Two health care providers in Centre County to pay nearly $500,000 to settle 2019 lawsuit
Two health care providers in Centre County agreed to pay $462,500 to settle a 2019 lawsuit brought by the widow of a man who died after complications from a knee replacement surgery, according to a court document filed in November.
Michael Greenberg’s widow alleged University Orthopedics Center Dr. Kenneth Cherry did not properly treat her husband’s MRSA infection before or during the April 2017 surgery at Mount Nittany Medical Center.
The lawsuit alleged that Cherry was distracted during Greenberg’s surgery, which took place the day agents from the state attorney general’s office executed a search warrant on the physician relating to criminal charges surrounding his prescription practices.
Greenberg’s left leg was amputated after the infection spread.
He died of esophagus cancer in January 2018. He was unable to reach his cellphone to call 911 when a tumor totally obstructed his esophagus.
Family attorney Bob Englert wrote the amputation prevented Greenberg from calling for help, while University Orthopedics Center attorney Dave Johnson wrote Greenberg’s death “had nothing to do with his knee replacement, infection or amputation.”
University Orthopedics Center agreed to pay $362,500 to settle the lawsuit brought by Cynthia Greenberg; Mount Nittany Medical Center agreed to shell out $100,000. Englert is set to receive 40% of the settlement.
Englert, Johnson and a hospital spokesperson each declined comment Thursday.
Centre County President Judge Pamela Ruest wrote in a May ruling that Cherry, UOC and MNMC’s conduct “clearly does not rise to the level of outrageousness and recklessness.”
But, she added, there remained questions about whether the amputation of Greenberg’s leg was a contributing factor in causing his death.