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Jury gives $9M

Butler couple filed lawsuit against BMH

A Butler man and his wife who in 2013 filed a civil suit against Butler Memorial Hospital alleging negligence were awarded nearly $9 million in damages, lost wages and future medical expenses by a jury on Thursday.

One of the attorneys in the case called the award the largest in county history.

The award to Beverly Wogan and her husband, Todd, totaled $8.78 million and came after Todd Wogan, a 47-year-old print shop foreman for Trib Total Media in 2012, was admitted that January to Butler Memorial Hospital for a surgical procedure to repair an abnormal connection between his colon and urinary bladder.

That procedure was performed at Butler Memorial Hospital on Jan. 25, 2012, by Dr. Victor Nieto, according to the Wogans’ lawsuit. Nieto and another doctor, Maciej Kedzierski, were both initially named as defendants in the lawsuit, according to court documents. But it appears that at some point Kedzierski was removed as a defendant. Nieto was ultimately found not liable, according to a jury slip filed Thursday with the Butler County Prothonotary’s Office.

According to the Wogans’ court filing, Todd Wogan’s procedure that day was successful, but also resulted in an injury to his small bowel — the portion of the gastrointestinal tract between the stomach and large intestine where most digestion and absorption of food takes place.

Wogan was ultimately discharged from BMH on Jan. 30, 2012, the lawsuit says, and for the next two months was in and out of Nieto’s office as well as BMH’s emergency room complaining of various symptoms, undergoing various tests and being prescribed various treatments. That culminated on March 22 with Wogan visiting the BMH emergency room complaining of severe pain. Nieto subsequently discovered an abdominal infection and performed a second surgery the following day, according to the lawsuit.

A day later on March 24 Wogan, at the insistence of his wife, was transferred to Allegheny General Hospital in Pittsburgh, where doctors would eventually perform seven different operations to clean and repair parts of his abdominal cavity that were either damaged or infected.

As a result of prolonged septic shock Wogan suffered throughout the ordeal, his body partially shut down circulation to his legs and arms, the lawsuit claims. Doctors at AGH ultimately amputated both of Wogan’s feet at mid-calf as well as parts of fingers on his left hand, according to court documents.

Attorney John Caputo, who along with attorney Elizabeth Jenkins represented the Wogans in the case, called the jury verdict “by far the largest verdict in Butler County history.”

A listed phone number for the Wogans came back as disconnected Friday afternoon.

Butler Health System did not return a message left seeking comment, and counsel for the hospital was not listed in court documents.

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