A recent court filing reveals a gripping case of alleged medical negligence leading to a wrongful death. On June 12, 2024, Tamara Steinberg, as Administrator ad Litem of the Estate of Barney D. Steinberg, filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida against Dr. Brian Charity, Bay Area Emergency Physicians, LLC (BAEP), and Morton Plant Hospital Association, Inc. d/b/a Morton Plant Hospital (MPH).
The lawsuit centers around events that transpired following Barney D. Steinberg's surgery for throat cancer on April 27, 2021. After being admitted to Encompass Health Rehabilitation Hospital of Largo for post-surgery rehabilitation on May 6, 2021, Barney experienced bleeding from his mouth on May 23, 2021. He was subsequently taken to Morton Plant Hospital's Emergency Department where he was evaluated by Dr. Brian Charity.
According to the complaint, Dr. Charity failed to order necessary imaging and did not adequately communicate with the on-call otolaryngologist about the source of Barney’s bleeding. The plaintiff alleges that Dr. Charity did not consider a tracheoinnominate artery fistula—a life-threatening condition—in his differential diagnosis and advised only minor treatments such as holding Lovenox and continuing periodic mouth washes.
Tragically, on May 24, 2021, Barney suffered severe hemorrhage and cardiac arrest due to a tracheoinnominate artery fistula and died later that day after being rushed to Largo Medical Center.
Tamara Steinberg claims that Dr. Charity’s actions deviated from the prevailing professional standard of care expected in such medical situations. The lawsuit also asserts vicarious liability against BAEP and MPH for Dr. Charity’s alleged negligence under the doctrine of respondeat superior since he was acting within the scope of his employment with these entities at the time.
The plaintiffs are seeking damages under Florida's Wrongful Death Act for Barney’s surviving sons—J.S., born in 2010; Tyler Weymiller, born in 1999—and for the estate itself. They demand judgment against all defendants for all available damages including costs and any further relief deemed appropriate by the court.
Representing Tamara Steinberg are attorneys Lee D. Gunn IV and Ryan A. Lopez from Gunn Law Group P.A., while Judge James R. Stearns is presiding over this case identified as Case Number: 24-002609-CI.