The opinion of the court was delivered by: JAMES MUNLEY, District Judge
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
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,
3) On February 3, 2001, Dumble presented himself to Defendant
VAMC where he conveyed complaints of burning pain in his chest
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
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 ...