$1.2 Million Verdict in Wrongful Death Case Following Botched Hysterectomy

A Florida jury has awarded over $1.2 million in damages to Gareth Colletti, whose 78-year-old wife, Diane Colletti, died from sepsis following a robotic-assisted hysterectomy. The lawsuit alleged that medical negligence by Dr. Antonella R. Leary, Jupiter Medical Center Inc., and nurse staffing agency CareRev contributed to her death in 2022.

Court records indicate that the trial lasted more than two weeks before the Palm Beach County jury returned its verdict, finding both Dr. Leary and CareRev 40% negligent, while Jupiter Medical Center was assigned 20% of the fault. The award included $12,415 for funeral expenses, $500,000 in past damages, and $750,000 in future damages.

The Allegations

Gareth Colletti filed the wrongful death lawsuit in August 2023, stating that his wife underwent a robotic-assisted total hysterectomy due to abnormal post-menopausal bleeding, which suggested a possible cancer diagnosis. Dr. Leary performed the surgery at Jupiter Medical Center, and CareRev-employed nurse Claudia Davids was among the medical staff assigned to Colletti’s post-operative care.

During the procedure, Colletti’s bowel was perforated in two places—one of which was repaired, while the other went unnoticed. Despite the operation being planned as an outpatient procedure, Leary opted to monitor Colletti overnight. Hours after surgery, Colletti was moved to the medical-surgical unit, where she was given medication for abdominal pain. However, the medical staff allegedly failed to recognize and respond to the worsening symptoms.

The lawsuit claimed that despite abnormal lab results and ongoing complaints of abdominal tenderness and nausea, a nurse failed to alert physicians. Dr. Leary later ordered a nasogastric tube (NG tube) and additional pain medication but allegedly did not stay to ensure proper placement or effectiveness.

The Trial

Key testimony in the case included a January 2024 deposition from nurse Claudia Davids, who noted that she observed Colletti’s elevated heart rate but attributed it to discomfort from NG tube insertion rather than a serious medical issue.

"I felt that the heart rate was elevated because of me inserting the NG tube and the patient being in discomfort," Davids testified.

Additionally, the plaintiffs argued that Dr. Leary did not adequately communicate the seriousness of Colletti’s condition to the nursing staff. Attorney Andrew B. Yaffa of Grossman Roth Yaffa Cohen PA stated that despite Leary’s claimed concern over Colletti’s symptoms, there were no corresponding medical orders to reflect that urgency.

“There were no orders to support the level of concern Leary testified she had,” Yaffa said. “It's one thing to have that concern, but another to have that concern and not tell anybody.”

By the time medical staff realized the extent of the emergency, Colletti’s condition had deteriorated significantly. She was returned to surgery but succumbed to sepsis caused by the undiagnosed bowel perforation two days after the initial operation.

Law Firms Involved

Gareth Colletti was represented by Andrew B. Yaffa of Grossman Roth Yaffa Cohen PA and Samuel M. Yaffa of Samuel M. Yaffa PA.

The defendants were represented by Mary J. Hall and Kelsey A. Weiss of McEwan, Martinez, Dukes, Hall & Vancol PA.

What’s Next?

Counsel for the defendants did not immediately respond to requests for comment. However, appeals could be forthcoming, as medical malpractice verdicts frequently face post-trial motions and legal challenges.

The case, Gareth Colletti v. Antonella R. Leary M.D. et al., was tried in the Fifteenth Judicial Circuit Court of Florida, case number 2023-CA-012897.