A tragic case of alleged medical malpractice has surfaced in Palm Beach County, Florida, raising serious questions about the standard of care provided by a local orthopedic surgeon and his practice. Felicia Simmons, acting as the personal representative of her late husband Robert Simmons' estate, filed a complaint on August 27, 2024, against Dr. Harvey Montijo and the Center for Bone and Joint Surgery of the Palm Beaches, P.A., accusing them of negligence that led to Robert Simmons' untimely death.
The complaint was lodged in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County. Felicia Simmons alleges that Dr. Montijo and his employer failed to provide adequate medical care following a knee surgery performed on Robert Simmons on March 15, 2022. According to court documents, Robert Simmons had been a patient at the Center for Bone and Joint Surgery for nearly eight years due to various orthopedic issues, including bilateral knee osteoarthritis.
The lawsuit details how Dr. Montijo recommended and performed a right total knee arthroscopy on Robert Simmons at Palms West Hospital. Following the surgery, it is claimed that Dr. Montijo ordered only two doses of aspirin as deep vein thrombosis (DVT) prophylaxis and limited antibiotics to just one day. The next day, an independent pain management consultant found Robert in severe pain unrelieved by medication—a stark contrast to Dr. Montijo's mid-level provider's note stating he was resting comfortably.
Despite ongoing severe pain and deteriorating conditions observed during subsequent visits—such as fluid-filled blisters turning into open wounds with necrotic tissue—Dr. Montijo allegedly failed to take appropriate actions or provide necessary DVT prophylaxis consistently. By April 19, 2022, Robert's condition had worsened significantly with evidence of cellulitis leading to another surgical intervention.
The situation escalated when Robert was admitted to Palms West Hospital on May 5, 2022, with symptoms including confusion, dizziness, breathing problems, and signs of a pulmonary embolism—a life-threatening condition involving blood clots in the lungs. Despite receiving anticoagulation treatment at the hospital initially, he succumbed to his injuries after suffering cardiac arrest and other complications on May 9, 2022.
Felicia Simmons asserts that both Dr. Montijo and the Center for Bone and Joint Surgery are liable for failing to provide adequate post-operative care which could have prevented these complications. She claims their negligence directly resulted in her husband's death due to pulmonary embolism and infection at the surgical site.
In her lawsuit, Felicia seeks damages exceeding $50,000 exclusive of interest and costs under Florida’s Wrongful Death Act. She aims to recover losses including support services lost companionship mental anguish funeral expenses among others highlighting immense emotional financial impact caused by this tragedy.
Representing Felicia is Michael Acker from Gordon & Partners PA who certified reasonable grounds exist based on thorough investigation supporting claims against defendants emphasizing seriousness allegations faced by healthcare providers involved
Judge presiding over case yet named Case ID:502024CA008107XXXAMB Div: AA