FAHERTY v. GRACIAS


874 A.2d 1239 (2005)

Susan M. FAHERTY, Administratrix of the Estate of Michael R. Faherty, Deceased, and Susan M. Faherty, in Her Own Right v. Vincente GRACIAS, M.D., Trustee of the University of Pennsylvania, Michael B. Shapiro, M.D., William S. Hoff, M.D., Michael Rotondo, M.D., Rajesh Ghandi, M.D., Scott Kelly, M.D., Heidi Frankel, M.D., Donald Kauder, M.D., Rajan Gupta, M.D. and Paul Dabrowski, M.D., Appellees. Appeal of: Susan M. Faherty.

Superior Court of Pennsylvania.

Filed May 12, 2005.


Attorney(s) appearing for the Case

Daniel J. Hetznecker, Philadelphia, for appellant.

Charles A. Fitzpatrick III, Philadelphia, for appellees.

Before: GANTMAN, PANELLA, and OLSZEWSKI, JJ.


OLSZEWSKI, J.:

¶ 1 In this medical malpractice case, plaintiffs sued Dr. Vicente Gracias and the trauma nurses of the Hospital of the University of Pennsylvania. According to plaintiffs, a retained laparotomy sponge caused Michael Faherty to suffer a bacterial infection which then led to Mr. Faherty's sepsis, multiple organ failure, and subsequently, his death. A jury, however, found that neither the nurses nor Dr. Gracias was negligent. Mr. Faherty's wife has...

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