Jury rules Wayne HealthCare, Zimmerman ‘not negligent’


GREENVILLE —The jury reached a verdict in a medical malpractice trial against Wayne HealthCare in Darke County Common Pleas Court on Tuesday afternoon. Judge Jonathan P. Hein presided.

Kyle Dillman, son of late New Weston resident Tisha K. Gibson, filed suits against Physician’s Assistant James Zimmerman and Wayne HealthCare on count one of wrongful death and count two of personal injury in May 2019.

The charges followed Gibson’s day-long stint in the Wayne HealthCare Emergency Department (ED) on May 30, 2018, in which her chief complaints were allegedly “dizziness,” “palpitations,” a “headache” and “shortness of breath.” Gibson was treated by Zimmerman during her stay in the ED, and after he looked after her, and she was given fluids, Zimmerman discharged Gibson home with a diagnosis of benign paroxysmal positional vertigo and some prescriptions for nausea and dizziness at approximately 6 p.m. According to her witness testimony on Tuesday, Gibson’s daughter Megan Goewert went to her mother’s the next day at approximately 1 p.m. to check on her and found her deceased.

Gibson’s estate alleged that Zimmerman did not clear her for all potential life-threatening problems prior to her discharge, such as a pulmonary embolism, from which her estate claims she died.

A pulmonary embolism occurs when a blood clot gets lodged in an artery in the lung, blocking blood flow to part of the lung. Common symptoms of pulmonary embolism are fast heart rate, shortness of breath, palpitations, chest pain and low oxygen levels.

Dillman was represented by attorney Marc Pera. Zimmerman was represented in court by attorneys Susan Blasik-Miller and Shannon Bockelman, with Wayne HealthCare represented in court by David Lockmeyer.

After listening to closing statements, the jury determined that both Wayne HealthCare and Zimmerman were not negligent.

By Abigail Miller


Reach Abigail by email at [email protected]

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