A Brandon single mom suffered a stroke two days after emergency room visit for severe headache.
BRANDON — Chiaka Stewart’s headache was so painful that emergency responders rushed her to a Brandon free-standing emergency room run by Tampa General Hospital.
She told the nurse in July 2021 her pain was the worst she’d ever known and that she had just gone back on birth control, a risk factor for blood clots.
Stewart, 41, was also at a higher risk because she was overweight and had diabetes. But no one at the free-standing emergency room ordered a CT scan, which would have shown the presence of a blood clot, said her attorney, Adam Hecht.
Instead, she had blood work and a COVID-19 test and was discharged four hours later with headache medication.
Two days later, the Brandon resident suffered a stroke and was rushed to Tampa General’s main hospital, where imaging revealed extensive blood clots in her brain, court records show.
It was too late to prevent permanent brain damage. Stewart will live the rest of her life mostly blind, with some paralysis on her left side. A single mom with two kids, she also now has problems memorizing and concentrating and suffers from a severe stammer. She is unlikely to ever be able to work again.
After a two-week civil trial in Tampa, a jury on Thursday awarded Stewart $70.8 million in damages for the emergency department’s failure to spot and treat her life-threatening injury.
But Stewart may only receive a fraction of that money since she is on Medicaid. A Florida law limits noneconomic damages in medical malpractice cases when the injured party is a Medicaid recipient to $200,000. Whether this will apply to her case will likely hinge on a future hearing.
The lawsuit, filed in August 2023, named Tampa General, InPhyNet Contracting Services, and their agency nurse, Heather Anderson, an advanced practice registered nurse, as defendants. The jury found Anderson negligent in her treatment of Stewart and that she was acting as an agent of Tampa General.
“(Stewart) had all these risk factors,” Hecht said in an interview with the Tampa Bay Times. “The nurse, for some reason, just treated her like this was someone who came in and said, ‘I always have a bunch of headaches.’”
Tampa General staff declined to answer questions about whether it will be appealing the jury’s decision in appellate court and what percentage of the damages the hospital would be required to pay.
“The health and safety of our patients is our top priority. Federal law (HIPAA) prevents the disclosure of patient data and information,” a statement provided by the hospital said. “In compliance with the law and as part of our commitment to patient privacy and protection, we are not able to speak to the circumstances of this case.”
The hospital referred questions about the case to InPhyNet’s parent company, TeamHealth, which has partnerships with more than 2,400 acute care hospitals and clinics. Company officials said they plan to appeal the decision but declined to comment further, citing ongoing litigation.
“Our hearts go out to the patient and family affected in this case,” the statement said. “At the same time, TeamHealth stands behind our clinicians, who deliver compassionate care guided by our mission, vision, and values. We are committed to supporting both patients and the professionals who care for them.”
Dr. Dainius Drukteinis, the emergency department physician who was on duty when Stewart first sought treatment, was also named in the lawsuit. Like the emergency department nurse, he worked at the hospital through a contract with InPhyNet, court records state. He agreed to settle out of court before the case went to trial, Hecht said.
It’s unclear if Drukteinis ever examined Stewart. Medical records indicate that he did not, although Anderson testified that she consulted with the doctor about the patient, Hecht said.
In 2020, Florida lawmakers approved a bill that allows advanced practice registered nurses who meet certain criteria to practice “autonomously,” or without physician supervision, in some settings. That includes diagnosing, ordering and interpreting tests, and managing treatment plans by prescribing medications.
Drukteinis testified that Tampa General’s operating policies did not require him to review or sign off on a patient’s medical chart compiled by a nurse practitioner before the patient was discharged.
CT scan images of Stewart’s brain taken after her stroke were central to the trial.
A neuroradiologist serving as an expert witness for Stewart said the clotting in her brain was so extensive that some clots would have been present two days earlier when Stewart was first rushed to the hospital, Hecht said.
A radiologist put on the stand by attorneys for Tampa General and InPhyNet agreed the clotting was extensive but said it’s inconclusive whether they would have been present two days earlier, Hecht said.
The Brandon emergency room is fitted with a CT scan machine. Stewart’s visit there coincided with a statewide surge in COVID-19 cases from the delta variant.
“Maybe if COVID wasn’t around, I feel like my outcome may have been different,” Stewart said in an interview with the Times. “I feel like my care was rushed because the hospital was so busy.”
Stewart worked for a mortgage credit company before her stroke. Her two children, who were 16 and 10 at the time of her medical episode, are now her main caregivers.
The damages payout would enable the family to have paid caregivers come to the home to reduce the burden on her children.
“It’s still tough for them — they can see that Mama hasn’t ‘given up,’ and they are very strong kids,” Stewart said. “I’m going to do my best to be positive and think positive and make the best out of this life, whatever that’s going to look like.”
Join the Conversation
Anyone can view a sampling of recent comments, but you must be a Times subscriber to contribute. Log in above or subscribe here.
Conversations are opinions of our readers and are subject to the Community Guidelines.