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
Medical Malpractice
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…
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…