Suit claims large dose of Albuterol led to patient’s wrongful incarceration and death

NEW ORLEANS— A New Orleans university medical center is named in a suit for a patient’s alleged improper treatment that led to her incarceration and eventual death.

Sophia Becker, Christy Richmond and the estate of Michael E. Miceli through Claudi Frosch Miceli and Christy M. Richmond filed suit against the Administrators of the Tulane Educational Fun and University Healthcare System, Tulane Medical Center Hospital and Clinic and Dr. Stephen Mallernee in the Orleans Parish Civil District Court on Oct.11.

The plaintiffs’ petition negligence on the part of the defendants led to the false incarceration and eventual death Cayne Miceli, on whose behalf Michael Miceli had filed a suit before his death in 2011. The suit claims that Cayne Miceli sought treatment for shortness of breath at the Tulane Medical Center and was treated by Dr. Mallernee. Miceli had ingested Albuterol earlier that day, but her symptoms continued. Upon treatment at Tulane Medical Center, she was allegedly given more Albuterol, which is known to have potential side effects including nervousness, agitation, anxiety and violent behavior (especially in large dosages). According to the plaintiffs’ accounts, minutes after being discharged, Cayne had an acute psychotic episode, was arrested and transported to prison.

The defendants are accused of failing to properly monitor and treat the patient’s physical and mental condition, failing to release her in a stable condition or provide proper home care instructions, failing to admit for medical treatment, failing to administer medications and treatment in appropriate doses, failing to timely respond and failing to provide follow-up care and follow-up policies and procedures.

An undisclosed amount in damages is sought for Michael Miceli’s grief due to the alleged acts and omissions by the defendants who allowed the transfer of the patient to an improperly-equipped caregiver, allegedly resulting in the patient’s unnecessary pain and suffering and leading to Cayne Miceli’s untimely death at the age of 43.

The plaintiffs are represented by R. Glenn Cater of Cater & Associates LLC.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2013-0969.