A Florida couple has filed a lawsuit against multiple medical professionals and institutions, alleging negligence that led to a severe stroke. The complaint was filed by Maxim Ben Moha and his wife, Carmen Luisa Paz De Ben Moha, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County on September 17, 2024. The defendants named in the case include Matthew M. Marques, Northeast Florida Hospitalists, Inc., Mini Varghese, Michael P. Zahalsky, M.D., P.A., doing business as Z Urology, and West Boca Medical Center, Inc.
The case centers around an incident that began on April 5, 2023, when Maxim Ben Moha visited the emergency department at West Boca Medical Center (WBMC) due to kidney stones and atrial fibrillation. Despite being prescribed Eliquis to prevent clot formation due to his heart condition, it was decided by Dr. Matthew M. Marques to "hold Eliquis for now" pending a urological evaluation. Dr. Mini Varghese later confirmed this decision but did not ensure that Ben Moha resumed taking Eliquis before he was discharged from WBMC on April 7.
On April 9, Ben Moha returned to WBMC with complications including hematuria and difficulty urinating. He was again seen by Drs. Marques and Varghese but was discharged on April 10 without restarting his anticoagulant medication. It wasn't until April 14 that Dr. Varghese directed him to resume taking Eliquis; however, the delay proved catastrophic as Ben Moha suffered a severe stroke early on April 15.
The plaintiffs argue that both Drs. Marques and Varghese failed in their duty of care by not ensuring timely resumption of anticoagulation therapy for Ben Moha's atrial fibrillation. They allege that this negligence directly caused the stroke which resulted in permanent brain damage and disability for Maxim Ben Moha.
The lawsuit claims damages exceeding $50,000 exclusive of interest and costs for past lost earnings, future loss of earning capacity, medical bills, pain and suffering among other damages. Additionally, Carmen Luisa Paz De Ben Moha is seeking compensation for loss of consortium due to her husband's incapacitation.
Representing the plaintiffs are attorneys Bruce A.B.C.S Sowell and Megan L. Sowell from Terrell Hogan law firm based in Jacksonville, Florida.