On August 10, 2012, Audrey Appleyard underwent arthroscopic surgery to repair a torn meniscus in her knee. The surgery was performed properly and uneventfully and Ms. Appleyard, then 59 years old, was discharged home that evening. A week later, though, she presented to the emergency rom at Vassar Brothers Hospital in Poughkeepsie complaining of
Medical Malpractice
Medical Malpractice Results in Chemical Burn to Skin
In March 2009, Rakefet Grullon was admitted to a hospital in Manhasset following the sudden onset of symptoms, including shortness of breath, fatigue and swelling of the neck. A CT scan revealed a very large mass, and a biopsy of the mass confirmed the diagnosis of lymphoma.
Ms. Grullon, then 33 years old, was treated…
Appellate Court Upholds Verdict in Medical Malpractice Case against Eye Surgeon
On December 31, 2013, Carola Rozon, then 65 years old, underwent cataract removal and lens replacement surgery on her right eye. The surgery, using a technique called Phacoemulsification, was unsuccessful and led to vision loss in the eye.
Ms. Rozon, sued her eye surgeon claiming that he was negligent and caused her injuries…
Judgment Affirmed in Medical Malpractice Case for Infant with Brain Damage
On June 1, 2010, Vashti Daisley arrived at Vassar Brothers Medical Center in Poughkeepsie. She was in the late stages of pregnancy and had complaints of decreased fetal movement. After undergoing testing, Ms. Daisley was discharged to home. The next day, she underwent an emergency Caesarean section and her son Kendrick Young was born (at…
Infant’s Medical Malpractice Award Slashed
On June 27, 2012, a two and a half year old boy born with a hole in his heart underwent atrial septal defect repair open heart surgery at Montefiore Hospital in Manhattan. His sternum was sawed and forced open, he was put on bypass while his heart was lifted from his chest and repaired and…
Pain and Suffering Award Slashed in Brain Damage Medical Malpractice Case
On June 11, 2013, Carlyle Roberts was brought by ambulance to Kings County Hospital after being involved in a hit-and-run car crash. He was treated for a fractured ankle and a head injury.
Mr. Roberts underwent surgery for his ankle injury but his hospitalization was extended for weeks because he had symptoms from…
Damages for Mother’s Injury Sustained in Childbirth Affirmed
On November 12, 2011, Cinthia Arcos delivered a healthy baby at Forest Hills Hospital. Her obstetrician gynecologist, Yehuda Bar-Zvi, M.D., delivered the baby utilizing vacuum extraction.
During the delivery, Ms. Arcos suffered a third degree laceration, which means that the laceration involved the anal sphincter. Dr. Bar-Zvi performed a repair and she was…
Appellate Court Increases Some of Trial Judge’s Reduction of Jury’s Pain and Suffering Award in Medical Malpractice Case
On June 29, 2014, Elza Garzon underwent an endoscopy (a procedure used to visually examine the upper digestive system with a tiny camera on the end of a long, flexible tube) performed by Steven Batash, M.D. during which a portion of her small intestine was perforated.
She sued the doctor for medical malpractice and,…
Pre-Death Pain and Suffering Claims Reinstated on Appeal for Patient in Vegetative State
After five years in a nursing home for treatment for several medical issues including chronic urinary tract infections and a stroke, and a month at New York Presbyterian Hospital (“New York Pres.”) in October 2013 where she was treated for respiratory distress and pneumonia, Charlotte Much was transferred to a New York City nursing home…
Damages Affirmed in Case of Medication Error Causing Death of 81 Year Old Hospital Patient
On August 16, 2007, Rose Kij, then 81 years old, had a sudden attack of left-sided weakness and was taken by ambulance from her home in Buffalo to Millard Fillmore Gates Hospital. She was admitted with a diagnosis of transient ischemic attack (similar to a stroke, but usually lasting only a few minutes and causing…

