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Category Archives: Medical Malpractice

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Medical Malpractice Verdicts on Liability and Damages Upheld on Appeal against Obstetrician-Gynecologist

Posted in Brain Injuries, Medical Malpractice

Anthony Bianco was born on December 31, 1999 at Winthrop University Hospital in Mineola. He was delivered by means of a vacuum extraction under the supervision of Steven Sherwin, M.D., an obstetrician-gynecologist. Years later, Anthony’s mother, Mauro Bianco, commenced a medical malpractice lawsuit against her physician claiming that Dr. Sherwin improperly performed the vacuum extraction… Continue Reading

Infant’s Medical Malpractice Pain and Suffering Award Slashed

Posted in Medical Malpractice

On February 23, 2009, at Mercy Medical Center in Rockville Centre, Nylah Hollingsworth was born prematurely at 26 1/2 weeks of gestation. Two weeks later,Nylah was diagnosed with necrotizing enterocolitis (NEC), an acute infection of the intestine sometimes seen in premature infants. Nylah’s mother sued the hospital claiming that it negligently caused NEC. On September… Continue Reading

Punitive Damages Assessed in Medical Malpractice Case

Posted in Medical Malpractice, Punitive Damages

On October 26, 2009, when six year old Claudialee Gomez Nicanor was examined by her pediatrician, a test revealed that her blood had an excessive amount of glucose so she was referred to an endocrinologist in Elmhurst, Dr. Arlene Basa Mercado. On October 31, 2009, Dr. Mercado examined Claudialee and diagnosed obesity and impaired tolerance of… Continue Reading

Medical Malpractice Verdict in favor of Colonoscopy Patient Affirmed as to Liability and Damages

Posted in Medical Malpractice

On July 30, 2008 Raymond Gaspard, then 59 years old, underwent his first colonoscopy. A suspicious polyp was discovered and Mr. Gaspard was referred to a colorectal surgeon who performed a second colonoscopy the next day. The polyp was too large to remove at that time; instead a CT scan was scheduled for five days… Continue Reading

Pain and Suffering Verdict Affirmed for Scar on Infant’s Cheek

Posted in Medical Malpractice, Scars

On August 25, 2011 Erica Abreu was admitted to Montefiore Medical Center in the Bronx for an elective Caesarean section. The delivery, by two obstetrician-gynecologists, took only about 15 minutes and Stanley Pina was born without any complications except for a laceration on his cheek. Mother and child were discharged to home three days later…. Continue Reading

Huge Pain and Suffering Award Slashed in Infant Brain Damage Case

Posted in Brain Injuries, Medical Malpractice

Shannon Reilly was born on November 1, 2002 at St. Charles Hospital in Port Jefferson. Doctors quickly noticed Shannon was suffering seizures and she was later determined to be suffering from cerebral palsy. In the ensuing lawsuit against the hospital and the obstetrician, Shannon’s parents claimed that her delivery was improperly managed allowing a hypoxic… Continue Reading

Above-Knee Amputation Verdict Affirmed in Medical Malpractice Case

Posted in Amputation Injuries, Loss of Consortium Damages, Medical Malpractice

On October 10, 2004, Donald Schultz twisted his ankle walking up the stairs at work (he was a 36 year old police dispatcher for the City of Tonawanda) and sustained a simple, non-displaced ankle fracture.  He was treated at the local hospital with a brace and instructed to follow up with an orthopedic surgeon. Mr…. Continue Reading

Verdict Affirmed in Delayed Diagnosis Medical Malpractice Death Case

Posted in Medical Malpractice, Wrongful Death

Bennett Rose underwent three colonoscopies – on January 3, 2003, December 14, 2006 and October 11 2007, each indicating the presence of polyps (which were removed), none indicating any malignancy or cancer. About two months after the third test, though, Mr. Rose, then 72 years old, started feeling unusually weak and tired. He was diagnosed… Continue Reading

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