Judge orders area doctor to pay $810K, Kevin Walters Staff
Lawsuit: Lowry performed surgery on wrong patient

By Kevin Walters
American Staff Writer kwalters@hattiesb.gannett.com

A Harrison County jury awarded $1.8 million in damages Wednesday in a lawsuit involving a Hattiesburg neurosurgeon who performed a brain operation on the wrong patient.

Dr. Michael Lowry, who is affiliated with Forrest General Hospital, was ordered to pay 45 percent - or $810,000 - of the damages, said John Giddens, a Jackson-based attorney who represented plaintiffs Charles and Carmen Connetti of Bay St. Louis.

Co-defendant radiologist Dr. Michael Diaz must pay 35 percent of the damages and Memorial Hospital at Gulfport was assigned 20 percent, but won't have to pay because it previously settled out of court for an undisclosed amount.

"We had numerous experts from all over the country who testified," said Giddens.
The suit alleged that Charles Connetti's brain scan, taken on July 25, 2000, was confused with the reports of patient Robert King, while both Charles Connetti and King were in Memorial Hospital.

Charles Connetti had sought treatment after complaining of headaches and hallucinations.

Giddens said he believes it was the largest medical malpractice award in Harrison County.

The jury's judgment is not yet final, said Paul Delcambre, a Gulport attorney representing Lowry.

No decision has been made about filing an appeal, he said.

"There are one or two legal issues in the case that we can't comment on," Delcambre said.

Diaz's attorney could not be reached for comment.

Before the trial began, Diaz admitted to issuing an incorrect report and Lowry admitted to failing to see the name before and during surgery, Giddens said.
Charles Connetti's name was on the brain scan more than 80 times, Giddens said.

King went home shortly after July 25 only to return to the hospital's emergency room a few weeks later in a coma. He later died.

On Aug. 1, 2000, Lowry performed a craniotomy on Charles Connetti, who is a commercial shrimp and oyster fisherman.

After the operation, he was left brain damaged.

Giddens described his client's condition as being similar to what some stroke victims experience, including difficulty with his speech.

Forrest General Hospital cannot comment on individual physician's legal cases, said a hospital spokesman.

BILOXI, Miss. - A Hancock County man has been awarded over $1.4 million in damages for injuries he suffered during unnecessary brain surgery.

Surgeon Michael Lowry and radiologist Michael Diaz were accused of causing permanent neurological damage to Charles Connetti.

Connetti and his wife, Carmen, sued the doctors at Memorial Hospital in Gulfport and Charity Hospital in New Orleans in 2001 after Lowry performed brain surgery to remove a 4.5-centimeter cyst. Doctors later learned the cyst was in the brain of another patient, Robert King, who later died.

In Harrison County Circuit Court on Wednesday, a jury held Lowry 45 percent responsible for Connetti's neurological problems. The judgment against Lowry means he owes $810,000 in damages.

Diaz was held 35 percent responsible, which means he owes $630,000 in damages.

The jury found that Memorial Hospital had a 20 percent responsibility, but the hospital settled out of court for an undisclosed amount.

Lowry had acknowledged that he was looking at King's MRI film, but believed it belonged to Connetti. Connetti's lawyer, John Giddens of Jackson, said King's name was on the film 16 times.

"I don't think the verdict is out of line with what we proved," Giddens said. "We feel that we proved ... that he was going to need over $1.1 million just in future care and medical expenses."

Giddens also is representing King's family in a separate lawsuit. That case is expected to go to trial in 2005.

Paul Delcambre, Lowry's lawyer, declined to comment. Pete Bloss, who represents Diaz, said he couldn't comment on information presented at trial.

http://www.washingtontimes.com/functions/print.php?StoryID=20040907 120841 9118r

MISSISSIPPI Man wins malpractice suit BILOXI -- A Mississippi man was awarded more than $1.4 million in damages for injuries suffered during unnecessary brain surgery. Charles Connetti sued the doctors at Memorial Hospital in Gulfport and Charity Hospital in New Orleans in 2001. Surgeon Michael Lowry and radiologist Michael Diaz were accused of causing permanent neurological damage to Mr. Connetti. Dr. Lowry performed the surgery to remove a cyst. The cyst was in the brain of another patient, who later died.