Cases of Note
Michael Swanson v. Northern Westchester Hospital Center, Women’s Medical Associates, PLLC., and Carla Eng-Kohn, M.D., NO. 16743/07
Verdict (P) $60,939,847
On October 10, 2003, Plaintiff was born. The delivery was performed by defendant obstetrician/gynecologist at defendant hospital. During the delivery, the obstetrician encountered a dystocia, a condition that occurs when the mother’s public bone entraps one of the baby’s shoulders. The dystocia was relieved and the delivery was completed, however, doctors ultimately determined that the plaintiff suffered brain damage.
The jury found that the Plaintiff’s obstetrician and the hospital staff failed to timely relieve shoulder dystocia. The jury also found that this negligence caused the infant to suffer permanent brain stem damage resulting in residual injuries including developmental delays, speech impairment and aspiration pneumonitis.
Shania-Gay Ffrench v. Montefiore Medical Center, Stephen T. Onesti, MD, Guillaine Agnant, MD, Mt. Vernon OB/GYN Assoc., Keith S. Edwards, MD, Gary C. Guerrino, MD, the Mt. Vernon Hospital and Craig Bauer, MD., NO. 14401/02
Verdict (P) $47,950,000.00
On February 3, 2000, Plaintiff, a 21-year-old mother of two, presented to defendant hospital with back pain which radiated down her legs. She also reported a history of headaches and weight loss. Doctors suspected uterine fibroids and told Plaintiff to follow up with her internist. After examination, Plaintiff’s internist suspected Plaintiff was suffering from scoliosis and referred Plaintiff to an orthopedist. Plaintiff was unable to see the orthopedist because he did not accept her insurance. Plaintiff had two subsequent reexaminations by her internist. In January 2001, Plaintiff sought treatment from a new internist who recommended a neurological evaluation. She also begin treating with a chiropractor. In July 2001, an MRI scan revealed that the Plaintiff’s pain was a product of an intramedullary astrocytoma (spinal tumor). The tumor was unable to be removed until 2007. Plaintiff is largely confined to a wheelchair, as she suffers residual deficits of her legs’ motor skills and sensory ability. She claimed that the tumor should have been diagnosed in February 2000 and that prompt treatment would have prevented her residual injuries.
The jury awarded $47.95 million dollars to Plaintiff, finding that her original internist failed to diagnose the astrocytoma and further failed to timely refer her to a specialist for work up for her complaints resulting in permanent paralysis of her legs. During the trial, several defendants (OB/GYN, Chiropractor, Second Internist, and Hospital) settled with the Plaintiff.
Howard G. Hindin v. Ian Weollett, Andrew Krumerman, Hasan Garan, and NY Presbyterian Hospital, Columbia Presbyterian Medical Center, NO. 112495/06.
Verdict (P) $1,183,000.
In November 2003, plaintiff underwent a cardiac catheter ablation procedure to treat a right atrial flutter. Plaintiff previously underwent a similar procedure in March 2003 to treat a left atrial flutter. During the March procedure, the defendant used a lasso catheter to isolate and protect the pulmonary veins in the left atrium following a transseptal approach. Shortly after the March 2003 procedure, plaintiff developed an arrhythmia. Defendant believed that the plaintiff was suffering a flutter but as defendant began to perform a right atrial procedure, he discovered that plaintiff was actually suffering from a fibrillation in the left atrium. After discovering plaintiff’s left artium fibrillation, he performed a transseptal catheterization without the use of a lasso catheter to protect Plaintiff’s pulmonary veins. In December 2003, plaintiff underwent a CAT scan and was diagnosed with the beginning states of pulmonary vein stenosis. Upon returning in March 2004, Plaintiff’s pulmonary vein stenosis progressed, leaving one of the two pulmonary veins from his lung completely closed and the other approximately 80% closed. In September 2004, plaintiff was referred to a specialist where an angioplasty was performed in the attempt to place a stent, but was unsuccessful resulting in the partial loss of use of his left lung.
The jury found plaintiff’s cardiologist negligently performed a transseptal cardiac catheterization procedure without obtaining his patient’s informed consent. During the trial, the jury found the cardiologist failed to protect the pulmonary veins from scarring and as a result the Plaintiff suffered pulmonary vein stenosis and partial loss of left lung capacity.
Nero Velez v. Westchester County Medical Center et al., No. 13060/98
Verdict: (P) $1,350,000.00
Plt., a 62-year-old retiree, underwent a right-sided hernia repair, which was performed by Deft. at Westchester County Medical Center on 6/27/97. During the procedure, Deft. also operated on Pltf.’s left side and changed the surgery from an open repair with local sedation to a laparoscopy. Pltf. claimed malpractice and lack of informed consent. He claimed that Deft. did not inform him that he might perform work on the left side as well as the right side or that he was going to perform a laparoscopy. Pltf. contended that he had numbness and pain in the groin and lower left extremity following the procedure. The court dismissed the claims against Deft. Hospital prior to jury deliberations, finding that the hospital was not responsible for the actions of the Deft. doctor.
Deft., argued that he obtained Pltf.’s proper informed consent and that he told Pltf. That he suspected problems with the left side prior to the operation. He denied that Pltf. made any complaints of pain and numbness for 1 year following the procedure, after which time Pltf. was diagnosed with left femoral neuropathy. Deft. testified that he placed two surgical tacks to attach mesh on the right and left side, but Pltf. submitted a post-operative X-ray that showed that he had 17 surgical tacks and five surgical clips in the vicinity of the femoral nerve, which Deft. had previously denied placing. Pltf. continues to undergo minimal treatment for chronic pain complaints.
Jose and Lillian Garcia as p/n/g of Jesse Garcia v. Rosario Bascon, No. 14202/99
Settlement: $2,300,000.00
On April 10, 1997, infant plaintiff, 4, presented to the emergency room of Lawrence Hospital Center in Bronxville, N.Y. Garcia exhibited symptoms of an ear infection. The doctors prescribed an antibiotic, and Garcia was released.
The next day, infant plaintiff returned to the emergency room, with symptoms and complaints of persistent vomiting, diarrhea, increased lethargy, and ear and neck pain.
Infant plaintiff remained in the emergency room overnight. The following morning, his treating pediatrician ordered a spinal tap, and he was diagnosed with pneumococcal meningitis.
The plaintiff’s claimed that the delayed diagnosis of pneumococcal meningitis caused a hearing loss.
Prior to the trial, actions were dismissed against other defendants, doctors and Lawrence Hospital Center.
Theresa Conklin v. Frank Sparks and New York Medical Group, NO. 15865/99
Settlement: $750,000.00
Plaintiff, 36, a homemaker, underwent a laparoscopic cholecystectomy, which was performed by defendant doctor. Two weeks later, plaintiff experienced abdominal pain and nausea. She was diagnosed with a stricture of the common bile duct.
Plaintiff contended that the stricture was caused by the misplacement of a surgical clip. Defendant doctor contended that a stricture is a known risk of a laparoscopic cholecystectomy. He added that the stricture was caused by an intra-operative cautery that was administered to control bleeding.
The action against New York Medical Group was discontinued.
Mediation: $14,000,000.00
In August 1995, plaintiff underwent In Vitro fertilization. The procedure was performed by a doctor at New York University’s In Vitro Clinic.
Obstetrical sonography indicated the potential for the onset of premature labor. Plaintiff was hospitalized at New York University Medical Center shortly thereafter. She went into premature labor and delivered triplets over the ensuing six days. The children were born with cerebral palsy and other disabilities.
In addition to the mediation settlement the plaintiffs reached a pretrial settlement with a defendant radiologist and her employer monetary terms were not disclosed.
Howard R. Hoehmann, Sr. Deceased by George Hoehmann as Executor of the Estate v. Nyack Hospital, Robert Siebkin, et al, No. 539/02
On April 12, 2000, plaintiff’s decedent, 69, a semi-retired construction contractor, presented to defendant hospital and was diagnosed with pneumonia. He had a history of chronic obstructive pulmonary disease and diabetes. He was placed on Zithromax and cephalexin, standard antibiotics with a known side effect of Clostridium difficile, an aggressive colon bacteria.
Two days later, plaintiff complained of constipation. On April 17, he was then examined by Dr. James Vela, who determined that the pneumonia was resolving. Shortly thereafter, he was transferred to the intensive-care unit suffering pseudomembranous colitis. On April 21, he died of pancolitis with toxic megacolon.
Plaintiff’s estate commenced a medical malpractice, wrongful death suit against the hospital and the treating gastroenternologist. The estate alleged that the defendants failed to diagnose and appreciate the evidence of a collapsed colon.
Bruno Marus v. Michael Grill, Patrice T. Passidomo, Village Medical, Mark Glicklich, Northeast Radiology of Connecticut, Adam Semegran and Vincent J. Bosco, No. 2905/03
Verdict: (P) $1,300,000.00
On Nov. 5, 2002, plaintiff’s decedent, 72, a self-employed architect, presented to defendant Group to consult with a physician for ongoing back pain and a large mass located on his back. He was examined by a physician and a physician’s assistant. The diagnosis was a hematoma in the paraspinal musculature and ordered an MRI and a CT scan. They physician’s assistant then scheduled with defendant surgeon for a tissue biopsy of the spinal mass.
On or about December 11, plaintiff presented to New Milford Hospital, in Connecticut, after suffering urinary retention. Over the next two days, plaintiff underwent an MRI and a biopsy. While at the hospital, plaintiff suffered paralysis from the waist down, as a result of spinal cord compression. He was finally diagnosed with a large B-cell lymphoma.
Plaintiff’ sister, acting individually and on her brother’s behalf, sued the defendant Group, surgeon and physician’s assistant. The plaintiffs alleged that the defendants failed to timely diagnose plaintiff’s lymphoma.
Plaintiff’s treating oncologist testified that had a biopsy been performed as late as Dec. 10, paralysis would have been avoided. He further-testified that a delay in diagnosis contributed to Plaintiff’s death.
The defendants contended that a five-week delay in the diagnosis of lymphoma had no effect on the ultimate prognosis.
The defense’s surgery expert testified that there was no indication to perform a biopsy and no clear instructions that the consult was for a biopsy. Finally, he testified that plaintiff would have suffered paralysis with or without the biopsy.
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