Wrong diagnosis

Lawsuit claims ER staff
missed stomach bleeding

By David Baker
Posted December 18, 2011

A lawsuit has been filed on behalf of a man who died as a result of a stomach hemorrhage after emergency room staff at Albany Memorial Hospital allegedly failed to diagnose his life-threatening condition.

According to legal papers, Margaro Melendez went to the emergency room at Memorial Hospital, where he was told that his stomach pain was flu and was sent home.

He died three weeks later of cardiac arrhythmia due to an acute gastrointestinal hemorrhage.

Also named in the suit are Albany Medical Center Hospital, Albany Medical College, Sahar Amery, M.D. – who is a doctor employed by both Albany Medical Center and the college – and the drug company Bristol-Myers Squibb.

The drug maker is named as the maker of Plavix, which is intended to reduce the risk of a stroke by preventing the formation of blood clots.

The suit alleges that Bristol-Myers Squibb and Amery failed to warn Melendez of the risks in taking Plavix, and that Albany Memorial Hospital employees were negligent in failing to diagnose and treat his condition.

The suit was filed by Bruce Huttner of Donohue, Sabo, Varley and Huttner of Albany.

Representing the Capital District defendants are D'Agostino Krackeler Baynes of Menands, and Maynard, O'Connor, Smith of Albany. Two other law firms, one in New York City and one in Washington, D.C. are also listed as defending the lawsuit.

A search of Capital Region newspaper archives produced no indication that the suit was reported.

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