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
Medical Malpractice
Huge Medical Malpractice Wrongful Death Case Damages Verdict Reduced by Trial Judge
On November 22, 2002 Edward Beloyianis, then 14 years old, underwent spinal surgery at Columbia Presbyterian Medical Center intended to correct long-standing severe congenital scoliosis.
He came out of the surgery paralyzed from the waist down.
In his ensuing medical malpractice lawsuit, plaintiff claimed that that the surgeon and hospital should have sent Edward…
Verdict Against Hospital Affirmed in Bed Sore Case
Robert O’Connor, then 77 years old, was admitted to Kingston Hospital on December 26, 2008 from the office of his physician when he was noted to be dehydrated and hypotensive subsequent to a several week history of loss of appetite and generalized weakness with nausea and vomiting. Within two days, he was diagnosed with multiple…
New Liability Trial Required in Medical Malpractice Spinal Injury Case [SEE UPDATE BELOW]
On September 1, 2010, while at work as a physical therapy assistant, Arlene Daniele, then 59-years-old, felt a twinge in the area of her lower back. The next day, she felt pain when attempting to walk. She went that day to see a pain management physician and was diagnosed with lumbar enthesopathy (inflammation) and myalgia…
Medical Malpractice Verdicts on Liability and Damages Upheld on Appeal against Obstetrician-Gynecologist
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…
Judgment Against Chiropractor Affirmed
On April 20, 2011, Thomas Tornatore, then 51 years old, was wrestling with his nephew when he sustained an injury to the base of his neck. Five days later, Mr. Tornatore sought treatment from a chiropractor. After his fourth and final treatment, which included chiropractic manipulations, he had severe pain in his neck that…
Infant’s Medical Malpractice Pain and Suffering Award Slashed
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.…
Punitive Damages Assessed in Medical Malpractice Case
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.
Dr. Mercado’s Office (in the basement of her sister’s house)…
Medical Malpractice Verdict in favor of Colonoscopy Patient Affirmed as to Liability and Damages
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…
Pain and Suffering Verdict Affirmed for Scar on Infant’s Cheek
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…