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Category Archives: Medical Malpractice

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Significant Pain and Suffering Verdict Upheld on Appeal in Eye Surgery Case

Posted in Eye and Vision Injuries, Medical Malpractice

On March 25, 2004, Johnson Devadas, a 25 year old pharmacist, consulted with ophthalmologist Kevin Niksarli, M.D. to determine his candidacy for Laser-Assisted In-Situ Keratomileusis (known as LASIK – a procedure that uses a laser to correct certain vision problems and reduce a person’s dependence on glasses or contact lenses). Dr. Niksarli evaluated Mr. Devadas… Continue Reading

Medical Malpractice Award Slashed on Appeal

Posted in Medical Malpractice

Adelei Padilla, a 31 year old administrative assistant, had been feeling right flank pain for several weeks when she was referred to a surgeon who diagnosed her with symptomatic cholelithiasis (gallstones). Accordingly, on March 30, 2009, she  underwent a laparoscopic cholecystectomy (gallbladder removal surgery) at  Montefiore Medical Center in the Bronx. She was discharged to… Continue Reading

Substantial Awards in Medical Malpractice Case for Pre-Death Pain and Suffering and Costs of Care of Decedent’s Disabled Adult Child

Posted in Medical Malpractice, Wrongful Death

On Wednesday June 18, 2008, Nam Yoon Lee woke up with stabbing pain on the right side of his stomach. He went with his wife to the emergency room at a hospital in Queens where morphine was administered, tests led to a diagnosis of gallbladder disease and a plan was made to surgically remove his… Continue Reading

Jury’s Failure to Award Future Pain and Suffering Damages Overturned in Breast Cancer Medical Malpractice Case

Posted in Medical Malpractice

Diane Abbatantuono was diagnosed with breast cancer in 1989 at which time she was treated with a lumpectomy, axillary lymph node dissection and five years of medicine. In March 2007, after 18 years of remission, breast cancer was found again. Then 56 years old, Ms. Abbatantuono treated with breast surgeon Susan K. Boolbol, M.D. who… Continue Reading

Appellate Court Orders Significant Reduction of Pain and Suffering Verdict for Newborn who Sustained Loss of Fingers in Medical Malpractice Case

Posted in Amputation Injuries, Medical Malpractice

After only 23 1/2 weeks gestation, Zalaya Tart was born prematurely at St. Barnabas Hospital in the Bronx on April 29, 2005. She weighed only 542 grams (1.1 pounds) and was just on the edge of being able to survive. Zalaya had a host of life-threatening medical problems associated with her extreme prematurity and low… Continue Reading

Damage Awards Affirmed in Wrongful Death Medical Malpractice Case

Posted in Medical Malpractice, Wrongful Death

Hermine Browne, a 58 year old nurse’s aide, was experiencing excruciating stomach pain when she went to see her internist on February 17, 2001. The doctor diagnosed her with irritable bowel syndrome and prescribed medication. Unfortunately, the pain continued (and the same diagnosis was made) through March of 2002 when a sonogram and then a… Continue Reading

Appellate Court Upholds $2,100,000 Pain and Suffering Award in Medical Malpractice Case

Posted in Medical Malpractice

On October 19, 2007, Kelly Butterfield underwent a unilateral oophorectomy -  laparascopic surgery to remove one of her ovaries. Ms. Butterfield, a 46 year old unemployed woman from Syracuse, was advised by her doctor that the surgery would be routine, take about an hour and she’d be discharged to home on the same day. Unfortunately,… Continue Reading

Nursing Home Negligence Causes Pressure Ulcers; Substantial Pain and Suffering Damages Verdict Affirmed on Appeal

Posted in Medical Malpractice

Tragedy struck Gualbert Alvarez twice in his young life. On July 15, 2001, he  dove into shallow water and struck his head, causing spinal cord damages, which left him permanently paralyzed from the neck down.  He was 24 years old. Gualbert was rushed to Jamaica Hospital where he was in a coma for three months… Continue Reading

Court Affirms Medical Malpractice Verdict for Failure to Diagnose and Treat Compartment Syndrome but Orders Significant Damages Reduction

Posted in Amputation Injuries, Medical Malpractice

On September 24, 2000, Thomas Burke fell from his wheelchair and injured his left foot. Mr. Burke, then 57 years old, had been afflicted with progressive multiple sclerosis for 20 years and had been wheelchair-bound since the mid-1990s. A week after he fell, Burke consulted with the first of several doctors about continuing leg pain…. Continue Reading

Spinal Injuries from Kidney Donor Surgery Result in Significant Pain and Suffering Award

Posted in Back Injuries, Medical Malpractice, Neck Injuries

On March 23, 2005, Darnell Backus underwent a donor nephrectomy – (surgery in which a healthy kidney is removed to be transplanted in another person). He did this for his mother who had been suffering from kidney failure and would otherwise have required a lifetime of dialysis. Left side lateral decubitus position for kidney donor… Continue Reading

$60 Million Medical Malpractice Pain and Suffering Verdict Reduced on Appeal to $600,000

Posted in Medical Malpractice

Allison Hugh was 380 pounds in 2002 when she underwent successful gastric bypass surgery. Reduced to 185 pounds, the then 38 year old  Ms. Hugh was left with massive amounts of excess skin on her arms, abdomen and thighs. To remove the unsightly and uncomfortable excess skin on her thighs,  medial thigh lift surgery was… Continue Reading

Medical Malpractice Verdict Reduced by Appellate Court from $4,500,000 to $2,000,000 in Hysterectomy Case

Posted in Medical Malpractice

On March 22, 2006 Alice Silverberg was admitted to Maimonides Hospital Center in Brooklyn. Up to that point, she was an active 78 year old woman in generally good health but with a prolapsed uterus which brought her to the hospital for an elective vaginal hysterectomy. Anamaria Guzman, M.D., attempted to anesthetize Ms. Silverberg so… Continue Reading

Emotional Distress Verdict of $1,000,000 Upheld for Mother in Medical Malpractice Stillborn Case

Posted in Medical Malpractice, Psychological Damages

On July 1, 1997, a 24 year old woman, pregnant at seven months with her first baby, went into precipitous labor at home. Lucia Ferreira and her husband had been excited about the birth of their first child (a girl) but tragedy was about to unfold – the baby was in a footling breech position… Continue Reading

$3,000,000 for 11 Months of Pre-Death Pain and Suffering Affirmed in Medical Malpractice Case

Posted in Brain Injuries, Loss of Consortium Damages, Medical Malpractice, Wrongful Death

Theresa Capwell was 33 years old and in good health when she started experiencing abdominal pain. She was diagnosed with pancreatitis (an inflammation of the pancreas) and admitted to Westchester Medical Center on September 18, 2000. Within five days of her hospital admission, Theresa suffered acute respiratory distress and she was placed on a ventilator…. Continue Reading

Pre-Death Pain and Suffering Verdict of $3,500,000 Upheld on Appeal in Death of Ten Year Old Girl

Posted in Medical Malpractice, Wrongful Death

  Anna Gloria Rivera was born in 1988 and within three months she was diagnosed with asthma (a chronic inflammatory disease of the airways). Growing up, she used a nebulizer with Albuterol to alleviate her symptoms but from time to time suffered from asthma attacks that would sometimes end up with emergency room treatment before she’d be released back to her… Continue Reading

Pre-Death Pain and Suffering Verdict of $3,000,000; Case Dismissed on Appeal

Posted in Medical Malpractice, Wrongful Death

Tragedy struck on January 28, 2004 when four year old Nico Rivera died. He’d fallen ill on December 22nd with what appeared to be flu-like symptoms and over the next 4 1/2 weeks, his parents took him several times both to and from his pediatrician’s office and the hospital. After his second seizure, Nico stopped… Continue Reading