Well, our prediction over Mark Midei’s response to allegations that he performed unnecessary stenting on nearly 600 patients was wrong. Instead, Dr. Midei and his attorney, Stephen Snyder, have gone on the offensive, filing a $540 million dollar lawsuit against St. Joseph’s Medical Center and others, alleging they intentional destroyed Dr. Midei’s career by diverting attention away from its own wrongdoing and toward Dr. Midei. The lawsuit, which is described by the Baltimore Sunas “harshly worded,” contains allegations that read like a prime time drama. The lawsuit alleges fraud, defamation, invasion of privacy by false light, interference with economic relations and intentional infliction of emotional distress and seeks both compensatory and punitive damages.
All in all, the suit alleges that Dr. Midei’s career has been forever destroyed by St. Joseph’s actions. We can’t agree more that Dr. Midei’s professional career is over no matter what the outcome of all the allegations surrounding his care of perhaps thousands of patients.
In an interview with Heartwireafter his press conference, Dr. Midei stated that “I’ve listened to the advice of counsel for the past 18 months, and I’ve kept silent despite a strong desire to tell my side of the story. And now, this is an opportunity to tell my side and provide the reasons for my vindication.” He went on to say that “[a]t the time that I did these procedures, they were done with the best of intentions–patients were treated as if they were my father or my mother, my sister or my brother. I believe in what I did. As the science changes, it’s possible that if the same case came in today, I would approach it potentially differently than I did in 2006, but I think my approach was identical to other doctors in this town and across the country.”
It will be interesting to see what develops by way of evidence during the discovery phase of the case. Attorneys will be watching the case ever so closely. Maybe Snyder and his team will move the case along fast enough that if Midei and his attorney ultimately prevail, which, based on the evidence and information available thus far we believe is highly unlikely, many of the claims and lawsuits against Dr. Midei will vanish.
We know one thing for certain, though. Billy Murphy won’t be defending St. Joe’s like he defended University of Maryland Hospital in the case of Waldt v. UMMS, which was dubbed the “Clash of the Titans” between Murphy and Snyder by the now defunct Baltimore Examiner. The Examiner article is a good read and is available here. Mr. Murphy is plaintiffs’ counsel in a case seeking court approval of class action status for his clients who hold claims against Dr. Midei.
As stated in prior blogs, althoughBelsky, Weinberg & Horowitzis handling a number of stent claims, weare taking a very cautious and methodical approach to dealing with our clients’ needs. Our goal is to ensure that before any settlements are reached or demands are made, that our clients understand completely the nature and extent of their cardiac conditions, and that we understand the short term and long term consequences of having a stent implanted that cannot be removed and is unnecessary. Many people are or were taking Plavix, and the stents themselves release anti-clotting medications into the bloodstream. It is also known that people who have stents are more prone to developing additional blockages at the situs of the stent. These are all issues that we are dealing with and have engaged cardiology experts to advise us on and consult with our clients.