$6.13 Million Verdict After Hospital Discharged Chest-Pain Patient Who Died Hours Later

On April 30, 2012, EMS brought Anthony Lawrence Savino to CMC-Northeast after he reported chest pain radiating down both arms with tingling and numbness. Paramedics administered aspirin, nitroglycerin, and IV fluids and documented his care in an EMS snapshot before handing him off to the emergency department. After a few hours in the ER, the hospital discharged him.

That evening, Savino's wife found him unresponsive. He suffered a fatal heart attack and died before EMS could revive him. He was 53 years old.

The estate, represented by R. Kent Brown and Jon Moore of Brown Moore and Associates along with co-counsel from Zaytoun Ballew and Taylor, argued that hospital staff failed to communicate the EMS snapshot information, including the aspirin and nitroglycerin treatment, to the physician overseeing Savino's care. That gap in communication, the plaintiffs contended, led to a workup that fell short of what a chest-pain protocol required. According to Moore, had Savino been admitted to the chest pain unit, the signs of the oncoming cardiac event would have been detectable in time to save his life.

On November 15, 2016, a Cabarrus County jury returned a verdict of $6,130,000, comprising $680,000 in economic damages and $5,500,000 for pain and suffering. Critically, the jury also found that the hospital acted with reckless disregard for Savino's rights and safety. Under North Carolina law, that finding stripped the hospital of the protection of the state's $515,000 statutory cap on noneconomic damages, leaving the full award intact.

The hospital appealed. The NC Court of Appeals reversed on several grounds, including the pain-and-suffering award. The estate sought further review, and on September 25, 2020, the North Carolina Supreme Court modified and affirmed in part, reversed the Court of Appeals in part, and upheld the $6,130,000 verdict, restoring what the jury had originally awarded.