Medical Negligence Lawsuit Filed After Surgeon Implants Right Knee Device in Patient's Left Leg

Monroe Man Sues St. Vincent’s Medical Center Over 2023 Surgical Error That Cannot Be Corrected

A Monroe couple filed a lawsuit against St. Vincent’s Medical Center in Bridgeport after surgeon Dr. Jenna A. Bernstein allegedly implanted a right knee prosthetic device into Michael Zavaglio’s left knee during a December 19, 2023 operation. According to case review documentation, the surgical error was discovered and disclosed to Zavaglio the following day. The lawsuit, filed December 27 in state Superior Court in Bridgeport, claims the mistake cannot be surgically corrected due to Zavaglio’s multiple sclerosis, leaving him with permanent complications from having “two right knees.”

5 Key Points

• Six medical professionals present in the operating room failed to identify that a right knee implant was being placed in the patient’s left knee.
• According to the legal complaint, the surgical team falsely documented verifying the implant was for the correct knee.
• St. Vincent’s Medical Center used pre-populated electronic templates that documented unperformed care procedures.
• Patient Michael Zavaglio’s multiple sclerosis prevents corrective surgery due to anesthesia risks.
• The lawsuit names SVMC Holdings, Dr. Bernstein, Connecticut Orthopaedic Specialists, and Hartford HealthCare Medical Group defendants.

Wrong-Side Surgery Discovery and Aftermath

Dr. Jenna A. Bernstein performed knee replacement surgery on Michael Zavaglio at St. Vincent’s Medical Center on December 19, 2023, implanting what was designed as a right knee prosthetic into his left knee. The error went unnoticed by six medical professionals in the operating room, and Zavaglio was discharged home the next day. According to documentation from a board-certified orthopedic surgeon who reviewed the case, Zavaglio learned of the mistake on December 20, 2023, just one day after the surgery. The lawsuit, filed by attorney Jeffrey Wisner of Koskoff Koskoff & Bieder, details how this surgical error has left Zavaglio with chronic pain, inflammation, limited range of motion, and a distinctive snapping of the knee joint.

Multiple Sclerosis Complicates Potential Solutions

Zavaglio’s pre-existing multiple sclerosis condition makes surgical correction impossible, according to the legal complaint filed in state Superior Court. “A surgical correction, which requires anesthesia, poses unacceptable health risks to Michael, who manages the central nervous system disease, multiple sclerosis,” the complaint states. The lawsuit emphasizes that “there is no likely fix” for the medical error, and the complications “most likely will persist for life.” This permanent condition leaves Zavaglio with two right knees – his natural right knee and a right knee prosthetic incorrectly placed in his left leg.

Documentation and Safety Protocol Failures

The lawsuit alleges multiple systemic failures at St. Vincent’s Medical Center. SVMC Holdings “improperly permitted the use of pre-populated electronic medical record templates that documented care not rendered,” according to the complaint. The surgical team allegedly falsified documentation, claiming they had verified the implant was intended for the left knee. Despite standard surgical protocols requiring multiple verification steps, none of the six individuals in the operating room identified the safety lapse or implant error before, during, or after the procedure.

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Medical Providers Face Multiple Claims

The lawsuit names several defendants: SVMC Holdings (operator of St. Vincent’s Medical Center), Dr. Jenna A. Bernstein, Connecticut Orthopaedic Specialists, P.C., and Hartford HealthCare Medical Group Inc. When contacted about the allegations, Hartford HealthCare spokesperson Tina Varona responded via email, stating, “We are unable to provide comment on pending litigation.” Representatives at Connecticut Orthopaedics declined to comment, and attorneys representing Dr. Bernstein and the orthopedic group did not respond to email inquiries. The lawsuit was filed with supporting documentation from a board-certified orthopedic surgeon who reviewed the case, as required by state law for medical malpractice claims.

Specific Safety Protocols Bypassed

The lawsuit details multiple safety checks that should have prevented this error. Standard operating room procedure requires a “time out” before surgery, where the team verifies the correct surgical site, reviews imaging, and confirms the appropriate implant. The surgical team must also mark the correct surgical site and verify implant specifications against the surgical plan. According to the legal complaint, these verification steps were either skipped or improperly documented. The pre-populated electronic medical record templates at St. Vincent’s Medical Center may have contributed to this oversight by automatically indicating these safety checks were completed when they weren’t.

Impact on Daily Living

Michael Zavaglio’s medical records indicate the misplaced implant has severely impacted his mobility and quality of life. When implanted in the left knee, the right knee prosthetic creates abnormal mechanical forces during walking and standing. This misalignment causes the distinctive snapping of the knee joint mentioned in the complaint. The lawsuit describes how routine activities like climbing stairs, sitting for extended periods, or walking on uneven surfaces have become challenging for Zavaglio. His pre-existing multiple sclerosis condition further complicates these mobility issues.