JACKSONVILLE, Fla. – At least 522 lawsuits have been filed against Ascension St. Vincent’s Riverside Hospital and a former orthopedic surgeon there, Dr. David Heekin.
The suits allege Heekin was allowed to operate on patients for years while he was impaired by a progressive neurological condition that caused him to lose his balance and slur his speech. Plaintiffs allege the surgeon caused devastating injuries including broken femurs, ruptured tendons, severe nerve damage and even death.
According to the lawsuits, the doctor’s impairment was obvious yet the hospital didn’t stop him from operating. Many of the plaintiffs turned to Dr. Heekin for hip or knee replacements.
The lawsuits claim as the doctor’s condition got worse from 2015 to his retirement in 2020. The plaintiffs say audio clips demonstrate the doctor slurring his speech immediately after performing surgeries in 2020.
MORE: New audio recordings added to lawsuits against doctor accused of botched surgeries
The suits allege St. Vincent’s actually profited from Dr. Heekin’s surgical mistakes because patients he injured would be sent back to him for corrections. In court records, the health system denies this.
Attorney Shannon Schott, who is not involved in the litigation, explained why the 522 cases have been filed individually.
“When it comes to the physical body, it’s hard to put people into a class [action lawsuit] because every physical body is different,” Schott said. “So normally, you don’t see a class action in cases like medical malpractice.”
However, the lawsuits have been consolidated into one case number. Schott said that helps them move through the system more quickly.
“[Consolidation] gives the defendant some due process, where he’s not fighting 500 and something cases at one time,” she said. “He’s doing discovery in what appears to be groups of cases rather than hundreds of cases individually.”
The court has ruled at least some of the plaintiffs can sue not only for their medical costs, pain, and suffering but also for punitive damages.
“It’s not out of the realm of possibility that there could be a 10-figure verdict in this case,” Schott said.
The I-TEAM has reached out to the plaintiffs’ attorney to see if that estimate sounds accurate but has not yet received a response.
A trial date for a handful of the cases has been set for August. It will be up to a jury to decide whether the defendants are liable for the plaintiffs’ injuries and should have to pay damages.
Court records show St. Vincent’s has accepted liability in some of the cases involving Dr. Heekin, but not in others.
The I-TEAM has reached out to attorneys for the health system, as well as attorneys for Dr. Heekin and the Heekin Clinic, but has not yet received a response.
The health system has said in court filings, if anyone was negligent, it was the doctor, while attorneys for Dr. Heekin have pointed the finger at patients, accusing them of things like not following instructions or not reporting symptoms to healthcare providers.