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Category Archives: Medical Malpractice

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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

Dental Malpractice Pain and Suffering Award Increased on Appeal from $25,000 to $150,000 Plus $100,000 in Punitive Damages

Posted in Medical Malpractice

On July 29, 2005, Helen Garber began extensive treatment in a dental office on 57th Street in Manhattan known as Toothsavers, a practice established by Jerry Lynn, with 50 employees including numerous dentists.  Over the next few months, the 71 year old Ms. Garber was treated at Toothsavers under a comprehensive plan that included implants,… Continue Reading

$562,000 Appeals Court Award for Pain and Suffering from Thoracic Nerve Injury Causing Scapular Winging and Disabled Arm

Posted in Arm Injuries, Medical Malpractice, Shoulder Injuries

He was a tough 47 year old steel cutter employed for many years at the Goodyear-Dunlop plant in Tonawanda, New York (the Buffalo-Niagara Falls metropolitan area) when in 2004 he noticed his right arm was swelling. After visits to a local ER and his primary care doctor, Richard Winiarski ended up seeing a vascular surgeon… Continue Reading

$6,500,000 Pain and Suffering Verdict Reduced to $1,000,000 for 32 Year Old Woman who underwent Unneeded Mastectomy

Posted in Medical Malpractice, Psychological Damages

She moved to New York City from Jamaica as a 29 year old and within the year she felt a lump on her left breast. Over the next year and a half, Lydia Williams had mammograms, an excisional biopsy (that revealed cancer), a CT scan and chemotherapy before her doctor told her she needed a… Continue Reading

$1,000,000 Affirmed for 7 1/2 Months of Pre-Death Pain and Suffering; 68 Year Old Underwent Successful Heart Surgery but Post-Op Feeding Tube Caused Stomach Perforation and Leakage Leading to Fatal Cardiac Arrest

Posted in Medical Malpractice, Wrongful Death

On June 11, 2001, Gerald Frenchman, who’d been asymptomatic and in generally good health, underwent routine cardiac testing which revealed coronary artery blockage and valve disease. A triple coronary bypass surgery was successfully done right away but a few months later, he was diagnosed with right sided heart failure. On October 4th, Mr. Frenchman underwent… Continue Reading

Brain Damage from Medical Malpractice at Birth – $56 Million Verdict, including $22 Million for Pain and Suffering, to be Resolved on Appeal

Posted in Brain Injuries, Medical Malpractice

On October 10, 2003, Mary Swanson, then 41 years old, delivered her fourth child, Michael, at a hospital in Mount Kisco, New York. During delivery, shoulder dystocia was encountered (a condition at delivery in which the baby’s shoulder gets hung up on the mother’s pubic bone after delivery of the baby’s head). Here is what… Continue Reading

Pre-Death Pain and Suffering Verdict Slashed by Appellate Court from $5,000,000 to $2,500,000 because Woman in Coma for 4 ½ Years was only “Sporadically Aware” of her Condition

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

On October 3, 1996, Edith Schaffer, then 67 years old, voluntarily admitted herself to a small psychiatric hospital in Ossining, New York, for an episode of depression and anxiety. The next day, she suffered the first of a series of seizures and was sent to a nearby community hospital for a neurological consult and tests…. Continue Reading