Persinger, et al. v. Unity Point Clinics

Summary

The family of Donna Burton sued Iowa Methodist Medical Center, her surgeon and an emergency room physician after her death at the age of 79 following routine hernia repair surgery in the fall of 2020. The family accuses Dr. Qasim Chaudhry, who performed the operation, of not coming to the emergency room for an in-person evaluation when she returned to the hospital six days later with complications. Burton’s relatives also claim hospital staff allowed her to choke to death after aspirating due to a DNR order that her attorney Nick Rowley of Trial Lawyers for Justice said didn’t meet key legal requirements.

Rowley and co-counsel Courtney Rowley asked the Polk County jury to award up to $75 million in damages, but attorneys for the hospital and surgeon maintain they properly diagnosed and treated Burton’s post-operative complications, and that her healthcare providers were legally bound by a DNR order they argue was valid and prevented them from either intubating her performing CPR after she aspirated.

Outcome

Settled