Professional Negligence Law Reporter

Albert Urso, 74, went to UPMC St. Margaret’s Hospital ER, complaining of mid-scapular back pain. A chest X-ray revealed a possible mass, and Urso was subsequently admitted to the hospital. A cardiologist diagnosed a likely myocardial infarction, and a radiologist interpreted a CT scan as showing an infection or pulmonary edema. The cardiologist ordered Urso’s transfer to another hospital, where he placed two stents and noted pleural fluid collection. The cardiologist then discharged Urso.

Once home, Urso’s symptoms continued. Hospital personnel advised his family that his complaints were normal in light of the procedure he had just undergone. The next day, Urso became severely short of breath and hypotensive. He was rushed to the hospital, where he was diagnosed as having septic shock and respiratory failure. His condition deteriorated, and he died the next day. He is survived by his three adult children.

Urso’s estate sued UPMC for his wrongful death. Among other things, the plaintiff asserted that the defendant failed to properly care for Urso’s infectious and pulmonary conditions or recognize that he was suffering from pneumonia or pneumonitis.

The parties settled for $237,500.

Citation: Urso v. UPMC d/b/a UPMC Health Sys., No. GD 19-1808 (Pa. Ct. Com. Pl. Allegheny Cnty. Feb. 28, 2024).

Plaintiff counsel: Michael A. Murphy, John D. Perkosky, and AAJ member Benjamin J. Gobel, all of Pittsburgh.