Roberts v. New York City Health and Hospitals Corporation
Kings County Supreme Court
$10,000,000 past pain and suffering; $11,500,000 future pain and suffering; $326,849.15 Past Medical Expenses; and $7,534,268 Future Medical Expenses.
Mr. Roberts was brought to a New York City Health and Hospitals Corporation hospital after a hit and run car accident. Mr. Roberts was treated for a broken ankle and a minor head injury. While in the hospital, Mr. Roberts suffered an acute on chronic subdural hematoma with mass effect and midline shift leading to emergency surgery to relieve the pressure on his brain. As a result of the pressure, Mr. Roberts suffered a stroke and brain damage and was left with hemiplegia, dementia and need for 24/7 care. The claims in the case involved the failure to timely and properly diagnose and treat the subdural hematoma.
Ramratan v. Long Island Jewish Medical Center
Queens County Supreme Court
Ms. Ramratan presented to Long Island Jewish Medical Center after a biopsy revealed endometrial cancer. While at the hospital, Ms. Ramratan underwent a staging procedure to determine the extent of the cancder. The surgery revealed extensive cancer with metastasis throughout the abdomen and pelvis and subsequent CT-scans suggested cancer in the lungs and liver. Ms. Ramratan had stage IVB cancer. During the surgery a colon resection with anastomosis was performed due to tumor in the colon.
Post-operatively Ms. Ramratan developed tachycardia, a rising white blood cell count and low urine output, all signs of an intra-abdominal infection. A CT-scan was not ordered until 3 days after these signs presented themselves. As a result of the delay in diagnosis of the post-operative infection, Ms. Ramratan became septic. She required numerous subsequent surgeries, including colostomy, wound Vac and tracheostomy. After 3 months in the ICU Ms. Ramratan was found unresponsive due to an anoxic brain injury because she could not clear her secretions from the tracheostomy. Upon recommendations from the physicians at the hospital, the family withdrew supportive care. Ms. Ramratan left behind a husband of approximately 30 years and a 23 year old son.
The breakdown of the jury verdict was as follows: $3 million pain and suffering
$750,000 past loss of parental guidance; $20,000 past loss services to son; and $200,000 past loss of services to husband.
Mahamad v. Mosberg, NY Hospital Medical Center of Queens
Queens County Supreme Court
Ms. Mahamad presented to her gynecologist for a routine annual visit with no complaints. As part of the routine visit, a transvaginal ultrasound was ordered to screen for ovarian cancer. The transvaginal ultrasound reported a small amount of pelvic free fluid in the sac which represented a new finding for Ms. Mahamad. Defendant, Mosberg, informed Ms. Mahamad that the test was normal. Approximately 9 months later Ms. Mahamad presented to the emergency room with complaints of abdominal pain and a CT-scan revealed extensive fluid and peritoneal carcinamatosis. During a subsequent tumor debulking surgery it was revealed that Ms. Mahamad had 4 liters of fluid and extensive ovarian cancer, staged at IIIC.
It was our contention that Dr. Mosberg was negligent and failed to be reasonably careful under the circumstances in that he failed to properly work up and investigate the new finding of pelvic free fluid on the ultrasound by ordering a tumor marker test. That had such a work up been performed, Ms. Mahamad would have been diagnosed at stage 1C with a much better chance of survival and less rounds of chemotherapy.
As a result of the delay in diagnosis, Ms. Mahamad endured pain and suffering and loss of enjoyment of life which included multiple hospitalizations, seizures, hypoglycemic brain injury, inability to tolerate foods and liquids, multiple rounds of chemotherapy, pressure ulcers, the need for 24 hour home health aids and a wheelchair and ultimately confinement to a nursing home before her death. She left behind two adult children.
The breakdown of the jury verdict was as follows: $2,000,000 – pain and suffering; $500,000 to surviving adult daughter for past loss of services and guidance; $500,000 to surviving adult son for past loss of services and guidance; $25,000 to surviving adult son for future loss of services and guidance; $25,000 to surviving adult son for future loss of services and guidance; $20,158.52 – for past medical expenses paid by Medicare; $430,984.10 – for past medical expenses paid by Medicaid.
Molina v. Goldberg, Westchester Medical Center, et al
Westchester County Supreme Court
Mr. Molina presented on a Friday night to the emergency room at Westchester Medical Center with complaints of chest pain and shortness of breath following a recent motor vehicle accident. An EKG performed in the emergency room revealed questionable ischemia involving the heart. Over the course of the weekend Mr. Molina continued to have these complaints. Cardiology consults were ordered, but were a consult was not performed until approximately 1:00AM on Monday morning. A cardiology fellow performed the cardiology consultation. The cardiology fellow never contacted the attending on call and chose to pursue a work up for a pulmonary embolism, rather than a work up to rule out an evolving heart attack. Mr. Molina was not brought to the cardiac catheterization lab until the late afternoon on Monday. By the time they brought him to the cardiac catheterization lab to open his blocked coronary artery, his cardiac enzymes were very high, indicating extensive cardiac muscle damage.
It was our contention at trial that the defendants were negligent in failing to timely and properly diagnose and treat Mr. Molina’s heart attack. Specifically, the defendants were negligent in failing to timely get a cardiology consultation performed on Mr. Molina over the weekend. And, once a cardiology consultation was performed the fellow was negligent in failing to get an attending cardiologist involved to pursue a work up and treatment for the ongoing heart attack, which would have included immediate cardiac catheterization.
Following Mr. Molina’s discharge from the hospital he lived for another approximately 4 years. During that time he was unable to work and enjoy his life due to acute exacerbations of his heart failure which left him short of breath, swollen, tired, and on supplemental oxygen. His heart function worsened and he required a LVAD as a bridge to a heart transplant. During this time of his life he was required to wear a battery pack vest or be plugged into a wall outlet so that the LVAD could mechanically assist with the pumping of his heart. Eventually, he developed a clot in the LVAD, which required anticoagulation, and as a result Mr. Molina suffered a hemorrhagic stroke and died. At the time of his death he was 39 years old and left behind 2 children: ages 1 and 20.
The breakdown of the jury verdict was as follows: $1,000,000 – emotional pain and suffering; $1,000,000 – pain and suffering and loss of enjoyment of life; $200,000 – past lost income; $150,000 – past loss of services; $200,000 – past loss of parental; guidance and assistance; $400,000 – future loss of income; $200,000 – future loss of services; $500,000 – future loss of parental guidance and assistance; and $669,143.34 – for past medical expenses paid for by workers compensation.
Castillo v. MTA Bus Company
Queens County Supreme Court
Ms. Castillo, a 72 year old native of the Dominican Republic fell down on an MTA Bus Company bus and injured herself. The allegations in the case were that the bus driver was negligent and failed to use reasonable care under the circumstances when she suddenly, unexpectedly and violently pulled away from the bus stop immediately after Ms. Castillo paid her fare. When the bus driver pulled away, Ms. Castillo fell and injured several parts of her body, including her head, neck, back, shoulders, knees, and hips. A jury unanimously found that the bus driver was negligent and that Ms. Castillo had no comparative fault in the accident. In a separate jury trial the jury awarded Ms. Castillo money compensation after hearing evidence that she required surgery for a torn meniscus and a future knee replacement; had permanent post-concussion syndrome with headaches and cognitive impairment; had permanent limitations to her neck and back; and required approximately a year and a half of physical therapy.
The breakdown of the jury verdict was as follows: $500,000 past pain and suffering; and $1,000,000 future pain and suffering.
Bianco v. Sherwin
Nassau County Supreme Court
It was alleged that the defendant obstetrician departed from good and accepted standards of medical practice by not properly managing the labor and delivery of the mother and child. Specifically, the claims involved the obstetricians failure to properly use a vacuum extraction device to help deliver the child. We successfully contended that as a result of the improper use of the vacuum extractor, the child suffered unnecessary trauma resulting in a subdural hematoma and permanent neurological injury.
The breakdown of the jury verdict was as follows: $250,000 past pain and suffering; and $1,500,000 future pain and suffering