The family of an Athens, Ohio man has filed a medical malpractice lawsuit alleging that physicians and medical groups failed to properly diagnose and treat the man’s flesh-eating bacterial infection.
The lawsuit asserts that Michael R. Gillen sought medical care at Holzer Clinic of Athens on April 15, 2016, complaining of fever, body aches, congestion, chills, a cough and a headache. The complaint alleges that he was prescribed Tamiflu and that he was released from the clinic.
Nevertheless, according the lawsuit’s allegations, his symptoms worsened and he then went to the OhioHealth O’Bleness Hospital Emergency Department for treatment. There, Gillen complained of right lower-leg pain and swelling, an accelerated heart rate and flu-like symptoms. He was sent home but directed to report for an ultrasound the next day.
Gillen’s family asserts that his leg pain increased and he returned to the OhioHealth O’Bleness Hospital Emergency Department by ambulance early the next morning. He was admitted at that time and given painkillers, but his family claims their requests for administration of antibiotics were repeatedly denied.
The suit states that, once hospitalized, Gillen suffered several cardiac arrests caused by sepsis. After 14 hours, he was given antibiotics and eventually transferred to the Ohio State University Wexner Medical Center where he was diagnosed with necrotizing fasciitis in his right leg. Necrotizing fasciitis is otherwise known as flesh-eating bacteria. Gillen’s right leg was amputated, but the infection was too advanced to save his life.
Gillen passed away on April 20, 2016, at the Ohio State University Medical Center.
The lawsuit charges that the defendants committed medical malpractice by breaching appropriate standards of care in failing to properly diagnose Gillen’s condition causing him to suffer mental and physical pain prior to his wrongful death. The suit seeks compensatory and punitive damages, attorney fees and court costs. It also claims that Gillen’s wife and children continue to suffer mental anguish and grief.
Two separate answers to the suit have been filed in court. An answer filed by OhioHealth O’Bleness, an emergency physician and Athens Medical Associates denies certain claims in the complaint and asserts 10 defenses. These defenses include allegations that there were injuries and damages caused by third parties, that the case is time-barred, that Gillen’s own negligence was greater, if any, than the defendant’s negligence and that necessary parties have not been joined.
A second answer has been filed by an emergency physician, a nurse and the Southern Ohio Emergency Physicians group. This answer also denies several of the allegations made in the complaint and sets forth various affirmative defenses.
Necrotizing fasciitis, the disease allegedly suffered by Gillen, is rare, but about 25% of people who contract it die from it. Risk of getting such an infection is higher if a person has a weak immune system, diabetes, cancer, liver disease or kidney disease. Risk for the condition is also heightened for one who has skin cuts or recent viral infections. Use of steroid medicines can also lower resistance to infection.
The disease is caused by several kinds of bacteria and occurs when bacteria enter a wound in various ways. The illness can come about when wounds encounter seawater or certain raw seafood. Bacteria causing the condition can also be passed from close contact with another person. Additionally, it can be acquired through a muscle strain or a bruise even where there is no break in the skin.
The symptoms of Necrotizing fasciitis can include pain that gets better over one to two days but then suddenly gets worse. Other symptoms can include red or swollen skin, fever, chills, vomiting, nausea and diarrhea. The disease can lead to organ failure and death.