Professional Negligence Law Reporter

Verdicts & Settlements: Medicine

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Failure to diagnose, timely treat septic arthritis

March 23, 2021

Henry Dixon, 73, had a history of bilateral knee replacement and gout. When he experienced severe pain and swelling in his right knee, he went to a hospital emergency room, where he underwent an examination and a knee X-ray several hours later. Five hours after his arrival, he was diagnosed as having septic arthritis. He was given antibiotics but died of septic shock the following day. Dixon is survived by his wife and four adult children.

Dixon’s wife, on behalf of his estate and heirs, sued Albert Einstein Medical Center and several related entities, alleging failure to timely diagnose and treat septic arthritis. The plaintiffs asserted that Dixon’s right knee should have been tapped when he presented to the emergency room but this was not performed until his autopsy. The plaintiffs also argued that Dixon required timely broad-spectrum antibiotics in light of his symptoms.

The parties settled for $1 million.

Citation: Dixon v. Albert Einstein Healthcare Network, No. 2019-03878 (Pa. Ct. Com. Pl. Montgomery Cty. Oct. 21, 2020).

Plaintiff counsel: AAJ members Jason S. Weiss, Steven G. Wigrizer, and Mary T. Gidaro, all of Philadelphia.