Family sues over alleged medical malpractice at Ochsner Heart and Vascular Institute

By Chelsea Partington | Aug 21, 2014

NEW ORLEANS – A widow and her daughter are suing Ochsner Clinic Foundation for the alleged wrongful death of Dr. Cleveland Moore.

Beverly and Shani Mandisa Moore filed suit in the Orleans Parish Civil District Court on June 25.

The Moores claim that a non-interventional cardiologist treated the deceased, Dr. Moore, in January 2009. He was then referred to an interventional cardiologist, according to the suit.

On Feb. 6, 2009, the plaintiffs assert that Dr. Moore was examined at the Ochsner Heart and Vascular Institute by two interventional cardiologists John Reilly M.D. and Gary Daniel M.D. The petition states that they ordered a blood test for Dr. Moore.

The Moores contend that the results of Dr. Moore's blood work indicated that he suffered from microcytic anemia. The plaintiffs further allege that Dr. Moore was neither notified nor advised about his condition.

On Feb. 16, 2009, Dr. Moore was admitted to Oschner for an angiogram. The suit states that blood tests were performed for Dr. Moore before the procedure with consistent results. When Dr. Moore was discharged, the plaintiffs claim that he was not made aware of the microcytic anemia.

On Feb. 17, 2009, Dr. Moore allegedly returned to Ochsner for CT and VQ scans, which reportedly showed normal results.

The suit claims that Dr. Reilly and Dr. Daniels stated they were satisfied with the findings, and that some of Dr. Moore's symptoms could be stress-related.

The plaintiffs claim that on Sept. 30, 2009, Dr. Moore saw Dr. Hecker, an internal medicine physician. Upon review of his blood test results, Dr. Hecker asked how long Dr. Moore had been anemic, says the suit. Dr. Hecker went on to explain that the differential diagnosis for a male over 50 years of age with microcytic anemia is colon cancer until proven otherwise, the suit states

The Moores claim that follow-up testing confirmed that Dr. Moore had colon cancer. By the time of diagnosis on or after Sept. 30, 2009, the colon cancer had metastasized to Dr. Moore's liver, according to the petition.

Dr. Moore passed away on Dec. 4, 2012 despite extensive cancer treatments. The cause of death was allegedly metastatic colon cancer.

The defendant is accused of negligence, including failing to recognize the significance of abnormal blood tests, particularly with respect to Dr. Moore's age, failing to advise Dr. Moore of abnormal results on Feb. 9 and 16 of 2009, failing to recognize that Dr. Moore was at risk for colon cancer, and failing to provide standard of care treatment prior to Sept. 30, 2009.

The plaintiffs are seeking an unknown amount in damages for mental anguish, loss of consortium, society, love, affection, services, financial assistance and support, medical and related expenses and burial expenses. Dr. Moore's widow and daughter are also pursuing reparations for the severe pain, mental anguish, financial losses and medical expenses Dr. Moore suffered and incurred before his death.

Beverly and Shani Moore are represented by Robert J. David of Gainsburgh, Benjamin, David, Meunier & Warshauer LLC.

The case has been assigned to District J Judge Paula A. Brown.

Case no. 2014-06256.

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