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WILLIAMS v. U.S.

October 17, 2005.

MARY THERESE DUMBLE WILLIAMS, as Executrix of the Estate of ARTHUR EARL DUMBLE, Plaintiff,
v.
UNITED STATES OF AMERICA, d/b/a, a/k/a, and/or acting through the DEPARTMENT OF VETERANS AFFAIRS and the VETERANS AFFAIRS MEDICAL CENTER, and the UNITED STATES OF AMERICA, individually, Defendants.



The opinion of the court was delivered by: JAMES MUNLEY, District Judge

MEMORANDUM

This matter having been heard by the court as a non-jury trial on August 24, 2005, we hereby make the following findings of fact*fn1 and conclusions of law:
I. Findings of fact

1) Plaintiff's decedent Arthur E. Dumble (hereinafter "Dumble") was born on October 15, 1932.

  2) Dumble was sixty-eight years of age when he presented himself to Defendant Veterans Affairs Medical Center in Wilkes-Barre, Pennsylvania ("VAMC") for treatment on February 3, 2001.

  3) On February 3, 2001, Dumble presented himself to Defendant VAMC where he conveyed complaints of burning pain in his chest and epigastrum.

  4) An EKG performed in the VAMC Emergency Department revealed evidence of an old inferior wall infarct and definite up sloping ST segment depression in leads I, VL, and V2 through V5. 5) Dumble's CPK was noted to be elevated to 640 and his troponin I level was noted as being positive by K. Patel, M.D., the Emergency Department physician attending to him.

  6) Therapy of sublingual nitroglycerin, subcutaneous Lovenox, aspirin and nitroglycerin ointment was started in the Emergency Department.

  7) Medical resident A.K. Azad, M.D., examined Dumble on February 4, 2001. He acknowledged Dumble's chest pain, abnormal EKG and elevated cardiac enzymes, and he concluded that an acute coronary syndrome had to be ruled out.

  8) Azad's notes indicate that he discussed his findings with Ashok Agarwal, M.D., by telephone and the Agarwal agreed with Azad's plan of treatment and management.

  9) Agarwal ordered repeated troponin levels to be drawn, but the order was subsequently canceled.

  10) Dumble was discharged from the VAMC on February 5, 2001 at approximately 5:30 p.m.

  11) Dumble went into cardiac arrest while being driven home by his son only minutes after being discharged from the VAMC on February 5, 2001.

  12) Dumble was pronounced dead at Mercy Hospital in Wilkes-Barre at 6:16 ...


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