Attorneys Gary Fox and Michael Levine represent the parents of Ryan Costello. Prior to his death, Ryan was a standout baseball player. In preparation for spring training, Ryan underwent a routine physical which revealed a serious but treatable heart condition known as Wolff-Parkinson-White Syndrome, or WPW. Unfortunately, the team doctor did not tell Ryan about the condition, so it went untreated and ultimately caused his death months later. We filed suit against the team doctor, Dr. David Olson, in order to hold him accountable and prevent these tragedies from happening again.
We’ve gathered evidence that Dr. Olson examined Ryan before his death and declared him fit for spring training despite clear signs that Ryan had a potentially fatal heart condition. Dr. Olson’s examination included an electrocardiogram (ECG) that showed clear signs Ryan had a potential heart problem; his ECG results even bore the label “WPW” in the corner. Instead of investigating further or ensuring Ryan delay training until his heart problem could be treated, Dr. Olson cleared Ryan to play.
The doctor—who flew to Florida to perform the physical—argued he was not subject to jurisdiction in Florida. The Court disagreed, allowing this case to move forward into discovery.
The Case Finally Moves Forward
The accidental death of any person is tragic, but Ryan’s story is more heartbreaking considering he was on the cusp of achieving his dreams. He’d been traded to the Minnesota Twins and was sent to the minor league farm team; it was clear to everyone around him that the 22-year-old had a bright career ahead of him. In 2019, Ryan was sent to a developmental league to hone his skills. One morning, his teammates found his body in his hotel room. He’d died in his sleep.
But the most heartbreaking fact in this case is that Dr. Olson could have simply done his job and provided Ryan with care; WPW is highly treatable. For reasons we can’t fathom, neither Ryan nor his team was notified of his condition because Olson marked his examination as “Normal” across the board.
With the case moving forward, we’ll finally have a chance to get justice for Ryan. “Ryan’s parents have suffered and continue to suffer as they grieve the loss of their son. Ultimately, a Lee County jury will determine the appropriate compensation for their damages,” Gary Fox said to Daily Business Review.
“The case was referred to a magistrate, who recommended that the motion be denied as to Dr. Olson and granted as to the practice,” Michael Levine said. “Interestingly, Dr. Olson tried to argue that as a team doctor he could not be brought into court in Florida, despite the fact that he performed the evaluation here. The court did not agree.”
Our firm filed multiple suits against Olson for his negligence and reckless treatment of Ryan, which resulted in his heartbreaking and preventable death.