A physician and medical center deny liability in a suit alleging a patient died after attending physical and occupational therapy while awaiting cardiac surgery.
Plaintiff Shelby Gavellas, as special administrator of the estate of James Gavellas, filed her original complaint on Jan. 8 through attorney Keith Short of Keith Short & Associates PC in Alton. She later filed an amended complaint on April 6 against OSF Healthcare St. Anthony’s Health Center, Dr. Behfar Dianati, CEP America-Illinois Hospitalists LLP, Dr. Bijoy Hedge, and Bravo Care of Alton Inc., also known as Rosewood Care Center. The plaintiff’s original complaint previously listed Granite City Physicians Group as a defendant, which she voluntarily dismissed without prejudice on March 18.
According to the complaint, James Gavellas went to St. Anthony’s Hospital on May 17, 2019, with complaints of shortness of breath, chest pain and severe aortic stenosis. He was admitted to the ICU with the diagnosis of critical aortic stenosis, shortness of breath with CHF, and end-stage renal disease on hemodialysis. Dianati treated Gavellas and became aware of his medical history, including chronic systolic heart failure, hypertension, nonrheumatic aortic stenosis and shortness of breath on exertion. The suit alleges the defendants should have known that his medical history and admitting diagnosis would cause him to be vulnerable to additional cardiac issues.
Ann Barron
| secure.heylroyster.com
Before Gavellas was discharged from the hospital, Dianati ordered physical therapy and occupational therapy to assess him before he became a resident of a skilled nursing facility. The evaluations were completed on May 20, 2019. He was discharged to Rosewood Care Center the following day while waiting for cardiac surgery. While at Rosewood, Gavellas was scheduled to have physical and occupational therapy up to seven times per week by Hedge.
On May 28, 2019, Gavellas underwent physical and occupational therapy before receiving a shower. After returning to his room, he allegedly grabbed his chest and stated, “My heart,” before losing consciousness. He allegedly experienced asystole cardiac arrest and was pronounced dead at Alton Memorial Hospital Emergency Room.
Shelby Gavellas alleges the defendants were negligent and seeks more than $50,000 for each count, including court costs and attorney’s fees.
OSF Healthcare answered the complaint on April 20 through attorney Ann Barron of Heyl Royster Voelker & Allen PC in Edwardsville.
In its affirmative defenses, the defendant argues that the decedent’s injuries are the result of his own comparative negligence and the fault of “persons other than defendant OSF Healthcare System.”
Shelby Gavellas denied the allegations raised in the affirmative defenses and demands strict proof in her reply filed April 22.
Dianati answered the complaint on April 27 through attorney Kenneth Burke of Brown & James PC in Belleville, denying liability.
Madison County Circuit Court case number 21-L-22