JOHNSON, VORHEES and MARTUCCI WIN $1M VERDICT IN BONETTI CASE
Friday, October 11, 2019, was the third anniversary of Chef Marcel Bonetti’s death. It was also the day a jury in St. Charles County, Missouri found fault on the part of Dr. Peter McCarthy, M.D., an emergency department physician at Barnes Jewish St. Peters hospital, for his passing.
Marcel Bonetti, a renowned Springfield chef, died five days after undergoing a straightforward umbilical hernia repair. He returned to the hospital two days after the surgery, complaining of constipation pains and abdominal distention. Dr. McCarthy diagnosed Bonetti with a post-operative ileus before sending him home. The patient went back to the hospital two days later, and doctors finally diagnosed him with bowel ischemia. However, Bonetti was already septic by the time he was taken to the operating room. He died several hours after the surgery.
Johnson, Vorhees & Martucci Represent Bonetti’s Family
Roger Johnson and Patrick Martucci of Johnson, Vorhees & Martucci filed malpractice-based wrongful death claims on behalf of Bonetti’s wife of 44 years and his three adult children. The claims against Dr. McCarthy centered around his failure to provide IV fluids to a dehydrated patient, his failure to notify the surgeon or to have a CT scan or blood work performed, and his failure to decompress the abdomen. Dr. McCarthy defended his diagnosis by claiming that the patient had a bowel movement, and his pain had significantly improved before being discharged.
No offers were made by Dr. McCarthy or the company that contracted with him: Southeastern Emergency Physicians of Memphis (SEPM). The St. Charles jury returned a verdict for one million dollars ($1,000,000.00) against Dr. McCarthy and found that he was the agent of SEPM.
Attorney Roger Johnson shared the following statement following the verdict:
“This remarkable man, Marcel Bonetti, made a huge difference in all the lives that he touched during his 73 years. Not the least of which is the legacy he left through his wife Corinne and his wonderful children: Elizabeth Scott, Brigitte Bonetti, and Gregory Bonetti. They made terrific witnesses at trial, telling the story of Marcel’s life and bringing honor to his memory. The St. Charles jury, despite the County’s reputation as being ultra-conservative, saw that a terrible wrong had occurred to this family and that basic medical workup and care would have saved his life. We are grateful that they brought the peace that sometimes only justice can bring.”
This is the third jury verdict of a million dollars or more obtained by the lawyers at Johnson, Vorhees & Martucci on malpractice cases in 2019.
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