incorrectly stated that the left vertebral artery was ‘without evidence of stenosis.’”

The hospital discharged Sayward around 12:57 p.m., telling him he likely was lightheaded due to dehydration from golfing in the sun the day before. However, around 7 p.m., he suddenly felt weak and unwell. The couple called 911, with paramedics transporting him to MaineHealth’s Level 1 trauma center in Portland, due to his dangerous symptoms. Further CTA imaging showed he had, in fact, suffered a stroke. Comparisons against the day’s earlier imaging allegedly showed that Dr. Sax had missed a clot in the left vertebral artery, which was at risk of becoming dislodged. 

Injuries from the incident were “devastating,” attorneys claim in the complaint. Mr. Sayward remained hospitalized for a week and subsequently required a “lengthy” inpatient rehab stint. Despite “extensive” physical and occupational therapy, he still suffers permanent impairment. Elements of his alleged damages include “extraordinary medical expenses,” pain and suffering, “loss of enjoyment of life,” and permanent injury and impairment. The couple is seeking unspecified damages in excess of $75,000, with the final tally likely much larger.

The Portland Press Herald first reported news of the lawsuit late Tuesday. Dr. Sax did not respond on May 19 to a request for comment from the newspaper. However, a representative for Tufts Medical Center, in Boston, confirmed the radiologist works there (as director of thoracic imaging, according to social media). Neither Spectrum Healthcare Partners nor Maine Health responded to the Herald’s requests for comment.

Elizabeth Kayatta, an attorney representing the Saywards, noted that the lawsuit is one of the first known medical malpractice cases filed in Maine’s federal court following a recent landmark Supreme Court decision in January. In the case, the court ruled that a federal lawsuit in Delaware could proceed. This despite it not meeting procedural requirements for malpractice cases under Delaware’s rules for state courts, according to the newspaper.

Kayatta is hopeful the case will help set a precedent in Maine—a state that requires strict screening before filing malpractice suits in state superior courts. She believes a win against the radiologist could lead to “greater transparency and public awareness” around medical errors. 

“The Maine Health Security Act really shrouds in secrecy the vast majority of medical malpractice cases that are happening in Maine,” Kayatta said, according to the Portland Press Herald.