Medical Malpractice Vol. 15 Issue 7 • December 2017

D elayed Treatment Cases of Note Failure to administer Failure to Test — Delayed Diagnosis California Decision to place patient on Coumadin was appropriate: doc . . . . .5 blood thinner led to leg amputation: suit Failure to Detect — Failure to Treat — Surgical Error District of Columbia patient: Improper procedure led to nerve damage . . . . . 10

Verdict $40,000,000 P ost-Operative Care — Negligent Treatment Actual $61,606,575 Patient suffered fatal pulmonary embolism weeks after surgery . . . 13

Sfameni v. Ryan D iabetic Care — Hospital — Wrongful Death Maryland Failure to monitor patient’s sodium level led to death: suit . . . . . 22 Providence and Bristol Counties, Superior Court, R.I. Failure to Diagnose — Failure to Monitor Michigan Estate: Doctors failed to detect and treat deadly embolism . . . . . 23 Plaintiff’s Attorney Michael P. Quinn, Jr.; Decof, Decof & Barry, PC; Providence, R.I. D elayed Diagnosis — Delayed Treatment — Eye Surgery New Jersey D efense Attorneys Brian A. Fielding and Delayed diagnosis led to loss of eye, patient contended ...... 25 Jennifer Boyd Herlihy; Adler Cohen Harvey Wakeman & Guekguezian LLP; Providence, R.I. Surgical Error — Oral Surgery New York Dental implant caused blinding injury, plaintiff claimed ...... 29 Full report on page 39 E mergency Room — Ohio Failure to follow instructions led to hysterectomy, per defense . . . .34

Failure to Diagnose — Failure to Treat Pennsylvania Patient had heart attack, not mesenteric ischemia: doctors . . . . . 37

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VerdictSearch Medical Malpractice table of contents

California Delayed Diagnosis Ohio Delayed Treatment Failure to Test Emergency Room Verdict Defense...... 21 Delayed Diagnosis Failure to Communicate Verdict Defense...... 5 Diabetic Care Verdict Defense...... 34 Hospital Prescription and Medication Prescription and Medication Mixed Verdict $2,459,304...... 22 Premature Discharge Wrongful Death Verdict Defense...... 7 Decision Defense...... 35 Mi chigan Connecticut Failure to Diagnose Pennsylvania Delayed Diagnosis Failure to Monitor Breast Cancer Failure to Diagnose Verdict $40,000,000...... 23 Cancer Diagnosis Verdict Defense...... 9 Verdict $375,000...... 36 New Jersey District of Columbia Failure to Diagnose Unnecessary Procedure Failure to Treat Failure to Detect Surgical Error Failure to Treat Verdict Defense...... 37 Verdict $1,200,000...... 24 Verdict $8,000,000...... 10 Delayed Diagnosis Delayed Diagnosis Delayed Treatment Georgia Delayed Treatment Verdict Defense...... 38 Settlement $900,000...... 25 Urological Surgery Prescription and Medication Post-Operative Care Rhode Island Verdict Defense...... 11 Delayed Treatment Delayed Treatment Verdict Defense...... 27 Illinois Failure to Treat Failure to Test Verdict $40,000,000...... 39 Post-Operative Care Failure to Treat Negligent Treatment South Carolina Verdict Defense...... 13 Settlement $1,000,000...... 28 Plastic Surgeon Failure to Communicate New York Failure to Treat Verdict $39,300...... 41 Verdict Defense...... 14 Surgical Error Oral Surgery Failure to Detect Settlement $2,000,000...... 29 Failure to Test et al... Settlement $600,000...... 15 nEGLIGENT tREATMENT Attorney Services Directory...... 42 Verdict Defense...... 30 Surgical Error Index...... 44 sURGICAL eRROR Verdict Defense...... 17 Cosmetic Surgery Dentist Verdict Defense...... 31 Abandonment Verdict $899,614...... 19 Infection Control Failure to Test Maryland Verdict Defense...... 32 correction policy: We urge readers to report any Neurosurgeon Failure to Refer factual errors. A correction will be prominently placed in an upcoming issue. Please telephone Failure to Test Tim Heinz, editor, at 212-457-9562, or send an Verdict $528,338...... 20 Verdict Defense...... 33 e-mail to [email protected].

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California a CT scan of the head revealed blood in the right frontal subarachnoid space. The attending physician at Kaiser had intended to Failure to Test anticoagulate Prajapati with intravenous Heparin, an Delayed Diagnosis anticoagulant, and aspirin in response to the atrial fibrillation with a rapid ventricular response. However, when she Decision to place patient on learned about the blood in the right frontal subarachnoid space, the physician held anticoagulation and consulted Coumadin was appropriate: doc with a neurosurgeon, Dr. Tina Lin, who recommended a CT scan be repeated to confirm the presence of the blood Verdict D efense in the right frontal subarachnoid space. The repeat CT scan was performed on April 26, 2013, and the same finding was Case Vimlaben Prajapati and Babubhai Prajapati present. As a result, Prajapati was transferred to AHMC v. Kyoung A. Kim, M.D., and AHMC Anaheim Regional Medical Center the next day and went Anaheim Regional Medical Center, back under the care of Kim. No. 30-2014-00720524-CU-MM-CJC Even though the records at Kaiser indicated that the Court Superior Court of Orange County, information regarding blood being seen in the right, frontal Orange, CA subarachnoid space had accompanied Prajapati to AHMC Judge Ronald L. Bauer Anaheim Regional Medical Center at the time of transfer, Kim De at 10/17/2017 placed Prajapati on Coumadin. Subsequent treaters requested for consultation by Kim diagnosed Prajapati with presumed Plaintiff endocarditis. However, Prajapati remained on Coumadin Attorney(s) T. Gabriel Houston, Hodes Milman at the time of discharge, on May 3, 2013, even after the Liebeck, LLP, Irvine, CA additional diagnosis of presumed endocarditis was reached. D efense On May 6, 2013, Prajapati suffered a massive intracerebral Attorney(s) Sidney J. Martin, Schmid & Voiles, hemorrhage and stroke. She was taken to St. Joseph’s Orange, CA (Kyoung A. Kim) Hospital of Orange for treatment following her severe Terrence J. Schafer, Doyle Schafer hemorrhagic stroke. The treating neurologist at St. Joseph’s McMahon, LLP, Irvine, CA (Chest and documented her suspicion that a ruptured mycotic aneurysm Critical Care Consultants) caused the stroke, given Prajapati’s history of bacteremia. None reported (AHMC Anaheim Regional Prajapati initially sued Kim and AHMC Anaheim Regional Medical Center, Beena Shah, Glenn Medical Center. She then amended her complaint to include K. Morinishi, Harinder Gogia, Kaiser the operators of the Kaiser hospital in Anaheim, Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Foundation Hospitals, Mohammad Farukhi, and Southern California Permanente Medical. Prajapati Sami Shoukair, Southern California then amended her complaint again to include Kim’s medical Permanente Medical) office, Chest and Critical Care Consultants, and five other individuals that had treated her. Prajapati alleged that the F acts & Allegations On April 1, 2013, plaintiff defendants failed to properly treat her and that this failure Vimlaben Prajapati, 68, a disabled woman who had a history constituted medical malpractice. of hypertension and diabetes, was admitted to AHMC The Kaiser defendants, AHMC Anaheim Regional Anaheim Regional Medical Center, in Anaheim, with a Medical Center, and several of the individual defendants seven to 10 day history of intermittent fevers and chest pain. were ultimately dismissed from the case. Thus, the matter She was subsequently assigned to a hospitalist, Dr. Kyoung continued against Kim and Chest and Critical Care Kim, who performed a cardiac work-up to rule out a cardiac Consultants only. cause for her complaints. The cardiologists ultimately cleared Prajapati contended that she suffered a massive intracerebral Prajapati to be discharged home. However, overnight on hemorrhage and stroke as a consequence of being on the evening of April 3, 2013, Prajapati developed a fever. Coumadin in the face of developed endocarditis, resulting in As a result, Kim ordered blood cultures to be drawn prior a brain bleed of unknown origin. to Prajapati’s discharge to determine the source of the fever. Plaintiff’s counsel contended that Kim discharged Prajapati On April 25, 2013, Prajapati passed out in her home and prior to obtaining the lab culture results and that Kim failed was found with her head resting against the bathroom sink. to document that lab culture results were pending on the She was subsequently taken to Kaiser Permanente Orange discharge paperwork. Counsel noted that the blood cultures County - Anaheim Medical Center, in Anaheim, where it came back positive on April 4, 2013. was discovered that she was in atrial fibrillation with a rapid Plaintiff’s counsel noted that the lab technician faxed the ventricular response, she had positive blood cultures, and positive blood cultures to Kim’s employer and documented

December 2017 www.verdictsearch.com 5 California Ver dictSearch Medical Malpractice her actions in the medical record. The lab technician also trauma, structural abnormalities (such as an aneurysm), or testified that she would have notified Kim via telephone, but that it was spontaneous. Lin also testified that her clinical no documentation of a phone call was made. As a result, index of suspicion for an aneurysm was very low for three the positive blood cultures were never communicated to reasons: Specifically, the location, as a ruptured aneurysm Prajapati, and no action or treatment was rendered in light would typically produce blood by the basal cistern, and of those positive blood cultures. not in the distribution seen on the CT scans; the history, Plaintiff’s counsel contended that after Prajapati was as Prajapati reported a one month history intermittent, transferred to AHMC Anaheim Regional Medical Center mild headaches, and no history of severe pain or sudden on April 27, 2013, and came back under Kim’s care, Kim onset/”thunderclap” headache; and the amount of blood, as failed to check the results from the blood culture she had a ruptured aneurysm, even a ruptured mycotic aneurysm, requested on April 3, 2013. Counsel also contended that Kim would still be under arterial pressure and would be expected failed to review the entire discharge summary from Kaiser. to produce more blood than was seen on the studies. Lin In addition, plaintiff’s counsel contended that Kim did not claimed that as a result, she recommended a CT angiogram make herself aware that blood had been seen in the right to rule out any structural abnormalities, such as a ruptured frontal subarachnoid space. aneurysm, a ruptured mycotic aneurysm, or an arteriovenous Plaintiff’s counsel argued that if the defendants adequately malformation. She further testified that she would not secured the results of the April 3, 2013 blood cultures, and consider trauma or a spontaneous bleed in that setting to be a treated the bacteria in the blood, the entire sequence of events contraindication for anticoagulation and that she would only that followed would have been averted, including any need be concerned about anticoagulating Prajapati if the blood to place Prajapati on Coumadin. Counsel further argued was due to a structural abnormality. that it was below the standard of care to have placed and The neurosurgeon testified that the CT angiogram maintained Prajapati on Coumadin when she was transferred on April 25, 2013 at Kaiser revealed that there was back to AHMC Anaheim Regional Medical Center in the no evidence of an aneurysm formation or significant face of the known blood in the right subarachnoid space and stenosis; that there was no evidence of an aneurysm in the presence of known endocarditis. Plaintiff’s counsel formation involving the distal internal carotid arteries, further argued that if Prajapati had not been placed on middle cerebral or pericallosal vessels; that there was no Coumadin, the massive intracerebral hemorrhage and stroke evidence of an aneurysm formation seen involving the would not have occurred. communicating arteries; and that there was no evidence of Defense counsel argued that Prajapati’s positive blood an arteriovenous malformation identified. She explained cultures were never communicated to Kim, nor was any action that the impression was that it was a normal basilar or treatment rendered in light of those positive blood cultures. system with no evidence of an aneurysm formation and Counsel contended that when Prajapati was transferred to that there was no evidence of an aneurysm formation AHMC Anaheim Regional Medical Center on April 27, 2013 or arteriovenous malformation involving the internal and came back under Kim’s care, Kim was not aware that blood carotid arteries or the intracerebral carotid system. Thus, had been seen in the right, frontal subarachnoid space, even Kim opined that the CT angiogram dated April 25, 2013 though the records at Kaiser indicated that the information had conclusively ruled out the possibility that the blood seen at accompanied Prajapati to AHMC Anaheim Regional Medical Kaiser was caused by a ruptured aneurysm or a ruptured Center at the time of transfer. mycotic aneurysm, as reflected in her consult note, which Defense counsel argued that AHMC Anaheim Regional read, “...As there are no vascular anomalies, there is no Medical Center breached its obligations in terms of notifying risk of significant bleed, and thus anticoagulation for Kim of the positive blood culture results and that this failure was treatment of cardiac issues is not contraindicated.” the reason why no treatment or response to the positive blood cultures took place between April 4, 2013 and April 25, 2013. I njuries/Damages brain damage; brain, internal Moreover, counsel argued that treatment of the bacteremia bleeding; hemorrhage; loss of consortium; stroke would not have averted the atrial fibrillation and, therefore, Prajapati contended that she suffered a massive stroke as a would not have averted the need for Coumadin. Defense result of an intracerebral hemorrhage. She alleged that as a counsel further denied that Kaiser properly notified AHMC result, she is left completely disabled and that she will need Anaheim Regional Medical Center of the subarachnoid bleed attendant care services and other services for the remainder that was identified at that facility. Nevertheless, defense counsel of her nine-year life expectancy. argued that the decision to place Prajapati on Coumadin was Prajapati sought recovery of approximately $980,000 the appropriate judgment call, and well within the standard of in past medical expenses; approximately $5.8 million care, even in the face of that prior bleed and the subsequently in future medical expenses, including attendant care identified endocarditis. services for the remainder of her life expectancy; and The treating neurologist at Kaiser, Dr. Tina Lin, testified approximately $7.5 million in non-economic damages for that there were three possible explanations for the finding her past and future pain and suffering. In addition, her of blood in the right, frontal subarachnoid space, including husband, Babubhai Prajapati, sought recovery for his loss of consortium.

6 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice California

Defense counsel did not disagree regarding the extent or Presi cr ption and Medication expense of Ms. Prajapati’s damages, but argued that Ms. Premature Discharge — Nurse — Emergency Room — Wrongful Death Prajapati’s life expectancy was quite limited and that she was unlikely to survive another six months. Death due to heart problem, not R esult The jury rendered a defense verdict. It found that Kim and Chest and Critical Care Consultants were not negligent in medication administered: defense the treatment of Ms. Prajapati. Verdict D efense D emand $900,000 to Kim; $750,000 to Chest and Case Spencer E. Noteboom, Individually and Critical Care Consultants as Administrator of Estate of Christopher Or ffe cost waiver in exchange for dismissal Noteboom v. Hoag Memorial Hospital with prejudice Presbyterian, Darrin Fryer, M.D., and Insurer(s) Cooperative of American Physicians, Inc. William Park, M.D., for Kim and Chest and Critical No. 30-2015-00794282-CU-MM-CJC Care Consultants Court Superior Court of Orange County, Orange, CA T rial Details Trial Length: 13 days Judge Martha K. Gooding Trial Deliberations: 4 hours De at 9/21/2017 Jury Vote: 11-1 for both defendants on negligence Plaintiff Attorney(s) Dale E. Motley, Ogden & Motley, Plaintiff , CA Expert(s) James D. Leo, M.D., critical care, Clay Robbins, III, Magaña, Cathcart, & Long Beach, CA (hospitalist) McCarthy, Los Angeles, CA Khyber Zaffarkhan, D.O., life care planning, Newport Beach, CA (physical rehabilitation) D efense Darryl R. Zengler, M.A., economics, Attorney(s) D. Scott Barber, Getty LLP, Pasadena, CA San Diego, CA (Darrin Fryer, Newport Emergency Medical Group Inc.) D efense Daniel W. Doyle, Doyle Schafer Expert(s) Douglas Cable, M.D., infectious diseases, McMahon, LLP, Irvine, CA Riverside, CA (Hoag Memorial Hospital Presbyterian) Thomas L. Hedge, Jr., M.D., None reported (William Park) physical medicine, Northridge, CA (physical rehabilitation) F acts & Allegations At around 9 p.m. on July 3, 2014, Stacey R. Helvin, B.S.N., R.N., plaintiff’s decedent Christopher Noteboom, 33, an insurance life care planning, Anaheim, CA agent, presented with his mother to the Emergency Department William P. Klein, M.D., internal medicine, at Hoag Memorial Hospital Presbyterian, in Newport Beach, Los Angeles, CA (hospitalist) with complaints of dental and head pain. However, prior Jennie M. McNulty, C.P.A., economics, to receiving any treatment, the two left the Emergency Los Angeles, CA Department without notifying the emergency staff. Thereafter, Nerses Sanossian, M.D., , Noteboom sought treatment with his dentist’s office, wherein Los Angeles, CA (vascular neurologist) Noteboom was administered an anesthetic to temporarily alleviate his pain. E ditor’s Note This report is based on information that was At 1:48 a.m. on July 4, 2014, Noteboom returned to provided by plaintiffs’ counsel, and counsel for Dr. Kyoung Hoag’s Emergency Department with a compliant of severe A. Kim and Chest and Critical Care Consultants. Counsel tooth pain, and was subsequently triaged by a nurse. for the remaining defendants were not asked to contribute. Noteboom was determined to have a dental abscess with eight out of 10 pain. His vital signs were also taken and –Priya Idiculla it was determined to have blood pressure of 157/118, a respiratory rate of 18, a heart rate of 107, a temperature of 98.2 degrees, and a peripheral capillary oxygen saturation (SpO2), an estimate of the amount of oxygen in the blood, of 94 percent on room air. As a result, Noteboom was examined by an emergency medical physician, Dr. William Park, and at approximately 2:21 a.m., another nurse

December 2017 www.verdictsearch.com 7 California Ver dictSearch Medical Malpractice administered 2 milligrams of Dilaudid, intramuscularly, for The dececent’s father, Spencer Noteboom, acting pain, as ordered by Park. individually and as the administrator of his son’s estate, sued Approximately 10 minutes later, at around 2:30 a.m., a Fryer, Park, and Hoag Memorial Hospital Presbyterian. Fryer registered nurse noted that Noteboom was resting quietly and Park’s medical office, Newport Emergency Medical with no sign of distress. His breathing was noted as even and Group Inc., was later added as a defendant. unlabored, and his mother was at his bedside. He was also Park was ultimately dismissed from the case. noted to have a respiratory rate of 18, a heart rate of 100, and Plaintiffs’ counsel argued that Hoag’s nursing staff fell a SpO2 of 93 percent on room air. At approximately 3 a.m., below the standard of care because they failed to recognize Noteboom’s vitals were noted as having a blood pressure rate that Christopher Noteboom was experiencing signs and of 168/91, a respiratory rate of 15, a heart rate of 87, and a symptoms of respiratory distress after the second dose of SpO2 of 94 percent on a non-rebreather mask. Dilaudid. Counsel also argued that the attending nurse At approximately 3:36 a.m., a nurse gave an additional failed to discuss the issues with the emergency room 2 milligrams of Dilaudid for pain, as ordered by another physician, Fryer, before discharging Noteboom. Counsel emergency physician, Dr. Darrin Fryer. Noteboom’s pain further argued that the cause of death was cardiac arrest as a level at that time was noted to be a six out of 10. Two minutes result of respiratory failure brought on by the administration later, the nurse noted that Noteboom was re-medicated, as of too much opioid medication. In addition, plaintiffs’ ordered. Noteboom was also educated regarding side effects counsel argued that the level of post-mortem hydromorphone and indications of adverse reactions. In addition, Noteboom (Dilaudid) was consistent with levels found in patients whose was being monitored for adverse reactions and as he was deaths were the result of opioid overdose. noted to have sleep apnea, he was placed on a non-rebreather As to agency, Hoag’s counsel argued that Christopher mask for comfort. Noteboom was alert and oriented when he read and signed Noteboom’s pain level was later noted to be a three out of the conditions of admission, had no interaction with Fryer, 10 at around At 4 a.m. A nurse also measured Noteboom’s and, thus, had no expectation that Fryer was an employee of vital signs and found that his blood pressure was 160/96 the hospital. and that he had a respiratory rate of 15, a heart rate of 88, Defense counsel argued that the administration of a temperature of 98.4 degrees, and a SpO2 of 98 percent on approximately 2 milligrams of Dilaudid on two separate a non-rebreather mask. The nurse checked the vitals again occasions was appropriate and in compliance with the 13 minutes later and noted that they were the same. As a applicable standard of care, given Noteboom’s complaints result, Noteboom signed the discharge instructions and was of pain (eight out of 10) and in relation to the decedent’s given printed instructions about the dental abscess. body mass index (BMI) of 44.1. Counsel also noted that According to Noteboom’s mother, when they arrived the medical records indicated that Noteboom was never home, Noteboom got out of the vehicle, walked into his experiencing respiratory distress and was placed on a non- home, and went directly into his room to lie down on his rebreather mask for supplemental oxygen because he had bed. He then asked her to stay with him and to scratch his sleep apnea and was unable to fall asleep. Thus, counsel back while he fell asleep. She claimed she scratched her argued that the mask was used for comfort, and was not son’s back for approximately 10 to 15 minutes as he fell used in response to oxygen desaturation. Defense counsel asleep and then went to her own bedroom to go to sleep. further argued that the nurse observed Noteboom’s vital According to Noteboom’s father, he went in to check on his signs, communicated with Noteboom to assess his pain and son a couple of hours later, but when he touched his son’s leg, orientation, and ultimately exercised her clinical judgment he felt that it was cold. He subsequently called 9-1-1 while that the slight drop in O2 was due to Noteboom’s physiology Noteboom’s mother was administering CPR. Noteboom was versus a side effect of the Dilaudid. Furthermore, defense ultimately taken to the Hoag emergency room, where he was counsel argued that if Noteboom was experiencing any pronounced deceased. respiratory issues due to the Dilaudid, the issues would According to the Orange County coroner’s report, the cause have been evident within 10 to 20 minutes following the of Noteboom’s death was the result of dilated cardiomyopathy second administration. However, in this case, Noteboom with coronary artery heart disease. According to the was discharged approximately 35 minutes following the last toxicology examination, levels of hydrocodone (Vicodin) administration of Dilaudid, when his vitals were normal were found in Noteboom’s post-mortem blood. The report and he showed no physical signs of distress, such as mottled did not note the levels of hydromorphone (Dilaudid) in the appearance, being less responsive, and cyanosis. Noteboom’s blood. Although the toxicological examination reported no levels of hydromorphone (Dilaudid) in its I njuries/Damages cardiac arrest; death; drug overdose; findings, a review of the actual studies resulted in the loss of society; respiratory distress presence of hydromorphone (Dilaudid) in Noteboom’s Noteboom died on July 4, 2014. He was 33 years old, and system. However, it did not meet the Orange County crime he was survived by his . Plaintiffs’ counsel contended lab’s limit of detection. (In 2014, when the report was issued, that Noteboom’s cause of death was cardiac arrest as a result the detection limit was .010 mg/L.) of respiratory failure brought on by the administration of too much opioid medication.

8 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice California / Connecticut

Thus, Noteboom’s father sought recovery of $2.25 million E ditor’s Note This report is based on information that in special and general damages as a result of his son’s was provided by defense counsel for Hoag Memorial Hospital wrongful death. Presbyterian and Dr. Darrin Fryer. Plaintiff’s counsel did not With respect to causation, defense counsel argued that respond to the reporter’s phone calls and defense counsel for the cause of death was dilated cardiomyopathy with Dr. William Park was not asked to contribute. coronary artery disease, as stated by the Orange County coroner’s office. Defense counsel contended that the –Priya Idiculla coroner’s finding confirmed that Noteboom died because he was not getting blood flow to his heart muscle, which set up a fatal arrhythmia. Counsel also contended Connei ct cut that there were two significant occlusions, one to the right common artery of 75 to 90 percent and one to the Delayed Diagnosis left diagonal artery of 75 percent, which are sufficient to Failure to Diagnose — Failure to Refer — Failure to Test — Wrongful Death cause death from coronary artery disease. In addition, defense counsel argued that the physician who performed the autopsy specifically ruled out a drug overdose and that Fatal brain bleed was unrelated the physician testified that there was no physical sign of to patient’s fall, per defense respiratory distress upon examination and, moreover, the levels of hydromorphone were subtherapeutic. Verdict D efense R esult The jury returned a defense verdict. It found that Case Howard E. Poliner and Debra L. Poliner, the defendants did not violate the standard of care in their Co-Executors of the Estate of Bernard Poliner care and treatment of Christopher Noteboom. The jury and Howard E. Poliner and Debra L. Poliner, also found that Fryer was not an agent of Hoag Memorial Co-Executors of the Estate of Judith Poliner v. Hospital Presbyterian. ProHealth Physicians PC and Munish Kumar D emand $400,000 to Fryer Shastri, M.D., No. HHD CV11 6024336S Or ffe $29,999 (C.C.P. § 998) from Fryer Court Hartford Judicial District, Superior Court, CT Judge Kevin Dubay T rial Details Trial Length: 14 days De at 7/13/2017 Trial Deliberations: 6 hours Jury Vote: 10-2 Hoag, 12-0 Fryer Plaintiff Attorney(s) Carey B. Reilly, Koskoff, Koskoff & Plaintiff Bieder, P.C., Bridgeport, CT Expert(s) Stephen C. Berens, M.D., cardiology, J. Craig Smith, Koskoff Koskoff & Bieder, PC, Santa Monica, CA Bridgeport, CT John C. Hiserodt, M.D., , Jeffrey Wisner, Koskoff, Koskoff & Bieder, Irvine, CA P.C., Bridgeport, CT Robert W. Johnson, C.P.A., economics, Los Altos, CA D efense Craig Smollin, M.D., medical toxicology, Attorney(s) Robert E. Kiley, Danaher Lagnese, PC, San Francisco, CA Hartford, CT Marlene R. Vermeer, R.N., emergency Joyce A. Lagnese, Danaher Lagnese, PC, nursing, Irvine, CA Hartford, CT Thomas J. Plumridge, Danaher Lagnese, PC, D efense Hartford, CT Expert(s) Laura Fuchs Dolan, M.B.A., economics, San Juan Capistrano, CA F acts & Allegations On June 10, 2009, in the early Bernadette Martin, R.N., emergency nursing, morning hours, plaintiff’s decedent Bernard Poliner, 77, who Pasadena, CA had been undergoing chemotherapy treatment for multipole Bismark Y. Oh, M.D., emergency medicine, myeloma, fell down a flight of stairs at his split-level home Pleasanton, CA in Bloomfield after having taken some sleeping medication. Howard S. Robin, M.D., medical toxicology, Although suffering a laceration to his scalp, he returned to La Jolla, CA bed and waited until morning to call his internist, Munish Daniel Wohlgelernter, M.D., cardiology, Kumar Shastri, M.D. Later that day, Poliner was seen by Santa Monica, CA Dr. Shastri, who placed 11 sutures for the scalp laceration. Dr. Shastri performed a neurological examination and did not note any abnormalities. Because Poliner complained of

December 2017 www.verdictsearch.com 9 Connecticut / District of Columbia Ver dictSearch Medical Malpractice back pain, Dr. Shastri ordered a back X-ray, which revealed D efense a T12 fracture that had occurred during the fall. No further Expert(s) None reported treatment was provided for the scalp injury, except removal of the stitches about a week later. Post- Trial There was no appeal and this case is closed. On day six following his fall and doctor’s visit, Poliner E ditor’s Note This report is based on information that began to deteriorate rapidly, with noted slurred speech and was provided by plaintiffs’ and defense counsel. loss of consciousness. He was transported to an emergency room and a CT scan revealed a massive subdural hematoma. –Margi Banner An immediate craniotomy was performed, but Poliner died as a result of the brain bleed on June 27, 2009. Poliner’s estate filed suit against Shastri and his practice, D istrict of Columbia ProHealth Physicians, PC, alleging medical malpractice and violations in the standard of care. The estate alleged that the standard of care required Dr. Failure to Detect Shastri to obtain a CT scan and that, had one been timely Failure to Treat — Surgical Error — Urological Surgery performed, it would have revealed a small subdural hematoma in time for it to have been successfully treated, i.e., before the Urology patient: Improper massive second, related bleed. The estate’s theory of the case did not rest on the presentation of clinical symptoms. procedure led to nerve damage A medical expert who testified for the estate stated that the subdural hematoma began at the time of the fall. Verdict $8,000,000 The defense denied any violations in the standard of care. Shastri contended that Poliner presented with no symptoms Case Robert S. Hartman and Ruth Hartman v. other than a head laceration and there was no criteria for Edward Dunne, M.D. and Foxhall Urology ordering a CT scan. Further, the defense asserted that Poliner Chartered, No. 2015 CA 009658 M was symptom-free for six days post-fall. According to the Court District of Columbia, Superior Court, DC defense, Poliner suffered from a sudden arterial bleed that Judge Brian Holeman was not caused by the fall and would not have been revealed De at 9/21/2017 on a CT scan because it did not occur until six days later. Plaintiff I njuries/Damages brain, internal bleeding; death; loss Attorney(s) Catherine D. Bertram, Bertram & Amell, of consortium; loss of society; subarachnoid hemorrhage PLLC, Washington, DC Poliner suffered a brain bleed allegedly as a result of a fall D efense in his home. He underwent a craniotomy, but died 17 days Attorney(s) Michael McCubbin, Vernick & after the fall. He was survived by his spouse, mother, children Associates, LLC, Annapolis, MD and grandchildren. Andrew E. Vernick, Vernick & Associates, The defense contended that the cause of death was an LLC, Annapolis, MD arterial brain bleed unrelated to the fall. F acts & Allegations On Oct. 7, 2013, plaintiff Robert R esult The jury found for ProHealth Physicians and Shastri. S. Hartmann, 69, underwent an open simple retropubic A defense verdict was entered. prostatectomy performed by urologist Edward Dunne, M.D. Insurer(s) Coverys for both defendants The surgery, which involves the surgical removal of all or part of the prostate gland, was done to treat Hartmann’s T rial Details Trial Length: 10 days benign prostate hyperplasia (BPH), or enlarged prostate. Trial Deliberations: 25 minutes During the surgery, a laceration to the rectum occurred, Jury Composition: 6 jurors as well as obliteration of the blood supply to the bladder neck. This reportedly impacted the nerves to the penis, Plaintiff necessitating numerous subsequent procedures. Expert(s) Kevin E. Bell, M.D., internal medicine, Hartmann (whose name was incorrectly entered on the Summit, NJ court’s docket as Hartman) filed suit against Dunne and his Alan J. Fink, M.D., neurology, Greenville, DE practice, Foxhall Urology, alleging medical malpractice and Steven Hajdu, M.D., pathology, lack of informed consent. Westlake Village, CA Hartmann alleged that Dunne selected the wrong surgical Gregory C. Postel, M.D., neuroradiology, approach, which led to Dunne negligently lacerating the Louisville, KY rectum. According to Hartmann, Dunne should have Michael B. Van Scoy-Mosher, M.D., performed a TURP (Transurethral Resection of the Prostate), , Los Angeles, CA

10 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice District of Columbia / Georgia which is a minimally invasive removal of excessive growth of Thomas M. Wheeler, M.D., pathology, the prostate through the urethra, rather than open surgery. Houston, TX Hartmann asserted that, had TURP been done, he would not Mark Younis, M.D., radiology, Ripley, WV have suffered surgical injuries. He also argued that Dunne failed to identify the rectal injury during surgery and, had E ditor’s Note This report is based on information that he recognized the injury intraoperatively, Dunne could have was provided by plaintiff’s counsel. Defense counsel did not performed an immediate repair. respond to the reporter’s phone calls. Dunne contended that the proper surgical approach was –Margi Banner utilized and that the American Urological Association guidelines supported his decision to perform an open prostatectomy instead of TURP due to the size of Hartmann’s prostate. He also argued that failure to recognize the G eorgia rectal laceration intraoperatively was not a violation in the standard of care. Urological Surgery Prescription and Medication — Post-Operative Care Injuries/Damages colostomy; incontinence; loss of consortium; penis; rectum Hartmann suffered a laceration of the rectum and obliteration Use of anti-inflammatory was of the blood supply to the bladder neck. The nerves to his appropriate, per urologist penis were also impacted and he suffered some urinary stress incontinence. Hartmann required three major reconstructive Verdict D efense surgeries, 15 other procedures, more than 60 days in the hospital and 100 doctor visits. Case Joel C. Williams v. Buffi G. Boyd, M.D, Hartmann sought economic and non-economic damages. No. STCV1400903CO His wife Ruth had filed a claim for loss of consortium, but Court Chatham County, State Court, GA that claim was withdrawn before trial. Judge Hermann W. Coolidge, Jr. The defense disputed that Hartmann’s injuries were due to De at 6/28/2017 any negligence on the part of Dr. Dunne. Plaintiff R esult The jury found that Dunne and Foxhall Urology Attorney(s) Thomas A. Nash, Jr., Nash Law Firm, PC, were negligent in the treatment provided to Hartmann and Savannah, GA that such negligence was a proximate cause of the injuries Michael W. Slocumb, Slocumb Law Firm, and damages suffered by Hartmann. The jury further found LLC, Auburn, AL that Dunne failed to obtain informed consent for the open simple retropubic prostatectomy, but such failure was not D efense a proximate cause of the injuries and damages suffered by Attorney(s) Wiley A. Wasden, III (lead), Brennan, Hartmann. The jury determined that Hartmann’s damages Wasden & Painter, LLC, Savannah, GA totaled $8 million. The case subsequently resolved pursuant Tracie Macke, Brennan, Wasden & to a confidential agreement. Painter, LLC, Savannah, GA

Insurer(s) ProAssurance for both defendants F acts & Allegations On Nov. 1, 2010, plaintiff Joel Williams, 74, an attorney, underwent surgery performed by T rial Details Trial Length: 3 weeks urologist Buffi Boyd, M.D. and another urologist and partner Trial Deliberations: 6 hours in Boyd’s medical group. The procedure was a left-handed Jury Composition: 8 jurors assisted laparoscopic nephroureterectomy with cystoscopy with transition of the left ureteral orifice and was performed for Plaintiff the treatment of transitional cell carcinoma, a life-threatening Expert(s) Joel B. Bowers, M.D., radiology, kidney cancer. Immediately following the surgery, which Washington, DC concluded at 11:57 a.m., and while Williams was still in Arthur H. McTighe, M.D., anatomic the recovery room, Boyd prescribed low doses of Toradol, a pathology, Baltimore, MD common non-steroid anti-inflammatory, to control his surgical Richard Santucci, M.D., urology, Detroit, MI pain. Boyd ordered that three doses of Toradol at 15 mg IV could D efense be given within the first hours following Williams’ surgery. Expert(s) Kevin McVary, M.D., urology, Springfield, IL Williams remained hemodynamically stable throughout the Michael Naslund, M.D., urology, day of surgery. Around 7 to 7:30 a.m. the next morning, Boyd Baltimore, MD was informed for the first time of Williams’ early morning lab results, which indicated a decrease in his hemoglobin. A

December 2017 www.verdictsearch.com 11 Geora gi Ver dictSearch Medical Malpractice subsequent CT scan indicated a sizeable left pelvic hematoma. and urinary tract infection, resulting in Williams’ suffering The doctors considered the risks of various treatment options from chronic kidney disease. The expert opined that and Boyd, along with another urologist in her practice, opted Williams would eventually need dialysis and had incurred a to perform an exploratory laparotomy on Nov. 4, 2010. During significant increase in his risk for cardiovascular morbidity this exploratory procedure, Williams had a few small bleeding and mortality. areas with no significant bleeding in his pelvis. However, Prior to trial, Williams alleged he was entitled to medical a venomous ooze was observed in his retroperitoneum and expenses in the amount of $528,989.32 and lost wages in an incision was extended superiorly, at which time it was the amount of $53,685.30. However, defense counsel filed noted that Williams’ spleen had a small capsular tear. Boyd motions in limine and Williams ultimately withdrew his requested an intra-operative consult from a general surgeon, claims for special damages prior to jury selection. At trial, who subsequently decided to perform a splenectomy. Williams Williams sought general damages for past, present and future was discharged from the hospital on Nov. 17, 2010. pain and suffering, and decreased life expectancy. Williams sued Boyd, alleging claims for medical The defense contended that Williams made a full malpractice. Williams alleged that Boyd was negligent in recovery and returned to work full-time within weeks prescribing the Toradol, which he said resulted in renal following his surgery. failure, increased bleeding and subsequent spleen removal. The defense’s expert in testified that Williams Williams’ nephrology expert testified that, since Williams’ did not suffer from any chronic kidney injury as a result of initial surgery resulted in the removal of a kidney, Boyd’s use of the use of Toradol. Toradol was negligent in that Toradol was known to aggravate post-operative bleeding and reduce kidney function. R esult The jury returned a defense verdict for Boyd, finding The defense contended that Boyd complied with the that she was not negligent. standard of care at all times. Boyd contended that she Insurer(s) MAG Mutual Group and her partner were not aware of any laceration to Williams’ spleen during the November 1 surgery and T rial Details Trial Length: 3 days noted that there was no significant bleeding observed Trial Deliberations: 30 minutes during the entire procedure. Boyd believed Toradol was Jury Composition: 9 male, 3 female not contraindicated for Williams, particularly given his medical history, which included allergies to the narcotic Plaintiff Morphine and sleep apnea, a condition that can pre-dispose Expert(s) Steven C. Borkan, M.D., nephrology, patients to respiratory ailments/complications and distress Boston, MA with narcotic use. Further, upon learning of Williams’ lab results after the November 1 surgery, Boyd asserted that she D efense requested a nephrology consult from Dr. Dana Kumjian. Expert(s) Joseph A. Costa, D.O., urology, Boyd argued that Dr. Kumjian approved her continuing Jacksonville, FL treatment plan for Williams and later confirmed Toradol Gregory Knowlton, M.D., nephrology, was not contraindicated for Williams. Also, Boyd contended Atlanta, GA that Williams was informed of the possible complications Nikolas Symbas, M.D., urology, Marietta, GA of the procedure, including blood loss, the need for blood E ditor’s Note This report is based on information that transfusions, urinary tract infections, wound infections and was provided by defense counsel. Plaintiff’s counsel did not splenic injury, with the potential loss of the spleen, and, respond to the reporter’s phone calls. after taking about 10 days to consider his options, Williams elected to proceed with the procedure. She further argued –Priya Idiculla that Williams signed a consent form confirming he was aware of the discussed risks/recognized complications of this particular surgery. The defense’s two urology experts testified that Boyd The VerdictSearch Solution appropriately prescribed Toradol following Williams’ surgery and properly followed Williams through his hospital course. Case-Winning Intelligence on The defense’s nephrology expert also approved of Boyd’s the Web, on the Phone and in Print use of Toradol. Let VerdictSearch do the Search! I njuries/Damages hypotension; infection; malnutrition; Call between 8am and 6pm est. We'll renal failure; spleen; urinary tract infection get valuable case facts to you in less As result of Boyd’s alleged negligence, Williams’ expert in than 48 hours. nephrology testified Williams suffered multiple subsequent complications, including hypotension, acute kidney injury, hemorrhage-induced anemia, wound infection, malnutrition

12 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice I llinois

I llinois David Eccleston, on behalf of his mother’s estate, sued Northshore University Health System, operating as Evanston Hospital; Eliades; Ciric; Farhat; and Nauth for medical Post-Operative Care malpractice. The family alleged that the hospital’s doctors Negligent Treatment — Wrongful Death — Prescription and Medication departed from the standard of care by failing to change Thomas’ course of treatment and administer systemic Patient suffered fatal pulmonary Heparin after it was determined that multiple deep vein thromboses were progressing in her lower extremities, and embolism weeks after surgery the risk of an epidural hematoma from the surgery no longer outweighed the risk of a pulmonary embolism. The doctors Verdict D efense were dismissed from the suit prior to jury selection. Plaintiff’s counsel argued that on day four of Thomas’ Case David Eccleston, as Administrator of post-operative care, the risk of developing a pulmonary the Estate of Cynthia Gayle Thomas v. embolism from her known deep vein thromboses began to Northshore University Health System d/b/a outweigh the risk of her developing an epidural hematoma Evanston Hospital, Miledones N. Eliades, from being given full systemic Heparin rather than the M.D., Ivan Ciric, M.D., Hamad Farhat, M.D. prophylaxis dose. and Justin Nauth, M.D., No. 2014-L-003434 Plaintiff’s counsel argued that the failure to give systemic Court Cook County Circuit Court, IL Heparin as of Dec. 26 was a violation of the standard of Judge Ann Collins-Dole care; that at this time only Farhat was managing the patient; De at 11/9/2017 and the ultrasound on Dec. 29 showed that the prophylactic measures had failed to prevent new deep vein thromboses Plaintiff from forming. Attorney(s) Timothy W. Heath, Heath & Heath, P.C., Plaintiff’s counsel further contended that Eliades should Naperville, IL have prescribed systemic Heparin as of Dec. 27 when he James H. Porn, Law Offices of James H. Porn, transferred Thomas to the rehabilitation unit, and Eliades Chicago, IL and Nauth violated the standard of care by failing to prescribe D efense systemic Heparin upon receiving a Dec. 29 ultrasound report Attorney(s) Andrea H. Kott (lead), Lowis & Gellen LLP, that allegedly showed the prophylactic measures had failed. Chicago, IL The estate’s expert nephrologist testified that Farhat Joseph E. Comer, Lowis & Gellen LLP, departed from the standard of care by failing to begin Chicago, IL administering systemic Heparin on post-operative day four or five, and continued such treatment through her date of F acts & Allegations On Jan. 2, 2011, plaintiff’s decedent death. He further testified that Eliades should have prescribed Cynthia Gayle Thomas, 65, retired, suffered a fatal pulmonary systemic Heparin after he took over Thomas’ care on the embolism while in post-operative care. On Dec. 22, 2010, rehabilitation floor. He further testified that when Eliades and Thomas went to Evanston Hospital for a three-level lumbar Nauth each became aware of the Dec. 29 ultrasound results fusion and laminectomy, which was performed by Dr. Ivan showing new deep vein thromboses and propagated deep vein Ciric and Dr. Hamad Farhat, a neurosurgeon. The surgery thromboses, both doctors departed from the standard of care lasted for about seven hours. Prior to the surgery, Thomas by failing to prescribe systemic Heparin. was deemed a high risk for the development of deep vein The family’s expert pharmacologist testified that had thrombosis and pulmonary embolism. Thomas was kept at Thomas been given systemic Heparin anticoagulants from Evanston for four days after surgery and then was transferred post-operative day four or five on, it would have prevented to its rehabilitation unit for inpatient care under Dr. Miledones Thomas from suffering a pulmonary embolism on Jan. 2. N. Eliades, a rehabilitation physiatrist, and Dr. Justin Nauth, Defense counsel’s expert neurosurgeon testified that the a hospitalist. defendants complied with the standard of care by withholding The day after the surgery, a Doppler ultrasound of her legs the administration of systemic anticoagulants due to the risk showed that deep vein thromboses had formed in her right of a spinal bleed occurring. calf. On Dec. 24, an inferior vena cava filter was inserted and Defense counsel’s expert internist and pulmonologist Thomas was started on prophylactic anticoagulation Heparin. each testified to the opinion that Eliadis and Nauth did not After she was transferred to rehabilitation, a third Doppler depart from the standard of care, and were right to rely on ultrasound was performed on Dec 29, showing that new deep the operating neurosurgeon, Farhat, when accessing when vein thromboses had formed in her left leg, and the deep vein systemic heparin could safely be started. thromboses in her right leg had propagated. Thomas was Defense counsel argued that while Thomas did suffer continued on prophylactic Heparin. On Jan. 2 in the rehab from progressive deep vein thromboses, the course of unit, Thomas died as a result of the pulmonary embolism. treatment (prophylactic anticoagulants and intravenous filter)

December 2017 www.verdictsearch.com 13 I llinois Ver dictSearch Medical Malpractice was appropriate; that the administration of a systemic D efense anticoagulant created a risk of spinal bleeding; and that the Attorney(s) Lisa M. Green, Kominiarek Bresler Harvick use of a systemic anti-coagulant did not guarantee prevention & Gudmundson, LLC, Chicago, IL of the fatal pulmonary embolism. Laura J. Young, Kominiarek Bresler Harvick & Gudmundson, LLC, Chicago, IL I njuries/Damages death; deep vein thrombosis; embolism Thomas died after suffering a pulmonary embolism. She F acts & Allegations On June 8, 2011, plaintiff leaves an adult son. Her family sought $5.22 million. Anthony Booth, 50s, a professional dart competitor, presented at the emergency room at Alexian Brothers R esult The jury rendered a defense verdict, finding the Medical Center complaining that he felt faint while driving hospital and doctors didn’t depart from the standard of care. that day. He underwent an ultrasound that showed he had a narrowing/hardening of the right internal carotid T rial Details Trial Length: 6 days artery, which supplies blood to the brain. Booth’s treating Trial Deliberations: 80 minutes family practitioner, Dr. Stephen Behnke, was notified of the Jury Composition: 10 female, 2 male ultrasound results the same day. Approximately 11 months Plaintiff later, Booth presented to a neurologist with complaints of Expert(s) Gourang P. Patel, B.S., Chem, blurred vision, pain over one of his ears and bilateral calf pharmacology, Chicago, IL pain. The neurologist referred him to a vascular cardiologist Gary Skaletsky, M.D., neurosurgery, who performed an ultrasound that revealed arteriosclerosis Sugar Grove, IL (did not testify) in Booth’s calves. Stenting was performed in his calves, Richard Sweet, M.D., nephrology, followed by an ultrasound of his heart and brain, which San Francisco, CA revealed a blockage in the right internal carotid artery. This was then treated with stenting. According to Booth, the D efense need for stenting at this time was due to a failure of Behnke Expert(s) Martin D. Herman, M.D., neurosurgery, to begin treatment to lower his cholesterol following the Park Ridge, IL earlier ultrasound. David Kushner, M.D., internal medicine, Booth sued Behnke, alleging that Behnke departed from Park Ridge, IL the standard of care by failing to communicate to him that Victor F. Tapson, M.D., pulmonology, he required medication, failing to treat him and delaying Los Angeles, CA treatment for the narrowing of his internal carotid artery. Booth alleged that Behnke was notified of the narrowed E ditor’s Note This report is based on information that artery on June 8, 2011, but Behnke failed to immediately was provided by plaintiffs and defense counsel. prescribe blood-thinning aspirin and statin, which is a class of drugs that lowers the level of cholesterol in the blood by –Jack Deming reducing the production of cholesterol by the liver. Booth claimed that, while he may have required a stent placement in the carotid artery at a future time, this procedure was F ailure to Communicate required sooner due to Behnke’s failure to prescribe aspirin Failure to Treat — Prescription and Medication and statin beginning on June 8, 2011. Booth argued that Behnke wrote scripts for another, Noncompliant patient hastened unrelated medicine regularly prescribed to him in the ensuing months and, therefore, had ample opportunity to speak need for stenting, doctor argued to him about his narrowed internal carotid artery and to prescribe the aspirin and statin. Booth argued that the other, Verdict D efense unrelated prescription should not have been prescribed until that had been done. Case Anthony Booth v. Stephen Behnke, M.D., Booth’s internal medicine expert testified that Behnke No. 2014-L-007730 should have explained Booth’s test results to him and Court Cook County Circuit Court, IL prescribed aspirin and statin immediately. He further opined Judge Edward S. Harmening that, when the emergency room nurse called Behnke on De at 11/2/2017 June 8, 2011, Behnke should have prescribed aspirin and statin over the phone and told the nurse that he needed to Plaintiff see Booth immediately. He also opined that, had Behnke Attorney(s) Gregory J. Lamorena, Karlin, Fleisher & prescribed aspirin and statin immediately, Booth would not Falkenberg, LLC, Chicago, IL have needed an internal carotid artery stent as soon as 2012. The defense argued that Booth was told to visit Behnke to discuss the narrowing of the internal carotid artery and that

14 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice I llinois he failed to do so. The defense further argued that a phone Plaintiff call was made to Booth two weeks after the narrowing was Expert(s) Steven E. Tureff, M.D., internal medicine, discovered to remind him that he needed to see Behnke and Des Plaines, IL that this was followed two weeks later by a letter. The defense argued that the need for a stenting of the D efense internal carotid artery was not hastened by Behnke’s Expert(s) Michael F. DuPont, M.D., family medicine, actions and that Booth underwent stents in multiple arteries La Grange, IL throughout his body, along with the internal carotid artery, Douglas R. Smego, M.D., cardiac care, due to his atherosclerotic cardiovascular disease. The defense Chicago, IL argued that Booth simply failed to follow instructions to see E ditor’s Note This report is based on information that Behnke and to see a neurologist as instructed by the ER staff. was provided by plaintiff’s and defense counsel. The defense’s family medicine expert testified that Behnke did not depart from the standard of care because Booth was –Jack Deming notified multiple times that he needed to visit Behnke at his office before the prescriptions of aspirin and statin could be filled and that these are prescriptions that cannot be filled over the phone without a consultation. F ailure to Detect The defense’s cardiology expert testified that he may have Failure to Test — Unnecessary Procedure — Surgical Error considered performing a stent on June 8, 2011, when the narrowing was discovered, and therefore, the need for a stent Patient said she had permanent was not hastened by Booth not taking aspirin and statin. The defense’s second cardiology expert (Dr. Douglas Smego) leg pain due to surgical error testified that the stenting of the internal carotid artery was needed regardless of the prescription of aspirin and statin, due S ettlement $600,000 to the progressive narrowing of Booth’s arteries as a result of atherosclerotic cardiovascular disease. He further testified Case Nirmala Basavatia and Ram Basavatia v. that Booth’s stenting was performed on a selected date and Richard Berger, M.D., Debdut Biswas, was not an emergency procedure. M.D., Sameer Lodha, M.D., Robert March, M.D., Robert Mayle, M.D., Midwest I njuries/Damages artery Orthopaedics at Rush, Andrew Riff, M.D., Booth alleged that the delayed treatment for his narrowed Rush University Medical Center, Sanjai internal carotid artery necessitated stenting on Aug. 23, 2012. Shukla, M.D., Duke Yim, M.D., Gilberto He claimed that if he was properly medicated after June 8, 2011, Zavala, M.D., and Shannon Zielsdorf, M.D., he would not have required stenting of the internal carotid No. 2014-L-001105 artery, or that this procedure would have been delayed. Court Cook County Circuit Court, IL Booth sought recovery of $100,000 for his past and future De at 10/20/2017 pain and suffering and $52,000 for his past medical expenses related to the stenting procedure. Plaintiff Defense counsel argued that Booth was going to require Attorney(s) John J. MacInerney, Hofeld and Schaffner, a stenting of the internal carotid artery at some point and, Chicago, IL therefore, was not entitled to compensation for the procedure. D efense Defense counsel argued that the stenting was necessitated by Attorney(s) James J. Stamos, Stamos & Trucco LLP, his atherosclerotic cardiovascular disease and his 30-year Chicago, IL (Robert March) history of smoking, not as a result of Behnke’s actions. None reported (Richard Berger, Andrew R esult The jury rendered a defense verdict. Riff, Debdut Biswas, Duke Yim, Gilberto Zavala, Midwest Orthopaedics at Rush, D emand $300,000 Robert Mayle, Rush University Medical Or ffe N/A Center, Sameer Lodha, Sanjai Shukla, Shannon Zielsdorf) Insurer(s) Illinois State Medical Insurance Exchange F acts & Allegations On Feb. 5, 2012, plaintiff T rial Details Trial Length: 4 days Nirmala Basavatia, early 60s, underwent revision of a Trial Deliberations: 70 minutes left hip replacement at Rush University Medical Center in Jury Composition: 8 male, 4 female Chicago. The original hip replacement had been performed just two days earlier. The revision was necessitated when Basavatia fractured the prosthetic femur while getting

December 2017 www.verdictsearch.com 15 I llinois Ver dictSearch Medical Malpractice up from her bed for physical therapy on the day after expert opined that March fulfilled his duty by ordering the surgery. Several months later, it was discovered that the CT angiogram and determining that Basavatia was cerclage wire used during the revision surgery was cutting receiving adequate blood flow to her left foot, which did off circulation in Basavatia’s leg. As a result, Basavatia not need to be removed. March met the standard of care, claimed permanent leg dysfunction. the expert concluded. Basavatia sued Richard Berger, Robert March and Rush The expert also testified that the wire occluding the entire University Medical Center, alleging that the revision surgery femoral artery could not be the cause of the very limited was improperly performed and there was a failure to detect nerve injury the patient had because the symptoms started the surgical defect. six days after the circulation was cut off. The expert argued Basavatia had also sued a number of other medical that, if the occlusion had injured the nerve, the symptoms providers, but they were dismissed earlier in litigation. should have started right away. March contended that this Berger, who had performed the original hip replacement was supported by notes in the Mayo Clinic records (where and the revision, was later dismissed when Rush settled Basavatia later treated) opining that the foot symptoms were for $200,000 during litigation. The case proceeded on not due to ischemia, but rather to postoperative swelling Basavatia’s claims against March. and a deep vein thrombosis that occurred on the day the Basavatia alleged that, going into the second surgery, symptoms started. she had a normal pulse and temperature in her left leg. She argued that, during the revision surgery, Berger employed I njuries/Damages foot; ischemia; leg; nerve damage, a cerclage wire that wrapped around the femur to provide femoral nerve more stability. She claimed Berger inadvertently caught the Following the discharge from Rush, Basavatia saw March femoral artery with the wire, closing off circulation and on a couple of occasions, as well other treating physicians. causing ischemia. In July, Basavatia, with continued complaints of decreased Following the surgery, Basavatia said that her left foot temperature and circulation in her left leg, underwent was cold and the medical staff detected a diminished pulse. an arteriogram per orders from her cardiologist. The According to Basavatia, Berger’s resident contacted the arteriogram reportedly showed the cerclage wire wrapped resident on the vascular surgery service, on which March was around her femoral artery. She then presented to the Mayo the attending. She claimed March ordered a CT angiogram Clinic in Minnesota and the wire was surgically removed and, based on the results, determined that her condition and a graft was implanted. The surgery improved Basavatia’s was most likely due to a chronic condition. She alleged that circulation and temperature, but she claimed she was left March was negligent in failing to detect the surgical defect. with permanent pain. Other than follow-up visits at the Basavatia’s experts in vascular surgery maintained that clinic, which Basavatia has to do annually, no further March’s immediate thought should have been that Basavatia’s treatment was rendered. diminished circulation was due to the second surgery. They Basavatia’s expert in interventional radiology opined that, claimed this was obvious given that she was not a smoker or a despite the ischemic injury to her femoral nerve, Basavatia’s drinker, was not diabetic and had strong pulses going into the collateral vessels provided enough circulation that she did surgery. The experts further noted that a Doppler ultrasound not lose her leg. and ankle brachial index performed following surgery were Basavatia testified that she experiences three out of ten both abnormal and that the patient had an ankle brachial pain in her left leg, especially when she is sedentary and not index of .36 (the normal is 1.00). performing any physical activity. She also claimed she has The experts asserted that March, instead of having difficulty sleeping, as her leg pain wakes her up at night. performed a CT angiogram, should have performed a CT She sought damages for past and future pain and suffering. arteriogram because it would have clearly shown that the Her husband had filed a claim for loss of consortium, but wire was snagged against the femoral artery. Per the experts, withdrew the claim earlier in litigation. had the proper test been, the wire impeding the femoral March’s counsel noted that the surgery at the Mayo Clinic artery would have been discovered and emergency surgery improved Basavatia’s circulation and temperature, but she would have corrected the issue, thereby preventing Basavatia was left with permanent pain, which the physicians at the from suffering a permanent impairment in her leg. Mayo Clinic did not believe was related to the wire, but to March’s expert in vascular surgery maintained that the swelling and a deep vein thrombosis she had developed on CT angiogram was appropriate and that March’s diagnosis, the same day that her foot symptoms began. i.e., that Basavatia’s symptoms were not caused by the wire, According to March’s expert in vascular surgery, was proper. The expert maintained that the patient had immediately performing a third surgery to remove the extensive collateral vessels that prevented the leg from cerclage wire, as Basavatia’s experts suggested, would have being ischemic, notwithstanding the complete occlusion been a difficult, invasive procedure due to how the wire was of the femoral artery. According to the expert, March had touching the femoral artery. Performing the surgery at that been contacted by Berger to determine if Basavatia’s left leg time would not have changed the outcome of Basavatia’s was in jeopardy to be amputated and could be saved. The impaired condition, the expert concluded.

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R esult Basavatia settled with March for $400,000 prior to Marcelline DeFalco, Mulherin, Rehfeldt & trial. This was in addition to an earlier $200,000 settlement Varchetto, P.C., Wheaton, IL with Rush University Medical Center. Trial had been scheduled (Dr. Huang, Kim Price, Mauricio Morales, to start on Oct. 23, 2017. March had a $1 million policy. Paul Kowalczyk) Julie N. Howie, Stamos & Trucco LLP, Insurer(s) ISMIE Mutual Insurance Co. for March Chicago, IL (Jeffrey Flagg) James J. Stamos, Stamos & Trucco LLP, Plaintiff Chicago, IL (Jeffrey Flagg) Expert(s) David C. Brewster, M.D., vascular surgery, Peter J. Strauss, Cunningham Meyer & Boston, MA Vedrine, P.C., Chicago, IL Paramjit S. Chopra, M.D., interventional (David McCormick) radiology, Melrose Park, IL Louis A. Varchetto, Mulherin, Rehfeldt & D efense Varchetto, P.C., Wheaton, IL Expert(s) Kevin S. Halstuk, M.D., vascular surgery, (Dr. Huang, Kim Price, Mauricio Morales, Evanston, IL Paul Kowalczyk)

E ditor’s Note This report is based on information that F acts & Allegations On May 21, 2008, plaintiff Alma was provided by plaintiffs’ counsel and March’s counsel. The Willis, 53, a retailer’s employee, presented to St. James remaining defendants’ counsel was not asked to contribute. Hospital for breast-reduction surgery and an abdominoplasty. The surgery was performed by plastic surgeon Dr. Jeffrey –Aaron Jenkins Flagg. The surgery took approximately 12 hours to complete due to the discovery and removal of a suspicious mass in one of Willis’ breasts. This mass was ultimately found not S urgical Error to be cancerous. Willis claimed she suffered an injury to the median nerve in her right arm during the surgery and that Anesthesiology — Plastic Surgery — Plastic Surgeon this was caused by pressure being placed on the arm while she was under anesthesia. Post-operative IV line caused Willis sued Dr. Flagg, St. James Hospital, anesthesiologists Dr. Huang and Dr. Mauricio Morales and certified registered injury, argued surgical team nurse anesthetists Kim Price, Paul Kowalczyk and David McCormick, alleging medical malpractice. Verdict D efense St. James Hospital agreed to pay a $300,000 settlement to Willis prior to trial. The case proceeded to trial against the Case Alma Willis v. Dr. Jeffrey Flagg, DDS, MD, other defendants. Dr. Huang, Paul Kowalczyk, C.R.N.A., David Willis alleged that Flagg departed from the standard McCormick, C.R.N.A., Mauricio Morales, of care by putting pressure on the median nerve and in M.D., Kim Price C.R.N.A. and Saint James performing the breast reduction and abdominal surgeries Hospital Health Centers, No. 10L-6049 concurrently. Willis further alleged that the anesthesiologists Court Cook County Circuit Court, IL and CRNAs departed from the standard of care in failing Judge Kay Marie Hanlon to properly position and reposition her body for and during De at 7/13/2017 surgery, as well as failing to recognize that an injury was Plaintiff occurring while she was under anesthesia. Willis also argued Attorney(s) Clark M. Raymond, Raymond & that the length of the surgery and alleged mismanagement of Raymond, Ltd., Schaumburg, IL fluids resulted in swelling that exacerbated the injury. Willis Patricia E. Raymond, Raymond & further argued that Dr. Flagg should have reviewed Willis’ Raymond, Ltd., Schaumburg, IL mammograms prior to performing the surgery, due to a past diagnosis of cancer in one of her breasts. D efense Willis’ expert testified that, in order Attorney(s) David C. Burtker, Cunningham Meyer & for the median nerve to be injured as claimed, 150 mmHg Vedrine, P.C., Chicago, IL (millimeter of mercury) pressure would need to be applied to (David McCormick) the right arm for at least two hours. Lisa L. Curshellas, Cassiday Schade LLP, Willis’ anesthesiology and CRNA experts testified that the Chicago, IL (Saint James Hospital anesthesiologists and CRNAs departed from the standard Health Centers) of care in failing to properly position Willis and failing to properly monitor the patient’s fluid intake. Willis’ plastic surgery expert testified that Dr. Flagg should not have performed the two surgeries at the same time and

December 2017 www.verdictsearch.com 17 I llinois Ver dictSearch Medical Malpractice should not have performed the abdominal surgery before D emand $4,000,000 the breast reduction surgery. The expert also testified that Or ffe None Dr. Flagg departed from the standard of care in failing to personally review Willis’ mammograms. Insurer(s) Doctors Co. for Flagg Dr. Flagg argued that the surgery was extended due to T rial Details Trial Length: 4 weeks the discovery of the suspicious mass and took longer to Trial Deliberations: 2 hours complete and close due to the unexpected change in anatomy caused by removal of the mass. He further contended that he Plaintiff appropriately performed the surgery after Willis was cleared Expert(s) Charles Barton, CRNA, nurse anesthetist, for surgery by her treating breast surgeon, who had reviewed Akron, OH Willis’ mammograms and who did not identify the mass that John Fernandez, MD, orthopedic surgery, was discovered during the surgery. Chicago, IL Dr. Flagg’s plastic surgery expert testified that Dr. Flagg Geoffrey Keyes, M.D., plastic surgery/ relied on Willis’ breast surgeon to clear her for surgery and that reconstructive surgery, Los Angeles, CA the sequence in which Dr. Flagg performed the two surgeries Brian G. McAlary, M.D., anesthesia, was appropriate. Chicago, IL As for the injury, the defense argued that Willis did not complain of arm pain after the accident and that the first such D efense complaint occurred several days later, following an unrelated Expert(s) Lori R. Anderson, CRNA, nurse anesthetist, procedure and use of an intravenous line in her arm. Per the Rockford, IL defense, Willis suffered a pulmonary embolism four days after Thomas W. Cutter, M.D., anesthesiology, the surgeries and was hospitalized. The defense contended that Chicago, IL an IV line was placed in Willis’ right arm at that time, but Charles Laurito, M.D., anesthesiology, repeated attempts were made due to difficulty in placing the IV Chicago, IL line. The defense asserted that these multiple attempts caused Loren Schechter, M.D., plastic surgery/ a hematoma on the median nerve that was seen on MRI and reconstructive surgery, Morton Grove, IL ultimately caused any injuries claimed. Brent Sommer, CRNA, nurse anesthetist, The anesthesia providers argued that the fluid placement, San Francisco, CA hemodynamic status, positioning and padding performed in May 2008 all complied with the standard of care. Post- Trial Plaintiff’s counsel moved to set aside the verdict.

I njuries/Damages arm; complex regional pain syndrome; E ditor’s Note This report is based on information that was decreased range of motion; hand; nerve damage, median nerve; provided by defense counsel for Flagg, Huang, Kowalczyk, physical therapy; reflex sympathetic dystrophy; shoulder Morales, Price and McCormick. Plaintiff’s counsel and Willis claimed she suffered from a permanent limitation defense counsel for Saint James Hospital Health Centers did and loss of function in her non-dominant right hand, as well not return the reporter’s phone calls. as discomfort in her right shoulder and right arm. She further –Jack Deming claimed she suffered from complex regional pain syndrome (CRPS) in her right arm. Willis underwent a short course of physical therapy to treat her injuries. She claimed continuing pain and discomfort in her right arm and shoulder, an inability to raise her right arm above her shoulder and diminution in her use of, and fine Showcase your firm’s unique position in the motor function in, her right hand. Willis sought approximately $2.7 million for past and legal market by becoming a preferred future pain and suffering, disability, disfigurement, past and advertiser of VerdictSearch. future loss of wages, and past and future medical expenses. A loss of services claim made by Willis’ husband, Herbert Willis, was voluntarily dismissed prior to trial. Don’t be left out. Call VerdictSearch Defense counsel argued that EMG reports from tests now regarding advertising today! performed in 2011 and 2013 showed no abnormalities in Willis’ right arm. The defense also contended that Willis did not have CRPS and was overstating and magnifying her To advertise or to obtain more information: injuries, as demonstrated on a surveillance video. Call: James Gault at (800) 445-6823 or email: [email protected] R esult The jury found for the defendants and a defense verdict was entered.

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D entist was substandard and that there was evidence that 10 of the Abandonment — Lost Chance of Recovery — Negligent Treatment 22 teeth crowned had 10 mm openings, which meant that they were destined to fail as a tooth-saving measure, and that those 10 teeth would inevitably die within the next Dentist’s bungled work led to couple of years. loss of teeth, patient claimed Plaintiff’s counsel noted that Marsala had somehow lost two years of Wheeler’s records pertaining to his treatment of her. It was alleged that Marsala abandoned Wheeler on occasions Verdict $899,614 during the years that he treated her by being unavailable to Case Jennifer K. Wheeler v. John A. Marsala, perform the services for which she had contracted. D.D.S. and Dentpol Ltd., No. 2012-L-006276 Defense counsel noted that Wheeler acknowledged Court Cook County Circuit Court, IL that she had many pre-existing dental problems before Judge James M. Varga contracting with Marsala. Counsel also noted that Wheeler De at 3/21/2017 acknowledged that she had signed a form of consent that specifically acknowledged her morbid dental condition and Plaintiff recited that she was asking for measures to save her teeth Attorney(s) Ted Jennings, Coplan & Crane Ltd., at all costs. Thus, Marsala denied any dental malpractice, Oak Park, IL and claimed that he undertook, what his dental expert would describe in his testimony as, heroic measures to save D efense Wheeler’s teeth. Attorney(s) Robert A. Habib, Law Offices of Robert Marsala’s dental expert opined that there was no A. Habib, Chicago, IL (Dentpol Ltd.) evidence of sub-standard work and that Wheeler, who Charles W. Planek, Wilson Elser Moskowitz he believed would have eventually needed total implant Edelman & Dicker, L.L.P., Chicago, IL replacements of all her teeth, was only looking to Marsala (John A. Marsala) to pay that bill. F acts & Allegations In July 2007, plaintiff Jennifer Defense counsel stressed that Wheeler lost no teeth while Wheeler, a woman in her late 50s, presented to dentist John seeing Marsala and that subsequent treaters had to surgically Marsala, at the dental facilities of Dentpol Ltd., in Chicago, remove all of Wheeler’s teeth in what was described as an to begin extensive treatment of her teeth, which eventually attempt to remove them before they failed because they felt resulted in all of her teeth to be replaced with implants. they would fail in five to 10 years. Other second opinions Wheeler had engaged Marsala to save 22 of her teeth by advised a more conservative route and replacement of crowning them, advancing a fee of about $25,200. Treatment troublesome individual teeth only as needed. lasted about four years, when she had other dentists complete All witnesses agreed that 22 crowns were needed or were the unfinished and, according to her, improperly performed appropriate. dental work. Wheeler ultimately had all of her teeth replaced Defense counsel also emphasized the very specific and with implants. stylized consent to treatment that Wheeler had signed. It Wheeler sued Marsala and Dentpol Ltd. Wheeler alleged was Wheeler’s rejoinder to that argument that she may have that Marsala’s actions constituted dental malpractice and acknowledged a dire condition, but that she did not consent that Dentpol Ltd. was liable for Marsala’s actions. to bad treatment. Dentpol Ltd. was ultimately dismissed on summary judgment. Marsala’s counsel argued that Wheeler had agreed to Plaintiff’s counsel called two of Wheeler’s subsequent one level of crown work, costing a relatively small amount, treating dentists, who testified about the condition of and was then convinced that only implants would give her Wheeler’s dental structure after years of Marsala’s crowning the 20 years of service she really wanted, even at a cost procedures. They said it was necessary to replace all of of nine times as much. However, counsel contended that Wheeler’s remaining teeth with implants. However, the Wheeler told Marsala that she could not afford implants. treating doctors did not review all of Wheeler’s records and Counsel further argued that it was Wheeler who abandoned were not permitted to offer expert testimony as to whether treatment with Marsala before his work was completed. Marsala’s dental work, as performed on Wheeler, deviated Her treatment began in July 2007. As part of that treatment from accepted standards of dental practice. The treating she was also seeing an orthodontist, who was straightening doctors believed that all of Wheeler’s remaining teeth, not her teeth during much of the same time. Counsel pointed to only the specific teeth that were crowned, had suffered the circumstances where, in 2011, a few months before her damage from Marsala. orthodontic work was to be completed and the final crowns Wheeler’s expert dental witness testified that Marsala were to be placed, Wheeler claimed that her bite did not feel committed dental malpractice by not having a specific right and sought a second opinion. Wheeler than abandoned dental plan for his work, and undertaking it in a haphazard her ongoing treatment before the orthodontist and Marsala and arbitrary approach. He opined that all of the crowning had completed their care.

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Marsala’s counsel contended that before commencing the M aryland treatment undertaken by Marsala and the orthodontist, Wheeler had rejected any suggestions to place implants or extract any teeth, and told Marsala to save her natural Neurosurgeon remaining teeth at all costs. Counsel contended that Wheeler Neurosurgery — Surgical Error — Unnecessary Procedure knew that when she made that statement that the survival of her teeth might be short-term and that it was likely she would Suit: Neurosurgeon negligently end up with extractions and implants. Defense counsel argued that when Wheeler’s subsequent performed back surgery treating dentist testified, he did not have the benefit of Wheeler’s prior dental records and could not opine Verdict $528,338 directly on the standard of care given by Marsala and the orthodontist. Defense counsel was also able to extract from Case Harry Rowe v. Timothy Grayson Burke, M.D. that treating dentist that ordinary care by Marsala would not and Maryland Brain & Spine, LLC, have changed the outcome and that only a high-level team of No. C-02-CV-16-001039 experts would have been able to save her teeth if the clock Court Anne Arundel County, Circuit Court, MD could go back to 2007. Judge Stacy W. McCormack De at 8/23/2017 I njuries/Damages dental; tooth loss Wheeler claimed she had paid nearly $28,000 in advance Plaintiff to have 20 of her teeth crowned and that she incurred just Attorney(s) Ralph L. Arnsdorf, Franklin & Prokopik, under $200,000 in subsequent dental bills to remove all P.C., Baltimore, MD her teeth and provide full implant replacements. Thus, Jessica J. Ayd, Franklin & Prokopik, P.C., Wheeler sought compensatory damages for the subsequent Baltimore, MD costs of dental treatment and for the loss of a normal life, disfigurement, and pain and suffering. D efense Attorney(s) Aubrey Wray Fitch, IV, Wharton Levin Defense counsel denied that Marsala’s procedures failed, Ehrmantraut & Klein, PA, Annapolis, MD pointing to the fact that the crowns were still in place after David Lee Rutland, Wharton Levin four years, and argued that Marsala was not given the Ehrmantraut & Klein, PA, Annapolis, MD opportunity to finish the project. F acts & Allegations In 2012, plaintiff Harry Rowe, 45, R esult The jury found in favor of Wheeler and returned a a dispatcher and laborer, suffered a work-related back injury. damages award of $899,613.98. When conservative treatment provided through the workers’ Jennifer K. compensation carrier was unsuccessful, he underwent a Wheeler $199,614 past medical cost lumbar fusion performed by neurosurgeon Timothy Grayson $200,000 past loss of normal life Burke, M.D., from Maryland Brain & Spine, LLC. Burke $100,000 future loss of normal life also used bone morphogenetic protein (BMP) to stimulate $400,000 pain & suffering bone growth. A second surgery was then performed by $899,614 Burke. Rowe claimed neither of the surgeries provided relief, prompting him to seek treatment from another neurosurgeon, T rial Details Trial Length: 7 days who performed a third surgery. Trial Deliberations: 4 hours Rowe filed suit against Burke and his practice, alleging Jury Vote: 12-0 medical malpractice. After admitting that Burke was its employee, Maryland Plaintiff Brain & Spine was dismissed. The case proceeded against Expert(s) Paul L. Trombly, DDS, dentistry/odontology, Burke only. Brookline, MA Rowe alleged that the third surgery was needed because D efense Burke had negligently placed the instrumentation in the Expert(s) Joseph A. Favia, DDS, prosthodontics, initial surgery. According to Rowe, Burke placed the Arlington Heights, IL instrumentation too far posteriorly. Rowe further argued that the BMP procedure was not recommended in this case E ditor’s Note This report is based on information that and was unnecessary. was provided by plaintiff’s and defense counsel. Burke contended that the instrumentation had been properly placed, but instrumentation tends to migrate over time, which –Jon Steiger was a risk of the procedure. Burke also maintained that the BMP procedure was appropriately used for this surgery.

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I njuries/Damages fusion, lumbar F acts & Allegations In 2012, plaintiff Sheri Fox, Rowe alleged that he required additional surgical 40s, an animal control officer, was diagnosed with an procedures due to improper placement of instrumentation 8-cm dermoid cyst that was later found to be malignant. by Burke. Rowe also claimed he underwent an unnecessary This diagnosis necessitated a laparoscopic oophorectomy procedure (BMP). (removal of her ovaries) performed by OB-GYN Claudia Rowe claimed $164,000 in medicals and $60,000 for C. Hays, M.D. Post-operatively, Fox was diagnosed with one year of lost wages. He also sought damages for pain a perforated sigmoid colon, necessitating repair surgery, a and suffering. colostomy and a reversal of the colostomy. Burke denied negligence and contended that no damages Fox filed suit against Hays and her practice, Annapolis were due or owing. OB-GYN Associates, PC, alleging medical malpractice in violation of the standard of care. R esult The jury found for Rowe and determined that his Fox claimed that Hays perforated her sigmoid colon at the damages totaled $528,338.26. time of surgery. Fox argued that Hays failed to recognize and repair the injury intraoperatively. As a result, she claimed she T rial Details Trial Length: 3 days required multiple surgeries and an extended hospitalization. Trial Deliberations: 1.5 hours The defense denied any violations in the standard of care. The Jury Composition: 6 jurors defense contended that the sigmoid colon was not perforated Post- Trial A defense Motion for Judgment Notwithstanding during the oophorectomy and was completely unrelated to the Verdict or in the Alternative, Motion for New Trial was the surgery. Noting that Fox exhibited no symptoms of a denied. A notice of appeal was filed. perforation until five days after surgery, the defense asserted that the perforation did not occur until that time and was due E ditor’s Note This report is based on information that to other, non-surgical reasons, possibly a thermal injury or a was provided by plaintiff’s counsel. Defense counsel did not perforated diverticulum that occurred post-surgery. respond to a request for comment. I njuries/Damages bowel/colon/intestine, perforation; –Margi Banner colostomy; mental/psychological Fox suffered a perforation of the sigmoid colon, which required repair surgery and a colostomy, as well as reversal D elayed Diagnosis of the colostomy nine months later. She was hospitalized for two months after the initial surgery and had an Delayed Treatment — Failure to Detect — Gynecological Surgery extended recovery. Fox initially claimed she was permanently unable to Defense: Post-op perforation return to work and sought $4 million in damages. She later reduced her damages claim to $2 million for 4.5 years of was unrelated to surgery pain and suffering. Hays denied anything she did or failed to do caused Fox’s Verdict D efense injury and argued that Fox was not entitled to any damages. The defense denied that Fox had any ongoing difficulties Case Sheri Fox v. Claudia C. Hays, M.D. and and argued that she was able to return to work. The defense Annapolis OB-GYN Assocaites, P.C., presented evidence that Fox enjoyed parasailing post-surgery No. C02CV15002536 and had returned to a normal active life. Court Anne Arundel County, Circuit Court, MD Judge Paul Geotzke R esult The jury found for Hays and Annapolis OB-GYN De at 8/3/2017 Associates, PC and a defense verdict was entered.

Plaintiff T rial Details Trial Length: 9 days Attorney(s) Danielle S. Dinsmore, Law Offices of Peter Trial Deliberations: 5 hours G. Angelos, Baltimore, MD Jury Composition: 6 jurors Paul M. Vettori, Law Offices of Peter G. Angelos, Baltimore, MD Post- Trial There was no appeal and this case is closed.

D efense E ditor’s Note This report is based on information that Attorney(s) Shannon Madden Marshall, Goodell, was provided by defense counsel. Plaintiff’s counsel did not DeVries, Leech & Dann, Baltimore, MD respond to a request for comment. Craig B. Merkle, Goodell, DeVries, Leech & Dann, Baltimore, MD –Margi Banner

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D iabetic Care suit, which alleged medical malpractice and wrongful Hospital — Wrongful Death — Failure to Monitor death, was filed against internist/critical care doctor Enrique Samanez, M.D., internist Amare W. Abebe, M.D., pulmonologist Mesfin S. Gebremichael, M.D. and Failure to monitor patient’s pulmonologist Richard Lee, M.D., all of whom treated sodium level led to death: suit Toussaint during his hospitalization. Abebe’s practice, Metropolitan Hospitalists, LLC, and Doctors Community Hospital were also named as defendants. M ixed Verdict $2,459,304 Abebe, Gebremichael, Lee and Metropolitan Hospitalists Case Keisha Toussaint, Individually and as were dismissed prior to trial. The case proceeded against Personal Representative of the Estate of Samanez and Doctors Community Hospital only. Daniel S. Toussaint; Lucina Toussaint; The estate alleged that Toussaint was under the care of Daniel Toussaint, Jr.; and Lavern Toussaint Samanez when he suffered a sodium-level stroke. The estate v. Enrique Samanez, M.D., Amare W. Abebe, claimed that Samanez, as an agent of Doctors Community M.D., Mesfin S. Gebremichael, M.D., Hospital, failed to properly treat the patient and control the Richard Lee, M.D,.Metropolitan Hospitalists, hypernatremia, resulting in Toussaint’s death. According LLC and Doctors Community Hospital, to the estate, Samanez failed to continuously monitor No. CAL15-18272 Toussaint’s sodium levels, which quickly dropped and caused Court Prince George’s County, Circuit Court, MD the stroke. Judge John Paul Davey Samanez argued that he provided standard of care De at 8/28/2017 treatment and that the patient’s death was not a result of a sudden sodium drop during his shift. Samanez argued Plaintiff that he was just one of the patient’s treating doctors. He Attorney(s) Julia R. Arfaa, The ARFAA Law Group, contended that Toussaint’s sodium levels had fluctuated Baltimore, MD before he saw the patient, leveled off during his shift and Jonathan A. Cusson, The ARFAA Law then dropped. Samanez maintained that Toussaint suffered Group, Baltimore, MD from diabetic ketoacidosis and had severe metabolic derangement. Further, Samanez claimed he could not D efense pinpoint the sodium problem and that the patient’s death Attorney(s) A. Wray Fitch, IV, Wharton Levin was not due to negligence. Ehrmantraut & Klein, P.A., Annapollis, MD (Amare W. Abebe, M.D., Mesfin S. I njuries/Damages brain damage; death; loss of society; Gebremichael, M.D., Metropolitan stroke Hospitalists, LLC, Richard Lee, M.D.) Toussaint died from cerebral edema and a brain herniation Erica Collier Mudd, Armstrong, Donahue, following an alleged sodium level stroke. Toussaint was Ceppos & Vaughan, Chartered, survived by his spouse and children. Rockville, MD (Doctors Community The estate sought economic and non-economic damages, Hospital) as well as damages for wrongful death. G. Branch Taylor, Taylor & Uhl, LLC, The defense disputed the cause of the patient’s stroke. Chevy , MD (Enrirque Samanez, M.D.) Diane M. Uhl, Taylor & Uhl, LLC, R esult The jury found for the estate against Samanez and Chevy Chase, MD (Enrirque Samanez, M.D.) determined that the estate’s damages totaled $2,459,304. Michael K. Wiggins, Wharton Levin Doctors Community Hospital received a defense verdict. Ehrmantraut & Klein, P.A., Annapolis, MD (Amare W. Abebe, M.D., Mesfin S. T rial Details Trial Length: 6 days Gebremichael, M.D., Metropolitan Trial Deliberations: 6 hours Hospitalists, LLC, Richard Lee, M.D.) Jury Composition: 6 jurors

F acts & Allegations On Jan. 7, 2013, plaintiff’s decedent Plaintiff Daniel S. Toussaint, 47, an airline mechanic, presented to the Expert(s) Robert D. Johnson, C.P.A., C.F.E., emergency room at Doctors Community Hospital in Lanham. economics, Palo Alto, CA Toussaint had a history of diagnosed diabetes and was Jeffrey Mandell, M.D., radiology, Boston, MA reportedly suffering from diabetic hypernatremia (high sodium Gary Saltzman, M.D., hospitalist medicine, levels in his blood). While at the hospital, Toussaint suffered Providence, RI cerebral edema, a brain herniation and death. D efense Keisha Toussaint, Daniel’s widow, filed suit individually Expert(s) None reported and on behalf of the estate and their three children. The

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Post- Trial Plaintiffs filed a notice of appeal on the basis Holly’s mother, Dushon Watkins, filed suit on behalf that the hospital’s agency issue was not properly handled. of Holly’s estate, suing John Wilburn, M.D., the hospital A defense Motion for New Trial or, in the Alternative, and its various legal entities, Detroit Receiving Hospital Remittitur was pending at the time of publication. and University Health Center, Legacy DRH-UHC Legacy SHGD VHS of Michigan, ER Now, VHS Detroit Receiving E ditor’s Note This report is based on information that Hospital, Inc., Detroit Medical Center and Detroit Medical was provided by plaintiffs’ counsel. Defense counsel did not Center Corporation. The lawsuit alleged medical malpractice respond to a request for comment. and wrongful death. All of the defendants except Detroit Receiving Hospital –Margi Banner and Detroit Medical Center were dismissed by the estate prior to trial. According to the lawsuit, Holly was evaluated by a resident on Michigan October 16, and was found to have high blood pressure, a high respiratory rate and blood with an oxygen level of 94 percent. Failure to Diagnose Dr. Wilburn, the attending physician, did an electrocardiogram Failure to Monitor — Failure to Detect — Failure to Test — Misdiagnosis and diagnosed her with viral syndrome, also known as chronic fatigue syndrome; mild normocytic anemia, a condition that Estate: Doctors failed to detect affects red blood cells; and dehydration. Wilburn discharged Holly after her condition improved with fluids and rest at the and treat deadly embolism hospital. Holly returned home, but her shortness of breath continued and worsened the next day. She returned to the ER Verdict $40,000,000 that afternoon via ambulance with the same symptoms, but her condition had severely deteriorated. Medical personnel Case Dushon Watkins as the personal aggressively tried to resuscitate her as she went from being alert representative of the estate of Terra Holly, and oriented times three (although distressed with difficulty deceased, v. Detroit Receiving Hospital breathing and hypoxic) to becoming nonverbal. She was and University Health Center, Detroit intubated. At 2:48 p.m., about 48 minutes after her arrival Medical Center, Detroit Medical Center at the ER, her heart rate decreased to 52 beats per minute. Corporation, ER Now, Legacy FRH-UHC, Within five minutes, she had no pulse. Resuscitation continued Legacy SHGD, VHS Detroit Receiving and, after another 31 minutes, Holly regained a pulse of 97 Hospital, Inc., VHS of Michigan and Dr. for six minutes before going back into cardiac arrest. She was John M. Wilburn, No. 2015-011510-NH pronounced dead at 3:50 p.m. Court Wayne County, Circuit Court, MI The estate claimed that Holly died from a massive Judge Annette J. Berry pulmonary embolism and, had doctors treated her with De at 8/28/2017 anticoagulants/blood thinners during her first ER visit, she would not have suffered the fatal condition the next day. The Plaintiff estate alleged several deviations from the accepted standard Attorney(s) Geoffrey N. Fieger, Fieger, Fieger, Kenney & of care the first time Holly went to the ER, especially in Harrington, P.C., Southfield, MI light of clear indications of a pulmonary embolism at that James R. McCullen, Fieger, Fieger, Kenney visit. The estate argued that the deviations included a failure & Harrington, P.C., Southfield, MI to complete a full evaluation of Holly’s condition; failing to include a venous thromboembolism on the differential D efense diagnosis; failing to perform and review diagnostic tests Attorney(s) Matthew Piccirilli, Tanoury, Nauts, to confirm the diagnosis; failing to review and respond McKinney & Garbarino, PLLC, Livonia, MI to available data on Holly’s condition; failing to treat the William A. Tanoury, Tanoury, Nauts, venous thromboembolism with anticoagulants; and failing McKinney & Garbarino, PLLC, Livonia, MI to admit Holly to monitor her condition. F acts & Allegations On Oct. 16, 2013, plaintiff Terrea An emergency medicine expert who testified for Holly’s Holly, 26, a mortuary assistant, went to the emergency room estate said that a D-dimer test, which looks for the presence at Detroit Receiving Hospital with high heart and respiratory of blood clots, should have been conducted to rule out the rates and shortness of breath with exertion that had lasted possibility of a pulmonary embolism. for five days. After being evaluated and undergoing an The defense claimed Holly had been suffering from a cold electrocardiogram, she was released. However, her condition and was asymptomatic by the time she was discharged. The worsened the next day and she was transported back to the decision to release her was reasonable, the defense claimed, hospital by ambulance. While at the hospital, she suffered and a blood clot found during her autopsy was not the clot cardiac arrest and was pronounced dead at 3:50 p.m. that caused her death.

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There had been an argument by the estate that a right N ew Jersey bundle branch block, which was present in this case, was a sign of a pulmonary embolism. Two emergency medicine experts for the defense refuted this, asserting that the science Unnecessary Procedure supporting this claim had been “debunked.” Surgical Error — Informed Consent — Orthopedic Surgery

I njuries/Damages cardiac arrest; death; embolism; pulmonary/respiratory Patient alleged surgeon performed Holly allegedly died from cardiac arrest brought on by unnecessary biopsy a pulmonary embolism. She was survived by her parents, Dushon and Joseph Watkins, and her sister, Tiarra Watkins. Verdict $1,200,000 The estate sought all damages possible under Michigan’s wrongful death statute, Michigan Compiled Laws § 600.2922, Case Samantha Alpert v. Steven G. Robbins MD, including expenses for medical costs, burial and funeral; Center for Orthopedics, John Does 1-10, lost wages; pain and suffering endured by the deceased; No. ESS-L-4439-14 pain and suffering experienced by the family; and loss of Court Essex County Superior Court, NJ care and companionship. Judge Annette Scoca The defense claimed that damages should be limited because De at 10/26/2017 Holly, at 359 pounds, was overweight and likely would never have gotten a lucrative job. The defense also argued that Plaintiff Holly’s household services to her family were minimal. Attorney(s) Susan F. Connors, Nagel Rice, LLP, Roseland, NJ R esult The jury determined that the hospital was negligent Bruce H. Nagel, Nagel Rice, LLP, and deviated from the standard of care, resulting in Holly’s Roseland, NJ death. The jury determined that the estate’s damages totaled $40 million. D efense The verdict was expected to be reduced pursuant to the Attorney(s) Louis John Dughi, Jr., Dughi, Hewit & state’s on non-economic damages. Domalewski, P.C., Cranford, NJ

T rial Details Trial Length: 8 days F acts & Allegations On Feb. 8, 2012, plaintiff Samantha Trial Deliberations: 3 hours Alpert, 17, had a surgical biopsy on her left leg at the Center for Orthopedics, in West Orange. The biopsy was performed Plaintiff by orthopedic surgeon Steven G. Robbins. Expert(s) Saul Levine, M.D., emergency medicine, Alpert had seen Robbins about removal of a benign bone San Diego, CA growth, or osteochondroma, in her left leg. Robbins decided Nitin Paranjpe, Ph.D., economics, to perform a surgical biopsy to determine if the growth was Bloomfield Hills, MI cancerous. During the procedure, Alpert suffered nerve Werner E. Spitz, Ph.D., forensic pathology, damage to her leg. St. Clair Shores, MI Alpert sued Robbins, alleging negligence amounting Andrew S. Wachtel, M.D., pulmonology, to medical malpractice. She also sued the Center for Los Angeles, CA Orthopedics, claiming the facility was vicariously liable. Alpert contended that Robbins had performed an D efense unnecessary procedure and had failed to fully inform her and Expert(s) Ljubisa J. Dragovic, M.D., forensic pathology, her parents that there were other, less intrusive treatments. Pontiac, MI Counsel for Alpert claimed that Robbins should not Robert C. Hyzy, M.D., pulmonology, have performed the biopsy, which was done by an incision Ann Arbor, MI into cartilage and bone for a tissue sample, because the Francis T. McGeorge, M.D., emergency chance of cancer in a person her age with her condition medicine, Detroit, MI was a fraction of 1 percent. The risk of harm from the Mark J. Thomson, M.D., emergency surgery out-weighed the risk of cancer, but this was not medicine, Southfield, MI converyed to Alpert or her parents. Counsel also argued that had Robbins provided this information, and educated E ditor’s Note This report is based on information that them as to alternative treatment options, such as excision, was provided by plaintiff’s counsel. Additional information they would not have consented to the biopsy surgery. In was gleaned from media reports. Defense counsel did not addition, counsel said that they would have elected to respond to the reporter’s phone calls. have the entire osteochondroma removed and then have it –Alan Burdziak pathologically examined.

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Robbins denied negligence. He contended that an MRI T rial Details Trial Length: 6 days showed possible malignancy and that a surgical biopsy was Trial Deliberations: 3 hours indicated to make a determination about malignancy and to develop a further treatment plan. He also said that he had Plaintiff treated the surgery as a two-stage process, with the biopsy Expert(s) Roger Behar, M.D., neurology, Somerset, NJ done first, followed by the excision, both under anesthesia. (treating doctor) Robbins’ expert orthopedic oncologist opined that he did D efense not depart from the standard of care. Expert(s) Richard D. Lackman, M.D., orthopedics, I njuries/Damages decreased range of motion; leg; nerve Camden, NJ damage, femoral nerve; nerve damage/neuropathy; nerve, Jeffrey C. Pollock, M.D., neurology, severed/torn; neurological impairment; numbness; physical Summit, NJ therapy; swelling Post- Trial Paintiff’s counsel was awarded attorneys fees Alpert sustained severe damage to the saphenous nerve of and costs because a $1 million offer of judgment was rejected. her left leg, which was cut during surgery. The saphenous nerve, the longest branch of the femoral nerve, carries E ditor’s Note This report is based on information that sensory information from the thigh to the foot. was provided by plaintiff’s counsel. Defense counsel did not Six weeks after the biopsy, she saw another doctor for respond to the reporter’s phone calls. surgical repair of the nerve and for surgery to remove the osteochondroma. –Gary Raynaldo Alpert was in excruciating pain and could not walk or stand for seven months, during which time she was confined to a wheelchair. She had five months of physical therapy and D elayed Diagnosis rehabilitation. She had to attend her high school prom and her graduation in a wheelchair. Delayed Treatment — Eye Surgery — Failure to Detect Alpert claimed that she still has residual pain, numbness, weakness, burning and tingling in her leg and has limitations Delayed diagnosis led to loss of performing activities of daily living from a decreased range of motion. She is still only able to walk for 30 to 40 minutes eye, patient contended before her leg becomes swollen and bruised. She loses her balance often while walking, and her leg gives out. S ettlement $900,000 Alpert was an All-State high school tennis player. She Case Anthony Iannone and Marie Iannone v. claimed she has been unable to play tennis since the surgery Philip N. Eichler MD, Joel D. Eichler MD, and would not be able to play for the rest of her life. Her Erdal Adam OD, Simki Shah OD, The Eye treating neurologist opined that her nerve injury is permanent Institute of Essex, and that the burning and other sensations of her leg would No. ESS-L-3238-14 impact her mobility. Court Essex County Superior Court, NJ Alpert sought to recover damages for medical expenses and De at 4/12/2017 for past and future pain and suffering. The defense counsel argued that the sensory nerve did not Plaintiff control motor function, so there was nothing preventing Attorney(s) Susan F. Connors, Nagel Rice, LLP, Alpert from resuming normal activity. Roseland, NJ The defense’s expert neurologist opined that Alpert had made a good recovery and was able to walk. D efense Attorney(s) Justin F. Johnson, Marshall, Dennehey, R esult The jury found that Robbins had not obtained informed Warner, Coleman & Goggin, Roseland, NJ consent from Alpert or her parents about other options before (Simki Shah, O.D.) performing surgery. The jury awarded Alpert $1.2 million. Lauren K. O’Neill, MacNeill, O’Neill & The plaintiff’s counsel was awarded attorneys fees and Riveles, LLC, Cedar Knolls, NJ (Joel D. costs because a $1 million Offer of Judgment was rejected. Eichler, M.D.) Debra Urbanowicz Pandos, The Pandos D emand Offer of judgment for $1,000,000 Law Group, LLC, Bedminster, NJ Or ffe None reported (Erdal Adam, O.D.) Insurer(s) ProAssurance Casualty Co. for Robbins David P. Weeks, Ruprecht Hart Weeks & Princeton Insurance Co. for Ricciardulli, LLP, Westfield, NJ (Philip N. Center for Orthopedics Eichler, M.D., The Eye Institute of Essex)

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Facts & Allegations On Aug. 19, 2011, plaintiff the only failure was in failing to note those inspections in Anthony Iannone, 70, presented to his ophthalmologist, the chart. Philip N. Eichler, at The Eye Institute of Essex, in Belleville. Eichler also asserted that removal of the eye would have been Since 1991, Iannone had undergone routine yearly eye necessary, regardless of the time of diagnosis, and that the risk exams with Eichler. On this visit, Iannone had complaints of metastatic disease was not increased by the later diagnosis. of floaters and blurred vision in his left eye. His eyes were dilated but there was no notation of a nevus, or eye freckle, I njuries/Damages blindness, one eye; eye, loss of which would have likely caused his symptoms, recorded in Iannone’s left eye was removed through enucleation his chart. surgery, in which the entire eye is removed. He claimed the In March 2012, Iannone had three emergency visits to removal of one of his eyes has drastically altered the quality the facility, where he saw optometrist Simki Shah, as well of his life. as Eichler. He complained of left-eye blurry vision, redness, Iannone has an artificial eye which requires removal crust discharge, and tearing. The doctors each performed for cleaning and periodic readjustments with a prosthetic exterior exams and diagnosed a conjunctivitis-type infection. specialist. He said he loses his balance, cannot drive, and In May 2012, Iannone’s symptoms had worsened, and must wear protective eyeglasses to protect both eyes. His his left eye began bulging and tearing constantly. He saw lifestyle is severely restricted and he relies on his wife for an ophthalmologist from another practice, who diagnosed care, transportation, and assistance with mobility. Iannone’s a large choroidal melanoma, a common form of tumor, in wife brought a claim for loss of consortium. his left eye. The tumor was 16 mm in diameter and 12 mm R esult Prior to trial, the case was settled with Eichler, who in elevation. agreed to pay Iannone $900,000. Because the tumor had become malignant and was too large for other treatments, Iannone’s left eye was removed. Insurer(s) Princeton Insurance Co. for Iannone sued Philip Eichler and The Eye Institute of Essex. Philip N. Eichler, M.D. He also sued Joel Eichler, Adam, and Shah, but they were all dismissed, after arguing they were unaware of the nevus’ E ditor’s Note This report is based on information that was existance, because it was not in Iannone’s chart during their provided by plaintiffs’ counsel. Defense counsel for Philip N. emergency exams. Eichler and The Eye Institute of Essex did not respond to the Iannone alleged Philip Eichler was negligent for failing to reporter’s phone calls. Counsel for the dismissed defendants test for the tumor in 2011 or 2012, which led to a delayed were not asked to contribute. diagnosis, and a lost chance for treatment, and also for failing to annually check and record the status of the nevus. –Gary Raynaldo According to Iannone, in 1999, a small freckle had been seen in his left eye, and was noted in his chart by Adam, who subsequently retired. After the freckle was noted, Iannone contended, it should have been charted for growth and change at all annual appointments. The standard of care required yearly inspection, because of an increased risk that the freckle would grow into a malignant tumor. Although such exams and notations in the chart were done sporadically through 2004, the records did not make mention of the Checking up nevus from 2005 to 2011, including at the August 2011 visit, in which he complained of floaters and blurred vision. Moreover, Iannone claimed, no inspection of the nevus was made during those visits by the facility’s other doctors, on an Expert? because they were unaware of its existence, as the freckle had not been noted in his chart since 2005. Iannone maintained that the delay in diagnosis precluded alternative therapies, such as plaque brachytherapy, stereotactic radiation, or other eye-sparing treatments, and led to surgical removal of the eye. Iannone’s expert stated that the floaters present in Go to www.VerdictSearch.com August 2011 were a likely early indicator of malignant transformation of the freckle. or call 1-800-832-1900 Philip Eichler asserted that he had not departed from the to find the cases they’ve handled. standard of care, and argued that appropriate inspections of Iannone’s eyes were made throughout the years, and that

26 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice New Jersey

Post-p O erative Care F acts & Allegations On March 11, 2011, plaintiff Delayed Treatment — Failure to Detect — Failure to Treat Maria Mendez, a disabled housekeeper in her 40s, had back surgery at Premier Orthopaedic Association of South Jersey, in Vineland. The procedure was performed by Dr. Rahul Shah. Doctor argued spine implants Shad had diagnosed spinal stenosis, which is a narrowing shifted after patient left hospital of the spinal canal, and spondylolisthesis, a slippage of one vertebra onto another, and he recommended spinal surgery to address Mendez’ persistent lower back pain. Verdict D efense Shah performed fusion surgery on lumbar vertebrae L4 and Case Maria Mendez v. Rahul V. Shah, M.D., L5, and on L5 and S1. The procedure included insertion of both Premier Orthopaedic Associates Surgical prosthetic spacers between the vertebrae to replace damaged Center, LLC, Premier Orthopaedic discs and insertion of cages to promote the bone fusion. Association of South Jersey, Ian R. Gray, According to Mendez, in the weeks after surgery, she still PA-C, South Jersey Healthcare, Medtronic had lower back pain and nerve impingement, and films taken Sofamor Danek USA, Inc., Medtronic of her spine showed that there was movement and/or failure Spine, LLC, Medtronic USA, Inc., of the implants. Two months after the surgery, in May, Shah Medtronic, Inc., John Doe Corporations A performed revision surgery. through J, John Does A through J, Mendez sued Shah and his practice, Premier Orthopaedic No. 1:13-cv-01585-NLH-JS Association of South Jersey, alleging negligence amounting Court U.S. District Court, Camden, NJ to medical malpractice. Judge Noel L. Hillman In addition, Mendez sued several health care facilities and De at 9/29/2017 providers, and the manufacturers and distributors of the cage and spacers. However, all these defendants were dismissed on Plaintiff a motion for summary judgment. The trial proceeded against Attorney(s) Celia Ann Rooney, Rooney & Rooney, only Shah and his practice. Philadelphia, PA Mendez claimed that Shah had performed the surgery Michael T. Rooney, Rooney & Rooney, incorrectly, which resulted in the spacer between the L4 and Philadelphia, PA L5 vertebrae to move, causing impingement of the peroneal nerve. The peroneal nerve is branch of the sciatic nerve, D efense which extends through the lower extremities. The nerve Attorney(s) Jay J. Blumberg, Blumberg & Wolk LLC, damage allegedly caused foot drop, a syndrome that inhibits Woodbury, NJ (Rahul V. Shah, Ian R. Gray the ability to lift the foot at the ankle. PA-C, Permier Orthopaedic Association According to counsel for Mendez, Shah should have of South Jersey, Premier Orthopaedic discovered that there was a problem with the spacers before Associates Surgical Center LLC) she left the hospital. Her expert orthopedist supported this John F. Brenner, Pepper Hamilton LLP, contention, testifying that one of the spacers had moved Princeton, NJ (Medtronic Inc., Medtronic while she was hospitalized. Sofamor Danek USA Inc., Medtronic Spine, Shah insisted the surgery was performed properly and LLC, Medtronic USA Inc.) denied fault. He noted that after surgery he had taken Melissa Anne Chuderewicz, Pepper X-rays and MRIs but had not detected any movement of the Hamilton LLP, Princeton, NJ (Medtronic implants. The first time any movement was detected was long Inc., Medtronic Sofamor Danek USA Inc., after she left the hospital, eight to 10 days before revision Medtronic Spine, LLC, Medtronic USA Inc.) surgery was done to correct Mendez’ condition. Thomas J. Heavey, Grossman & Heavey PC, Counsel for Shah further pointed out that Mendez later Brick, NJ (Medtronic Inc., Medtronic Sofamor had hip replacement surgery, which could have aggravated Danek USA Inc., Medtronic Spine, LLC, her peroneal nerve. Medtronic USA Inc., South Jersey Healthcare) Maria E. Miller, Pepper Hamilton LLP, I njuries/Damages foot drop (drop foot); fusion, Philadelphia, PA (Medtronic Inc., Medtronic cervical, two-level; fusion, lumbar; hardware implanted; Sofamor Danek USA Inc., Medtronic nerve damage, peroneal nerve; nerve impingement; Spine, LLC, Medtronic USA Inc., Premier spondylolisthesis; stenosis Orthopaedic Associates Surgical Center LLC) After the revision surgery, Mendez complained of ongoing Christopher M. Wolk, Blumberg & Wolk, pain and discomfort in her lower back. She still suffers from LLC, Woodbury, NJ (Rahul V. Shah, Ian R. drop foot and cannot walk without falling. She continues to Gray PA-C, Permier Orthopaedic Association take pain medication and is unable to work. She testified that of South Jersey, Premier Orthopaedic she has to use a wheelchair to get around and had to have her Associates Surgical Center LLC) mother take care of her.

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About one year before trial, her mother died, and her F ailure to Test brother was unable to care for her, so Mendez had to move Failure to Treat — Failure to Diagnose — Failure to Refer to a residential rehabilitation facility, where she remains and likely will remain for the foreseeable future. Her expert orthopedist testified that because movement of the surgical Patient asserted failure to test hardware was not detected before she left the hospital, it led to partial leg amputation resulted in permanent injury. Her foot drop syndrome is causally related to the surgery, he said. Mendez sought S ettlement $1,000,000 damages for pain and suffering. The defense counsel’s orthopedic expert, after a review of Case William Parsons and Linda Parsons v. her medical records, said there was no indication of hardware Richard J. Schaller MD, Complete Care movement before she left the hospital. Her nerve injury and Medical Center, Amna Medical Care LLC, foot drop were not due to the surgery, he added. No. UNN-L-3789-15 Court Superior Court of Union County, NJ R esult The jury rendered a defense verdict, finding that De at 6/28/2017 Shah was not liable. Plaintiff D emand $250,000 Attorney(s) Susan F. Connors, Nagel Rice, LLP, Or ffe none reported Roseland, NJ Bruce H. Nagel, Nagel Rice, LLP, Insurer(s) Princeton Insurance Co. for Shah, Premier Roseland, NJ Orthopaedic Association of South Jersey D efense T rial Details Trial Length: 4 days Attorney(s) Lawrence H. Jacobs, Rosenberg Jacobs & Trial Deliberations: 5 hours Heller, PC, Morris Plains, NJ Plaintiff (Richard J. Schaller) Expert(s) Kim Garges, M.D., orthopedic surgery, None reported (Amna Medical Care LLC, Houston, TX Complete Care Medical Center)

D efense F acts & Allegations On July 15, 2014, plaintiff William Expert(s) David H. Clements, III, M.D., orthopedic Parsons, 68, retired, presented to the Complete Care Medical surgery, Cherry Hill, NJ Center in Scotch Plains, complaining of inflammation and infection on the bottom of his right foot. E ditor’s Note This report is based on information that The infection, which was an open, red, oozing wound, was provided by defense counsel for Shah and Premier extended from the bottom of his foot and around the top of Orthopaedic Association of South Jersey. Plaintiff’s counsel his foot, including around the great toe area. Parsons was a did not respond to the reporter’s phone calls. Attorneys for diabetic, a condition which often leads to infections such as the other defendants were not asked to contribute. his to become gangrenous. He also had a fever of 101.4. Parsons was seen by Dr. Richard Schaller, an urgent- –Alan Burdziak care physician who ran the medical center, which was one of a network of centers in New Jersey operating under the “Complete Care” name. Schaller ordered an office X-ray, which was negative for a fracture. He administered antibiotics by injection and discharged Parsons with instructions to return the next day for a second antibiotics injection. The SEND US YOUR CASES! next day, Schaller administered the second injection and he told Parsons to return two days later for a follow up visit. However, two days later Parsons instead went to a hospital Submit your cases for publication emergency room, because his foot appeared necrotic. At the ER, it was determined that his foot was gangrenous. Doctors in the VerdictSearch Newsletters amputated his foot at the hospital that day. About a week later, doctors performed a second amputation, below the knee. Parsons remained hospitalized until July 28. Call 1-800-832-1900 Parsons sued Schaller, Complete Care Medical Center, Email [email protected] and Amna Medical Care LLC. Schaller had sold his interest or go to www.VerdictSearch.com/submit in Complete Care Medical Center to Amna Medical Care, prior to trial.

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The case caption was amended to join Amna Medical New York Care as a defendant. Complete Care Medical Center did not answer pleadings and the court issued a default judgment against it. Surgical Error Counsel for Parsons alleged that Schaller’s treatment of his Oral Surgery — Oral Surgeon condition was negligence amounting to medical malpractice. Specifically, counsel claimed that Schaller departed from Dental implant caused blinding the standard of care at the initial office visit by not ordering additional testing for the infection. Had Schaller ordered injury, plaintiff claimed the testing, it would have revealed signs of gangrene that required Parsons be hospitalized for immediate treatment, S ettlement $2,000,000 including IV antibiotics, and be closely monitored. Schaller asserted that he did, in fact, advise Parsons at the Case Angie Spiro and Petrit Spiro v. The United first office visit to immediately go to an emergency room, States of America, No. 15-CV-03886-RA but Parsons refused. Counsel for Parsons disputed this Court U.S. District Court, Southern District, NY statement and claimed that Parsons’ medical chart made no De at 10/18/2016 mention of such advisements. According to Parsons, Schaller only requested an evaluation of Parsons in his office setting, Plaintiff Attorney(s) Ylber Albert Dauti, The Dauti Law Firm, P.C., without the close monitoring and IV antibiotics that would New York, NY be available in a hospital.

I njuries/Damages amputation, leg; amputation, leg D efense Attorney(s) Monica P. Folch, U.S. Attorney’s Office, (below the knee); foot; gangrene; infection; leg; necrosis; New York, NY phantom pain; prosthesis Parsons was fitted with a prosthesis for his right leg. He F acts & Allegations On Oct. 18, 2013, plaintiff Angie had in-patient physical and occupational therapy from July 28 Spiro, 56, a hairdresser, underwent surgery. The procedure through Aug. 9, 2014. He had out-patient rehabilitation from was performed at a federally funded clinic that was located September through May 2015. at Montefiore Medical Center, in the Bronx. Parsons claimed that he has difficulty removing the Spiro’s surgery was intended to involve installation of prosthesis and that his condition has affected his marriage. dental implants. The implants would have been placed in He also claimed he suffers from phantom pain and has the upper portion of Spiro’s jaw. The jaw lacked adequate great difficulty performing activities of daily living and bone, so bony matter was implanted within the region of household chores. Parsons, in addition, said he is unable to the maxillary sinuses, which flank the nose. After the bone participate in leisure activities, such as home maintenance, had been augmented, the surgeon inserted an implant. The gardening, and going to sporting events, which were all implant dislodged, and it migrated to the right orbit, which anticipated for his retirement. Parsons’ wife made a claim forms the socket of the right eye. for loss of consortium. Spiro was admitted to the hospital. Surgeons attempted to Schaller’s counsel did not actively dispute the issue of remove the displaced implant, but they were not successful. Parsons’ claimed damages. Spiro subsequently reported that she was experiencing diplopia, which is commonly termed “double vision.” R esult Prior to the retention of experts, the case was settled, Spiro claimed that the displaced implant damaged her optic with Schaller’s insurer agreeing to pay his full $1 million policy. nerve. The implant was surgically removed after 10 days had D emand $1,000,000, pursuant to offer of judgment passed, but Spiro suffered progressive deterioration of her right eye’s vision. She claimed that the eye’s vision has been Insurer(s) Conventus Inter-Insurance Exchange for completely lost. Schaller Spiro sued the clinic’s operator, the United States of America. She alleged that the surgeon failed to properly E ditor’s Note This report is based on information that insert the implant, that the surgeon’s failure constituted was provided by plaintiffs’ counsel. Defense counsel did not malpractice, and that the federal government was vicariously respond to the reporter’s phone calls. liable for the surgeon’s actions. Spiro’s expert dentist submitted a report in which he opined –Gary Raynaldo that the implant’s displacement was a result of an excessively forceful insertion. He contended that the displaced implant damaged the optic nerve. Defense counsel contended that the implant’s displacement was not a product of improper insertion. They claimed that the

December 2017 www.verdictsearch.com 29 N ew York Ver dictSearch Medical Malpractice implant was appropriately hand-tightened. They also contended n Egligent tREATMENT that Spiro’s injury occurred during the follow-up surgeries.

I njuries/Damages blindness, one eye; depression; Acupuncturist not liable for diplopia / double vision; eye; mental/psychological; nerve patient’s burns, defense argued damage, optic nerve; vision, partial loss of Spiro claimed that the displaced implant damaged her Verdict D efense optic nerve. She underwent two surgeries that were intended to retrieve the implant. The first surgery was not successful, Case Nivea Castro v. LiQun Yang, No. 12761/12 and Spiro claimed that she subsequently developed diplopia. Court Kings Supreme, NY The second surgery succeeded. Judge Mark I. Partnow Spiro claimed that she suffered progressive deterioration of De at 10/12/2017 her right eye’s vision, that the eye’s vision has been completely lost, and that her impairment prevents her performance of Plaintiff hairdressing work. She further claimed that her impairment Attorney(s) Michael A. Calano, Calano & Culhane, LLP, caused depression. She underwent psychological counseling, New York, NY and she undergoes ophthalmological treatment that is intended to preserve the health of her left eye. D efense Attorney(s) Marci D. Mitkoff, Marks, O’Neill, O’Brien, Spiro sought recovery of past lost earnings, damages for Doherty & Kelly, P.C., New York, NY future loss of earnings, damages for past pain and suffering, and damages for future pain and suffering. Her husband F acts & Allegations On April 16, 2010, plaintiff Nivea sought recovery of damages for loss of services. Castro, 57, an attorney, underwent thermotherapy. The The defense’s expert ophthalmologist submitted a report treatment was administered by a licensed acupuncturist, in which he opined that Ms. Spiro can perform all of the LiQun Yang. Castro underwent 15 minutes of treatment of activities that she previously performed. He specified that each side of her face. She claimed that the treatment burned Spiro can resume her job. and scarred her face. Defense counsel contended that Spiro’s depression Castro sued Yang. Castro alleged that Yang administered predates this matter and had previously been addressed via inappropriate treatment that caused a permanent injury. Castro her use of medication. further alleged that Yang’s actions constituted malpractice. During the month that preceded Yang’s treatment of Castro, R esult The parties negotiated a pretrial settlement. The Castro underwent a face-lift. Castro’s expert dermatologist federal government agreed to pay $2 million. opined that Castro’s face had not fully healed, and he opined Plaintiff that thermotherapy should not have been postponed until Expert(s) Scott D. Ganz, D.M.D., oral surgery, further healing had occurred. Castro claimed that she had Fort Lee, NJ (did not testify) disclosed that she was experiencing numbness of her face’s skin. Robert Josephberg, M.D., , Castro’s expert also opined that the thermotherapy was Yonkers, NY (did not testify) not properly administered. The heat was delivered by a Larry S. Kirstein, M.D., , lamp. Castro estimated that 24 inches separated the lamp New York, NY (did not testify) and her skin, and her expert contended that a greater Kristin K. Kucsma, M.A., economics, distance was required. Livingston, NJ (did not testify) Yang claimed that Castro did not report that the thermotherapy was causing discomfort. Yang also claimed D efense that Castro had not accurately portrayed her medical history. Expert(s) David L. Crawford, Ph.D., economics, Philadelphia, PA (did not testify) I njuries/Damages burns; face; hypopigmentation; scar Dr. Rand Rodgers, ophthalmology, and/or disfigurement, face Great Neck, NY (did not testify) Castro claimed that thermotherapy burned her face. She Dr. Ilene Zwirn, psychiatry, New York, NY underwent two years of dermatological treatment, which (did not testify) included application of therapeutic pulses of light, application of therapeutic lasers and her use of a topical ointment. E ditor’s Note This report is based on information that She claimed that she suffers residual hypopigmentation was provided by plaintiffs’ counsel. Additional information of her face. She also claimed that each cheek retains an was gleaned from court documents. Defense counsel did not embarrassing scar. respond to the reporter’s phone calls. Castro sought recovery of a total of $400,000 for past and future pain and suffering. –Jack Deming Defense counsel contended that cosmetics can conceal Castro’s scars.

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R esult The jury rendered a defense verdict. to properly perform the septorhinoplasty, that Pearlman’s failure constituted malpractice, and that Pearlman’s practice D emand $250,000 was vicariously liable for Pearlman’s actions. Or ffe $50,000 McBride’s expert otolaryngologist noted that McBride’s injury is a result of a laceration of the exterior surface of Insurer(s) Allied Professionals Insurance Co. Inc. the nose. The expert contended that a septorhinoplasty’s T rial Details Trial Length: 4 days incisions are performed within the nose. He opined that Trial Deliberations: 30 minutes McBride’s laceration was a result of a departure from an Jury Vote: 5-1 accepted standard of medical care. Jury Composition: 4 male, 2 female Defense counsel contended that McBride’s injury is a rare, accepted complication of the surgery that Pearlman Plaintiff performed. Pearlman claimed that the injury occurred while Expert(s) Adam Geyer, M.D., , cartilage and skin were being lifted. He claimed that the New York, NY (treating doctor) maneuver is a necessary task that can cause a laceration. John Romano, M.D., dermatology, New York, NY I njuries/Damages facial laceration; scar and/or disfigurement, face D efense McBride suffered a laceration of the left side of his nose. Expert(s) None reported The laceration was closed via application of sutures. McBride retains a scar of his nose. He claimed that the scar E ditor’s Note This report is based on information that is noticeable and embarrassing. was provided by plaintiff’s and defense counsel. McBride sought recovery of a total of $2,025,000 for past medical expenses, past pain and suffering, and future pain –Alan Burdziak and suffering. Defense counsel claimed that McBride’s scar covers merely 5 millimeters of skin. He contended that the scar is s LUrgiCA eRROR not easily noticed. Cosmetic Surgery — Plastic Surgery — Ear, Nose & Throat R esult The jury rendered a defense verdict.

Patient’s scar an accepted result D emand $250,000 of surgery, doctor claimed Or ffe None Insurer(s) Medical Liability Mutual Insurance Co. for Verdict D efense both defendants

Case Brian McBride v. Steven J. Pearlman, MD T rial Details Trial Length: 5 days and Pearlman Aesthetic Surgery, P.C., Trial Deliberations: 40 minutes No. 805260/14 Jury Vote: 6-0 Court New York Supreme, NY Jury Composition: 1 male, 5 female Judge Joan A. Madden De at 10/20/2017 Plaintiff Expert(s) Roger M. Rose, M.D., otolaryngology, Plaintiff New York, NY Attorney(s) Anna Badalian, Krentsel & Guzman LLP, New York, NY D efense Expert(s) Norman Godfrey, M.D., plastic surgery/ D efense reconstructive surgery, Fresh Meadows, NY Attorney(s) Paul M. Paley, Garbarini & Scher, P.C., Robert T. Grant, M.D., plastic surgery/ New York, NY reconstructive surgery, New York, NY

F acts & Allegations On Jan. 24, 2012, plaintiff Post- Trial Justice Joan Madden denied plaintiff’s counsel’s Brian McBride, 29, a business’s owner, underwent a oral motion to set aside the verdict. septorhinoplasty, which involved surgical revision of his nose and septum. The procedure was performed by Dr. Steven E ditor’s Note This report is based on information that Pearlman. The surgery scarred McBride’s nose. was provided by plaintiff’s and defense counsel. McBride sued Pearlman and Pearlman’s practice, Pearlman –Alan Burdziak Aesthetic Surgery P.C. McBride alleged that Pearlman failed

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Ie nf ction Control reported that the infected area was swollen and painful, and Failure to Test — Failure to Treat — Delayed Treatment that Payami determined that the symptoms did not require intervention. Alvarado’s counsel contended that immediate intervention could have allowed milder treatment of the Patient’s noncompliance worsened infection. Payami did not concede that those symptoms had infection, doc claimed been reported to him or his staff, but he claimed that they would have been appropriately addressed. Defense counsel claimed that Alvarado’s postsurgical Verdict D efense complications were a result of Alvarado’s failure to utilize a Case Daniel Alvarado v. Manhattan Oral Facial postsurgical antibiotic that Payami had recommended. Surgery, LLC and Ali Payami, DMD, MD, Defense counsel challenged the contention that Payami No. 805325/13 should have delayed performance of the extraction. Court New York Supreme, NY He claimed that a delay could have caused dangerous Judge Arthur F. Engoron complications. Defense counsel also challenged the necessity De at 10/3/2017 of the presurgical tests that Alvarado’s expert identified. He claimed that postsurgical tests did not reveal an abnormality Plaintiff of Alvarado’s temperature or blood’s pressure, and he argued Attorney(s) John P. Tumelty, Tumelty & Spier, LLP, that presurgical tests would have produced similar results. New York, NY I njuries/Damages infection; respiratory D efense Alvarado suffered an infection of his jaw. The infection Attorney(s) Kenneth J. Burford, Schiavetti, Corgan, traveled to his trachea, and it greatly inhibited his respiration. DiEdwards, Weinberg & Nicholson, LLP, Alvarado underwent surgical drainage of the infected area, White Plains, NY and he required use of a medical ventilator. Alvarado’s condition fully resolved. He sought recovery of On March 27, 2013, plaintiff F acts & Allegations damages for past pain and suffering. Daniel Alvarado, 28, a mason, presented to a hospital. Alvarado had undergone extraction of an infected tooth. R esult The jury rendered a defense verdict. The extraction was not eventful, but Alvarado’s infection worsened during the days that followed the procedure. The D emand $550,000 infection was compressing his trachea, and he was suffering Or ffe None resultant impairment of his respiration. He underwent surgical drainage of the infected area, and he required use Insurer(s) Fortress Insurance Co. for both defendants of a medical ventilator. Alvarado claimed that the infection’s T rial Details Trial Length: 6 days progression was a result of inadequate treatment by the Jury Vote: 6-0 surgeon who extracted the infected tooth, Dr. Ali Payami. Alvarado sued Payami and Payami’s practice, Manhattan Plaintiff Oral Facial Surgery LLC. Alvarado alleged that Payami Expert(s) Francis J. Murphy, D.D.S., oral surgery, failed to properly address the infection, that Payami’s failure Rockville Centre, NY constituted malpractice, and that Manhattan Oral Facial Surgery was vicariously liable for Payami’s actions. D efense Alvarado’s oral-surgery expert opined that Payami Expert(s) Raymond J. Fonseca, D.M.D., oral surgery, should have delayed performance of the extraction. The Asheville, NC expert contended that Alvarado’s infection should have been eliminated before the surgery was performed. The E ditor’s Note This report is based on information that expert opined that a presurgical antibiotic should have was provided by defense counsel. Additional information was been prescribed. The expert further claimed that Payami gleaned from court documents. Plaintiff’s counsel did not underestimated the severity of the infection. He contended respond to the reporter’s phone calls. that Payami did not perform tests that would have revealed –Melissa Siegel the infection’s severity. He contended that Payami should have performed X-rays, that he should have measured the pressure of Alvarado’s blood, and that he should have WANTED: Verdicts measured Alvarado’s temperature. He claimed that those measures would have depicted the severity of the infection. We want to hear about your cases! Log on to Alvarado also claimed that Payami ignored postsurgical VerdictSearch and fill out a Case Report Form. symptoms that suggested that the infection had progressed. Alvarado claimed that he telephoned Payami’s office, that he www.verdictsearch.com

32 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice N ew York

F ailure to Refer plaque, and he contended that an angiography would not Failure to Test — Failure to Diagnose — Cardiac Care have revealed any condition that would have signaled an impending myocardial infarction. Defense counsel also contended that Colon had not Defense: Doctor couldn’t have presented any other symptom that suggested an impending foreseen myocardial infarction myocardial infarction. He noted that Colon’s symptoms had been recurring throughout the 10 years that preceded the myocardial infarction, and he argued that the Feb. 21 Verdict D efense symptoms were not new developments. The defense’s expert Case Juan Colon v. Leonard Lefkovic, M.D., cardiologist noted that an echocardiography had been Richmond Cardiological Services, PC and performed on Feb. 5, 2013, and he claimed that the test Island Medical Specialists, No. 150443/15 did not reveal a problem. However, plaintiff’s counsel Court Richmond Supreme, NY contended that the echocardiography’s results were not Judge Orlando Marrazzo, Jr. entirely decipherable. De at 10/13/2017 I njuries/Damages myocardial infarction Plaintiff Colon suffered a myocardial infarction. He underwent Attorney(s) Clara M. Villarreal, Staten Island, NY, implantation of a stent that relieved occlusion of an artery. trial counsel, Krentsel & Guzman LLP, Colon claimed that he suffers residual limitations that New York, NY diminish his enjoyment of life. He claimed that he previously enjoyed jogging, playing football, playing soccer and playing D efense with his granddaughter, but that his residual limitations Attorney(s) Glenn W. Dopf, Dopf, P.C., New York, NY prevent his resumption of those activities. Colon sought recovery of $1 million for past pain and On March 30, 2013, plaintiff F acts & Allegations suffering, and he sought recovery of $1.5 million for future Juan Colon, a 51-year-old unemployed man, suffered a pain and suffering. myocardial infarction. Defense counsel presented a document that indicated that During the preceding month, Colon claimed that he Colon had previously reported that he could not jog, that he was experiencing palpitation of his heart, impairment could not play football, that he could not play soccer, and that of his respiration and pain that stemmed from his chest. he could not play with his granddaughter. Defense counsel The symptoms were reported on Feb. 21, 2013. Colon’s also contended that Colon’s health was not diminished by cardiologist, Dr. Leonard Lefkovic, opined that intervention the myocardial infarction. He claimed that Colon’s heart was not required. After 37 days had passed, Colon’s demonstrates improved pumping capacity. myocardial infarction occurred. Colon sued Lefkovic and Lefkovic’s practices, Island R esult The jury rendered a defense verdict. Medical Specialists and Richmond Cardiological Services, PC. The lawsuit alleged that Lefkovic failed to address Insurer(s) Medical Liability Mutual Insurance Co. for symptoms that were precursors of Colon’s myocardial all defendants infarction, that Lefkovic’s failure constituted malpractice, and that Lefkovic’s practices were vicariously liable for T rial Details Trial Length: 7 days Lefkovic’s actions. Trial Deliberations: 25 minutes Plaintiff’s counsel contended that Colon’s myocardial Jury Vote: 6-0 (Lefkovic did not fail to infarction was signaled by acute coronary syndrome, which recognize the possibility of acute coronary involves blockage of one or more of the arteries that supply syndrome); 5-1 (Lefkovic did not fail to the heart. She claimed that the syndrome was indicated issue a necessary referral) by the symptoms that Colon reported on Feb. 21, 2013, Jury Composition: 1 male, 5 female and she argued that the symptoms should have prompted Plaintiff performance of an angiography. She contended that an Expert(s) Bruce D. Charash, M.D., cardiology, angiography would have revealed occlusion that ultimately New York, NY caused Colon’s myocardial infarction, and she argued that prompt intervention could have prevented the myocardial D efense infarction. She contended that Lefkovic should have suspected Expert(s) David Coven, M.D., interventional cardiology, that Colon may have been suffering acute coronary syndrome, New York, NY and she also contended that Colon should have been referred to a specialist who could have performed an angiography. Post- Trial Justice Orlando Marrazzo Jr. denied plaintiff’s Defense counsel claimed that Colon’s myocardial counsel’s oral motion to set aside the verdict. infarction was a result of a spontaneous rupture of arterial

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E ditor’s Note This report is based on information that The defense contended that they scheduled the appropriate was provided by defense counsel. Additional information was laboratory tests for Ricker, including an HCG (human gleaned from court documents. Plaintiff’s counsel did not chorionic gonadotropin test to diagnose an ectopic respond to the reporter’s phone calls. pregnancy), as well as written instructions for follow up at the time of her discharge from the emergency room. The –Melissa Siegel defense asserted that Ricker failed to follow the instructions or seek the necessary laboratory tests and, had she done so, the rupture would not have occurred. O hio Ricker reportedly ultimately admitted that she had received some instructions, but claimed the instructions were not as Emergency Room extensive as the defendants claimed. Failure to Communicate I njuries/Damages fallopian tube, loss of; hysterectomy Ricker suffered a ruptured fallopian tube as a result of an Failure to follow instructions ectopic pregnancy, necessitating a hysterectomy. Ricker sought non-economic damages for the surgery and led to hysterectomy, per defense extended pain and suffering. The defense denied negligence and argued that Ricker’s Verdict D efense failure to follow the instructions given to her at discharge led to the need for a hysterectomy. The defense also argued that Case Melissa Ricker v. St. Rita’s Medical Ricker had recovered with no complications. Center, Todd A. Bell, D.O., Ronda Nartker, P.A. and Lima Emergency R esult The jury found for the defendants and a defense Physicians, Inc., verdict was entered. No. CV 2014 0624 Court Allen County, Court of Common Pleas, OH T rial Details Trial Length: 3 days Judge Jeffrey L. Reed Trial Deliberations: 2 hours De at 6/30/2017 Jury Vote: 8-0

Plaintiff Plaintiff Attorney(s) James M. Roper, Isaac Wiles Burkholder & Expert(s) None reported Teetor, LLC, Columbus, OH D efense D efense Expert(s) Charles Emmerman, M.D., emergency Attorney(s) Susan Blasik-Miller, Freund Freeze & medicine, Cleveland, OH Arnold, Dayton, OH (Lima Emergency Physicians, Inc., Ronda Nartker, P.A., Post- Trial There was no appeal and this case is closed. Todd A. Bell, D.O.) E ditor’s Note This report is based on information that Timothy D. Krugh, Robison Curphey & was provided by defense counsel for the hospital. The other O’Connell, Toledo, OH (St. Rita’s attorneys did not respond to requests for comment. Medical Center) –Margi Banner F acts & Allegations On Dec. 9, 2009, plaintiff Melissa Ricker, 40, a sales/clerical employee, presented to the emergency room at St. Rita’s Medical Center. She had symptoms of a miscarriage. Todd A. Bell, D.O., an emergency physician, and Ronda Nartker, P.A., examined Ricker. She was treated Verdict Resources and released. About a month later, in January 2010, Ricker suffered a ruptured fallopian tube from an ectopic pregnancy VerdictSearch is the nation’s best and required a hysterectomy. Ricker filed suit against St. Rita’s Medical Center, Bell, source for verdict & settlement Nartker and Bell’s professional practice, Lima Emergency publications. Physicians, Inc., alleging medical malpractice. Call now to order or visit: Ricker alleged that the defendants negligently failed to provide laboratory scripts or written instructions for www.VerdictSearch.com follow-up at the time of her emergency room visit. As a result, she claimed she suffered a ruptured fallopian tube, which necessitated a hysterectomy. 1.800.832.1900

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Presi cr ption and Medication temperature, heart rate and respiration. They also conducted Wrongful Death various tests, including X-rays and an electrocardiogram, but he suffered cardiac arrest and died on July 1. On behalf of Burkett’s estate, his mother, Linda Thomas, Mental health department sued the Ohio Department of Mental Health, alleging that denied liability for man’s death her son’s treating psychiatrists should have known that myocarditis is a side effect of clozapine and that staff at the hospital had delayed treatment of her son after he began to D ecision D efense show symptoms of myocarditis. The suit also claimed that Case Linda Thomas, administrator of the estate initial symptoms of myocarditis went undetected. of Brian Burkett, Jr., deceased v. Ohio The state claimed the switch to clozapine was appropriate Department of Mental Health, and that doctors and staff at Twin Valley reacted quickly No. 2015-00487 and properly when Burkett began to show signs of Court Court of Claims, OH myocarditis. Burkett agreed to the medication switch, the Judge Patrick M. McGrath defense claimed, and there were no signs of any issues until N eutral(s) Anderson M. Renick the day before he died. De at 8/16/2017 I njuries/Damages death; heart; infection; myocarditis Plaintiff An autopsy revealed that Burkett died of myocarditis. He Attorney(s) Laura L. Mills, Mills, Mills, Fiely & Lucas, was survived by his daughter, parents and siblings. Columbus, OH Thomas testified about the impact her son’s death had on Natasha A. Wells Niklas, Kisling, Nestico her and the troubles he had known in his life. She testified & Redick, LLC, Fairlawn, OH that she had been hurt by his death and he had a history of mental illness. D efense Thomas sought damages for funeral expenses, loss of Attorney(s) Charles R. Janes, Attorney General’s Office, companionship and emotional suffering. Columbus, OH Eric A. Walker, Attorney General’s Office, R esult Magistrate Anderson Renick determined that the Columbus, OH Department of Mental Health was not liable for Burkett’s death and recommended that judgment be entered for the F acts & Allegations On June 13, 2010, plaintiff’s defense. Judge Patrick McGrath adopted the magistrate’s decedent Brian Burkett, Jr., 26, was a patient at Twin Valley decision and recommendation. Behavioral Healthcare, a state-run psychiatric hospital, in Columbus. He had been admitted to the Timothy B. Moritz Plaintiff Forensic Unit, or maximum security wing, of the facility Expert(s) J. Sidney Alexander, M.D. P.C., forensic on March 23, 2010, while awaiting trial on felony charges. psychiatry, Knoxville, TN The reason for his hospitalization was that he had been deemed incompetent to stand trial and was ordered there for D efense treatment. When he first arrived at the facility, he was placed Expert(s) Jeffrey S. Janofsky, M.D., forensic psychiatry, on a three-drug cocktail to treat schizoaffective disorder. Baltimore, MD Those drugs included the antipsychotic drugs Seroquel and Brian C. Swirsky, M.D., cardiology, Haldol, and Depakote to treat disruptive mood behaviors. Baton Rouge, LA However, Burkett did not respond to the medications and, Post- Trial Plaintiff filed an appeal, which was pending at on June 13, his treating psychiatrist prescribed clozapine, the time of publication. another antipsychotic. He was monitored by a psychiatrist for five days before he was placed on suicide watch. Three days E ditor’s Note This report is based on information that after that, on June 21, Burkett was taken off suicide watch. was provided by defense counsel. Plaintiff’s counsel did not He refused to take his medication on June 29 and June 30. respond to the reporter’s phone calls. He became lethargic, had an elevated temperature and was breathing rapidly, all of which are signs of myocarditis, which –Alan Burdziak is inflammation of the heart wall’s middle layer. He also had tachycardia, an increased heart rate, and his psychiatrist noted that these were the first signs of any complications from the medication. Burkett was taken via ambulance to the emergency room at Mount Carmel Hospital, where he was placed in the Neuro Intensive Care Unit. Doctors attempted to lower his

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Pennsylvania On Sept. 30, Carney had an MRI and biopsy of the left breast which further confirmed the cancer. On Nov. 2, she had a segmental mastectomy, by which the cancer and some Breast Cancer breast tissue around it were removed. She also had a sentinel Cancer Diagnosis — Failure to Diagnose — Failure to Test — Surgical Error node biopsy, to determine if the cancer had spread beyond the breast, with findings of a 3 cm invasive ductal carcinoma Surgeon’s breast-cancer exam with necrosis. She then had a course of chemotherapy and radiation therapy. was insufficient, patient alleged Carney sued Salatka, Weinstein, and Alle Kiski Medical Center, alleging that her breast cancer went undiagnosed. Verdict $375,000 Weinstein and Alle Kiski Medical Center were dismissed, prior to trial. Case Patricia Carney v. Karl W. Salatka, M.D., Carney’s expert in general surgery faulted Salatka for David P. Weinstein, M.D., and Alle Kiski failing to perform a thorough physical examination and Medical Center, No. GD-12-008485 cyst evaluation on the left breast and of the axilla, or Court Allegheny County Court of armpit. Salatka, by not performing a thorough breast Common Pleas, PA examination, failed to identify the palpable lump, thus Judge Paul F. Lutty Jr. failing to rule out the cancer in the lump. According to the De at 10/3/2017 expert, Salatka, through his use of substandard methods to diagnose and treat Carney’s breast cancer, delayed Plaintiff proper treatment and significantly altered the outcome of Attorney(s) Alyson J. Kirleis, Law Office of Alyson J. her cancer. Kirleis, Pittsburgh, PA Salatka’s expert in general surgery maintained that D efense Salatka’s treatment of Carney met the standard of care. Attorney(s) Cassidy L. Neal, Matis Baum O’Connor, According to the expert, Carney likely had an early stage Pittsburgh, PA (Karl W. Salatka) tumor upon evaluation by Salatka, and the staging did not None reported (Alle Kiski Medical Center, change significantly when she was ultimately diagnosed David P. Weinstein) four months later. Therefore, her ultimate survival risk was unchanged, the expert concluded. F acts & Allegations In April 2010, plaintiff Patricia Carney, in her early 40s and a resident of Lower Burrell, Injuries/Damages cancer, breast; chemotherapy; underwent a radiographic study of her left breast after emotional distress; mastectomy; necrosis; radiation therapy; having felt a lump. Radiologist David Weinstein interpreted scar and/or disfigurement, breast the study as showing a 3 mm cyst. She was recommended Carney received no further treatment, other than her to general-surgeon Karl Salatka. When she saw Salatka on courses of chemotherapy and radiation therapy. May 4, the physician, without additional tests, scheduled She testified about the emotional stress of being diagnosed her for a segmented resection, to remove the abnormal mass with cancer, losing part of her left breast, and fearing the in her breast. cancer might return. She sought damages for past and future On May 17, at Saltka’s recommendation, Carney underwent pain and suffering. an ultrasound-guided needle-localized biopsy at Alle Kiski R esult The jury found that Salatka was liable. Carney was Medical Center. The procedure was performed by Weinstein, determined to receive $375,000. who noted the presence of the cyst. Carney was immediately sent to the operating room, where Salatka performed a Patri cia segmental resection of part of the cyst. Following the Carney $275,000 past non-economic damages resection, Salatka closed the skin of Carney’s left breast using $100,000 future non-economic damages a skin-stapling device. She was discharged that day. $375,000 On May 24, 2010, Carney presented to Salatka’s office for a post-operative visit. She told Salatka’s nurse that the T rial Details Trial Length: 3 days palpable mass was still present. The nurse felt the remaining Plaintiff mass and advised Carney that the incision was healing nicely. Expert(s) Leo G. Frangipane Jr., M.D., general surgery, Carney was told to follow up with Salatka in a month. East Ellijay, GA Carney sought a second opinion, and on Sept. 17, she underwent a diagnostic mammogram, ultrasound, and D efense biopsy. A biopsied mass was positive for invasive ductal Expert(s) Ari D. Brooks, M.D., breast surgery, carcinoma, which is a cancer that has grown in a milk duct Philadelphia, PA and spread to the surrounding breast tissue.

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E ditor’s Note This report is based on information that Connell he was feeling better after having taken constipation was provided by plaintiff’s counsel and on court documents. medicine and was able to have a bowel movement. Defense counsel did not respond to the reporter’s phone calls. On Feb. 19, Nelson saw gastroenterologist Sadiya Chesty, David Weinstein and Alle Kiski Medical Center were not and said he was feeling better, as he continued to take the asked to contribute. constipation medicine and have bowel movements. He was discharged that day. That evening, Nelson’s severe –Aaron Jenkins abdominal pain returned. On Feb. 20, Nelson, who had stopped taking his constipation medicine, presented to Connell and Chesty’s practice, F ailure to Diagnose Regional Associates of Lancaster, where he saw gastroenterologist Carol Colton. Nelson described the Failure to Treat — Failure to Transfer — Failure to Detect — Misdiagnosis pain as being the same as he had experienced in the hospital, which had improved once he had a bowel movement. Colton Patient had heart attack, not examined Nelson, diagnosed constipation, and instructed mesenteric ischemia: doctors him to take a colon-cleansing product. That day, at around 6 p.m., Nelson moved his bowels and felt some relief. However, a short time later, he reported that Verdict D efense he needed to use the bathroom again and quickly became Case Lisa Nelson, individually and as incoherent. His wife left his side to call 911, and when she administrator for the Estate of Donald returned to the bathroom, Nelson was on the floor with Nelson v. Carl Colton, M.D., Daniel Connell, brown fluid coming from his nose and mouth. He was M.D., Sadiya Chesty, M.D., and Regional rushed to the hospital, where he was pronounced dead. An Gastroenterology Associates of Lancaster, autopsy determined that Nelson died from a bowel infarction No. CI-15-09768 secondary to mesenteric ischemia, a condition in which Court Lancaster County Court of bowel tissue dies as a result of insufficient blood flow, which Common Pleas, PA can, in turn, result from a blood clot. Judge James P. Cullen Nelson’s estate sued Connell, Chesty, Colton, and their De at 8/28/2017 practice, alleging that they failed to diagnose mesenteric ischemia during and after Nelson’s hospitalization. Plaintiff The estate’s expert in gastroenterology faulted the Attorney(s) April L. Strang-Kutay, Goldberg Katzman, physicians for failing to diagnose and treat mesenteric P.C., Harrisburg, PA ischemia, or inadequate blood flow to the intestine, while continuing to diagnose and treat for constipation, despite D efense Nelson’s severe pain and a lack of significant stool in his Attorney(s) Shaun J. Mumford, Saxton & Stump, LLC, colon. The expert maintained that Colton, given Nelson’s Lancaster, PA symptoms when she saw him on Feb. 20, should have sent him to an emergency room, where he would have gotten a full F acts & Allegations On Feb. 12, 2014, plaintiff’s workup and would have been properly treated. decedent, Donald Nelson, 66, presented to a hospital with The estate’s expert in vascular surgery maintained that if complaints of shortness of breath and chest pain. He was Colton sent Nelson to an emergency room, a clot would have seen by a cardiologist and diagnosed with a myocardial been discovered in the mesenteric artery, and surgery would infarction. He underwent an emergency thrombectomy, in have been performed. which three coronary stents were placed. The estate’s expert in cardiology opined that, although He was monitored during the ensuing days. no clotting was found in the MRA imaging, the radiologist On Feb. 16, Nelson started experiencing abdominal could only rule out clots in the first six centimeters of the pain, constipation, and dry stools. A CT scan showed mesenteric artery, and could not rule out whether there was a distended stomach. The next day, he was seen by a clotting in the distal branch vessels. The expert determined gastroenterologist, who suspected constipation, because that Nelson could have survived a surgery to remove the clot Nelson had not had a bowel movement since before his from the mesenteric artery, even though he had a heart attack heart attack. A Magnetic Resonance Angiogram, or MRA, eight days prior and had been treating with anti-coagulants. was ordered. An MRA is a type of MRI used to view blood Counsel for Connell, Chesty, and Colton maintained that vessels. It was ordered due to elevated lactic-acid levels, Nelson did not suffer from mesenteric ischemia during his which can be linked to constipation. The radiologist saw treatment with the gastroenterologists. no clots in the superior mesenteric artery, which supplies The coroner found that Nelson died of a bowel infarct, but blood to the intestine. did not state the cause of the infarct. The defense’s expert in On Feb. 18, Nelson was seen by gastroenterologist Daniel cardiology testified that he believed the cause of the infarct was Connell, who reviewed the MRA showing no clots. Nelson told

December 2017 www.verdictsearch.com 37 Pennsylvania Ver dictSearch Medical Malpractice a second heart attack, on Feb. 20. The expert said that no clots D efense had been found in the MRA or in two echocardiograms, which Expert(s) George Dangas, M.D., cardiology, showed no clots in the left ventricle, where clots originate before New York, NY migrating to the mesenteric artery. In addition, no clots were Mark H. DeLegge, M.D., gastroenterology, discovered during the autopsy. This demonstrated that Nelson’s Charlottesville, SC did not have mesenteric ischemia at any point during his care. Further, the autopsy found no clots in the mesenteric arteries, E ditor’s Note This report is based on information that but the bowel infarcted. The bowel infarcted due to a second was provided by defense counsel. Plaintiffs’ counsel did not heart attack on Feb. 20, causing diminished blood flow. respond to the reporter’s phone calls. The expert opined that it was not unusual for a radiologist –Aaron Jenkins not to see the smaller branch vessels in an MRA and reiterated that the finding of no clots in the mesenteric artery was correct. The expert concluded that Nelson had a very low survival chance if he were to undergo surgery to address D elayed Diagnosis a clot, since he was just eight days removed from his heart Delayed Treatment — Emergency Room — Hospital — Misdiagnosis attack and was on anticoagulants. The defense’s expert in gastroenterology maintained that Doctor, insisting patient initially Nelson was not suffering from mesenteric ischemia, because when Nelson saw Connell on Feb. 18, he stated that he was had stroke, stood by treatment feeling better. Had he been suffering from mesenteric ischemia, he would not be feeling better, because his bowels would be Verdict D efense necrotizing due to lack of blood flow, and his condition would have rapidly deteriorated. Additionally, constipation does not Case Edward Segal, as administrator for the completely go away by having a bowel movement. If one stops Estate of Sara Segal v. Main Line Hospitals treating constipation — as Nelson did when he discontinued his Inc., Lankenau Hospital, and David S. constipation medication — the constipation may return, as it Patchefsky, M.D., No. 2012-31789 did for Nelson. Moreover, constipation is not only an absence of Court Montgomery County Court of bowel movements, but it also includes small bowel movements, Common Pleas, PA which Nelson had experienced during his hospitalization. It Judge Thomas P. Rogers was reasonable for the gastroenterologists to believe that he De at 4/7/2017 was suffering from constipation, the expert stated. The expert concluded that the myocardial infarction Plaintiff Nelson suffered occurred after his appointment with Colton, Attorney(s) Joshua J. Knepp, Morris Wilson, P.C., and that the infarction occurred due to a low-flow state Plymouth Meeting, PA related to an underlying cardiac event. Robert F. Morris, Morris Wilson, P.C., Plymouth Meeting, PA I njuries/Damages abdomen; death; heart; infarction; ischemia D efense Nelson is survived by a wife and two daughters. His estate Attorney(s) Michael E. McGilvery, Young & sought damages under the Wrongful Death and Survival McGilvery, King of Prussia, PA (David S. Acts statute. Patchefsky, M.D.) Nelson’s wife testified about how Nelson had retired a couple None reported (Main Line Hospitals Inc., of years prior, and the couple was looking forward to their Lankenau Hospital) future. She sought damages for her claim for loss of consortium. F acts & Allegations On the evening of Dec. 25, 2010, R esult The jury found that Colton, Connell, and Chesty plaintiff’s decedent, Sara Segal, 102, presented to Lankenau were not liable. Hospital, in Wynnewood, with complaints of weakness, confusion, and slurred speech. She was seen by emergency-room T rial Details Trial Length: 5 days physician David Patchefsky. Segal’s son, who accompanied her to the emergency room, Plaintiff suspected that she was suffering from a stroke. About a month Expert(s) Michael J. Cohen, M.D., vascular surgery, prior, she had presented to the hospital with similar complaints; Orlando, FL she had been seen by Patchefsky, kept for about four days, and Michael V. Cohen, M.D., cardiology, diagnosed with a failure to thrive (frailty, weight-loss). Mobile, AL Patchefsky, after examining her on Dec. 25, suspected that David R. Kafonek, M.D., gastroenterology, her presentation was similar to that of the previous visit. Lutherville, MD A CT scan of her brain was negative, and Segal was kept

38 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice Pennsylvania / Rhode Island overnight. The next day, she was diagnosed with a stroke, E ditor’s Note This report is based on information that was after she could not move one side of her body and suffered from provided by plaintiffs’ and defense counsel. Main Line Hospitals facial droop. Segal died 14 months later, of unrelated causes. Inc. and Lankenau Hospital were not asked to contribute. Segal’s estate sued Patchefsky, Lankenau Hospital, and hospital-owner Main Line Hospitals Inc., alleging that Segal’s –Aaron Jenkins stroke was not diagnosed and treated in a timely manner. The estate’s expert in neurology testified that Segal, upon her presentation in the emergency room, was suffering from R hode Island a stroke, and that Patchefsky, pursuant to the standard of care, should have immediately administered tPA (tissue plasminogen activator), a medication to dissolve blood clots. F eatured Verdict According to the estate’s expert in emergency medicine, Segal had all the signs and symptoms of a stroke that should have prompted Patchefsky to call for a stroke alert, which D elayed Treatment would have necessitated the tPA. It was critical that the Failure to Treat medication be administered within three hours of diagnosis, since that is the window when it is most effective and Suit: Failure to administer blood prevents the stroke from worsening, the expert concluded. Patchefsky’s experts in neurology and emergency medicine thinner led to leg amputation maintained that it was dangerous for tPA to be administered to Segal, given her comorbidities, which included atrial Verdict $40,000,000 fibrillation (irregular heartbeat), dementia, a chronic bleeding Ac tual $61,606,575 disorder, arteriovenous malformation (poorly formed blood vessels), a fractured pelvis, and a hip replacement. Case Peter Sfameni v. John Ryan, Eric Winer, According to the experts, Segal was not suffering from a Rhode Island Hospital and University stroke in her initial presentation, and Patchefsky treated her Medicine Foundation, Inc., in accordance with the standard of care. No. PC-2013-1368 Court Providence and Bristol Counties, I njuries/Damages face; facial paralysis; hemiparesis; Superior Court, RI hemiplegia; paralysis; speech/language, impairment of; stroke Judge Kristin Rodgers Segal, upon her stroke diagnosis, was given a feeding tube. De at 9/21/2017 She was eventually transferred to an in-patient rehabilitation facility, and then discharged home, where her son cared for Plaintiff her until her death. Attorney(s) Michael P. Quinn, Jr., Decof, Decof & Segal’s son and granddaughter testified that she had Barry, PC, Providence, RI been an active 102-year-old, who lived independently and participated in family vacations. Following her stroke, she D efense was completely dependent on family members, as she was Attorney(s) Brian A. Fielding, Adler Cohen Harvey unable to walk, talk, eat (she had to use a feeding tube), or Wakeman & Guekguezian LLP, control her bowels and bladder. Her estate sought damages Providence, RI for past pain and suffering. Jennifer Boyd Herlihy, Adler Cohen Harvey Wakeman & Guekguezian LLP, R esult The jury found that Patchefsky was not negligent. Providence, RI

T rial Details Trial Length: 4 days F acts & Allegations On Dec. 17, 2010, plaintiff Peter Trial Deliberations: 10 minutes Sfameni, 55, presented to the emergency room at Rhode Island Hospital, with complaints of lower back pain, fatigue Plaintiff and weight loss. At the time of his presentation. Sfameni Expert(s) Nancy N. Futrell, M.D., neurology, advised the ER staff that he had recently stopped taking the , UT anticoagulant warfarin, per doctors orders, in preparation Jeffrey A. Glassberg, M.D., emergency for a colonoscopy. Although he had already undergone the medicine, New York, NY colonoscopy, which was negative, he was still not taking his blood thinner. D efense Sfameni was admitted to Rhode Island Hospital for a Expert(s) Peter M. Hill, M.D., emergency medicine, planned lymph-node biopsy. Dr. John Ryan, an internist, Baltimore, MD and Dr. Eric Winer, an oncologist, were Sfameni’s attending Stanley Tuhrim, M.D., neurology, doctors. Two days later, a bone-marrow biopsy was New York, NY

December 2017 www.verdictsearch.com 39 Roh de Island Ver dictSearch Medical Malpractice performed instead of the lymph-node biopsy. Sfameni The defense did not actively dispute Sfameni’s injury and was discharged on December 22, without ever having damages. However, the defense did maintain that Sfameni undergone the lymph-node biopsy. The lymph-node biopsy had improved and appeared to be getting along better in his was expected to be performed in early January 2011. In the quality of life. meantime, Sfameni was instructed upon his discharge from the hospital to not take blood thinners until a week after the R esult The jury found Ryan, Winer, University Medicine lymph-node biopsy. In the interim, Sfameni became severely Foundation, Inc. and Rhode Island Hospital negligent ill with life-threatening blood clots in his legs and lungs on and jointly and severally liable. The jury determined that Dec. 28, 2010. He returned to Rhode Island Hospital and Sfameni’s damages totaled $40 Million. was given anticoagulants, but his right leg became severely The final judgment awarded interest at the rate of 12 percent gangrenous. Doctors were unable to save the right leg due as provided by law in the amount of $21,606,575, for a total to the serious nature of the gangrene that had developed. judgment of $61,606,575. An above-the-knee amputation of the leg was performed. T rial Details Trial Length: 8 days Sfameni sued Ryan, Winer and their employer, University Trial Deliberations: 2 hours Medicine Foundation, Inc., as well as Rhode Island Hospital, Jury Vote: 8-0 which employed the emergency room residents. The lawsuit alleged medical malpractice. Plaintiff Sfameni alleged that he would not have suffered the life- Expert(s) Joel S. Bennett, M.D., , threatening blood clots that resulted in the loss of his leg if Philadelphia, PA Ryan and Winer had properly administered blood thinners at the time of his discharge. D efense Sfameni’s medical expert opined that, if the doctors were Expert(s) Jeanine A. Carlson, M.D., internal medicine, going to discharge Sfameni home on Dec. 22, 2010 without Boston, MA performing the planned lymph-node biopsy, the standard of Henry Rinder, M.D., hematology, care required Lovenox to be prescribed until the biopsy was New Haven, CT done in early 2011. The expert opined that Lovenox would have sufficiently anticoagulated the patient’s blood to prevent Post- Trial The defendants filed motions for a new trial the blood clots in his lungs/legs from forming. and remittitur, arguing that the jury award proved the jury Ryan and Winer contended that they did not depart from the had been inappropriately impassioned against the defendants. standard in the care and treatment they provided to Sfameni. The motions were pending at the time of publication. The defense’s hematology expert opined that it was E ditor’s Note This report is based on information that acceptable to send Sfameni home without anticoagulation was provided by plaintiff’s counsel. Defense counsel did not because there was a risk of bleeding. The defense’s internal respond to the reporter’s phone calls. medicine expert agreed with the hematology expert’s opinion. The parties stipulated that if Ryan, Winer or both were –Gary Raynaldo found liable, then University Medicine Foundation, Inc. would be liable as well.

I njuries/Damages amputation, leg; amputation, leg (above the knee); deep vein thrombosis; gangrene; infection; prosthesis On Jan. 7, 2011, Sfameni’s right leg was amputated above the knee, followed by five months of hospitalization and then four months of rehabilitation. Sfameni was fitted with @ VerdictSearch.com a prosthesis, but experienced comfort issues with it. He had to be fitted with two additional prostheses until one was Verdict & Settlement Details: comfortable and functioned properly. Sfameni claimed he experiences constant phantom pain. He A ccess the facts on 140,000 also claimed anxiety, depression, immobility and isolation, as experts, judges, attorneys, award well as a loss of his independence. Moreover, Sfameni argued breakdowns and more! that he is fearful of finding a romantic partner who will accept him as a disabled person and that he is embarrassed Log on or call 1-800-445-6823 for by his disabled appearance. According to Sfameni, he has more information. become a recluse inside his home and rarely goes out. @ Sfameni only sought to recover damages for past and future pain and suffering. He was unemployed at the time of his Your Best Source for Verdict & Settlements News & Research injury. His counsel suggested that the jury award $20 million.

40 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice S outh Carolina

S outh Carolina received a call back from McFadden until several days after she had called him. Bishop alleged that she was not given the option of Plastic Surgeon McFadden performing the final laser treatment versus the Informed Consent — Physician’s Assistant physician’s assistant/aesthetician performing it, constituting a lack of informed consent. She argued that the assistant Patient said burn to lower leg lacked the training necessary to perform the procedure and that the laser used was set too high, causing the burn. Further, was due to medical negligence Bishop asserted that the use of lidocaine was contraindicated with the alexandrite laser. Verdict $39,300 The defense contended that the physician’s assistant was properly trained to perform the procedure, the procedure Case Shannon M. Bishop and Richard Bishop v. was correctly performed and a burn injury was a risk of the Thomas C. McFadden, Jr. d/b/a Advanced procedure. Further, the defense maintained that Bishop was Cosmetic Surgery and Greenville Plastic comparatively negligent in failing to seek treatment with Surgery, PA, No. 2015CP2306036 McFadden, rather than emergency treatment. Had she done Court Greenville County, Court of so, the defense contended, then the injury would not have Common Pleas, SC resulted in scarring. Judge Perry H. Gravely De at 7/27/2017 I njuries/Damages burns, third degree; leg; loss of consortium; scar and/or disfigurement; skin graft Plaintiff Bishop suffered a 10-cm full-thickness, third-degree burn Attorney(s) Charles J. Hodge, Hodge & Langley Law to her lower leg during removal of a tattoo. She required Firm, Spartanburg, SC skin grafting. She claimed scarring and disfigurement to the T. Ryan Langley, Hodge & Langley Law lower leg. Firm, Spartanburg, SC Bishop claimed in excess of $20,000 in medicals and approximately $3,000 in lost wages. She also sought damages D efense for pain and suffering and permanent disfigurement. Her spouse, Attorney(s) Martin S. Driggers, Jr., Sweeny Wingate & Richard Bishop, claimed damages for loss of consortium. Barrow, PA, Hartsville, SC The defense disputed that any damages were due or owing William O. Sweeny, III, Sweeny Wingate & and contended that the scarring was the result of Bishop’s Barrow, PA, Columbia, SC own negligence. F acts & Allegations On Feb. 27, 2014, plaintiff Shannon R esult The jury found for Bishop and awarded her $37,800. M. Bishop, 40, a college registrar, presented to Advanced Her husband was awarded $1,500 for loss of consortium. Cosmetic Surgery/Greenville Plastic Surgery, PA for the fifth treatment related to removal of a lower leg tattoo. At this R ichard visit, Bishop reportedly suffered a 10-cm third-degree burn. Bishop $1,500 past loss of consortium Bishop sued Advanced Cosmetic Surgery/Greenville Plastic $1,500 Surgery, PA and its cosmetic surgeon, Thomas C. McFadden, Jr., M.D., alleging lack of informed consent and negligence. S hannon M. Bishop $37,800 damages Bishop alleged that the four previous treatments had been $37,800 performed by McFadden, but on the fifth visit, McFadden’s physician’s assistant/aesthetician performed the treatment. T rial Details Trial Length: 4 days According to Bishop, the procedure was performed using Trial Deliberations: 4 hours an alexandrite laser after she had requested and was given Jury Composition: 12 jurors lidocaine to reduce the pain. Bishop claimed the physician’s assistant used 36 percent more “triggers” than had been used Post- Trial There was no appeal. The judgment was paid in earlier treatments. and this case is closed. Bishop alleged that she called the medical office several times the following day to complaint of pain and was told by E ditor’s Note This report is based on information that office personnel to put ice on the injured area and elevate her was provided by plaintiffs’ counsel. Defense counsel did not leg. Bishop said she then presented to a local emergency room respond to a request for comment. for treatment of the injury. At that time, she was diagnosed –Margi Banner with cellulitis and a third-degree burn. Bishop underwent skin grafting by another plastic surgeon, which she said resulted in scarring and disfigurement. She claimed she never

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Attorneys Martin, Sidney J...... 5 Cases McCubbin, Michael ...... 10 Arfaa, Julia R...... 22 Alpert v. Robbins ...... 24 McCullen, James R...... 23 Arnsdorf, Ralph L...... 20 Alvarado v. Manhattan Oral McGilvery, Michael E...... 38 Medical Malpractice Ayd, Jessica J...... 20 Facial Surgery, LLC ...... 32 Merkle, Craig B...... 21 Editor Badalian, Anna ...... 31 Basavatia v. Berger ...... 15 Miller, Maria E...... 27 Tim Heinz Barber, D. Scott ...... 7 Bishop v. McFadden ...... 41 Mills, Laura L...... 35 Reporters Bertram, Catherine D...... 10 Booth v. Behnke ...... 14 Rick Archer, Jacqueline Birzon, Jack Deming, Mitkoff, Marci D...... 30 Blasik-Miller, Susan ...... 34 Burkett, Estate of v. Ohio Department Priya Idiculla, Aaron Jenkins, Gary Raynaldo, Morris, Robert F...... 38 of Mental Health ...... 35 Max Robinson, John Schneider Blumberg, Jay J...... 27 Motley, Dale E...... 7 Carney v. Salatka ...... 36 editor in chief Brenner, John F...... 27 Glenn Koch Mudd, Erica Collier ...... 22 Castro v. Yang ...... 30 Burford, Kenneth J...... 32 Assignment EditorS Mumford, Shaun J...... 37 Colon v. Lefkovic ...... 33 Burtker, David C...... 17 Calvin Brice, Philippe Dupre, Ryan Kasemeyer Nagel, Bruce H...... 24,28 Fox v. Hays ...... 21 Calano, Michael A...... 30 Senior Editor Nash, Thomas A. Jr...... 11 Hartman v. Dunne ...... 10 Jeff Skruck Chuderewicz, Melissa Anne . . . . . 27 Neal, Cassidy L...... 36 Holly, Estate of v. Detroit Receiving Comer, Joseph E...... 13 D irector-Operations, Niklas, Natasha A. Wells ...... 35 Hospital and University Database & Web Administration Connors, Susan F...... 24,25,28 O’Neill, Lauren K...... 25 Health Center ...... 23 Robert Benjamin Curshellas, Lisa L...... 17 Paley, Paul M...... 31 Iannone v. Eichler ...... 25 Sales Director Cusson, Jonathan A...... 22 Pandos, Debra Urbanowicz . . . . . 25 McBride v. Pearlman ...... 31 James Gault Dauti, Ylber Albert ...... 29 Piccirilli, Matthew ...... 23 Mendez v. Shah ...... 27 Graphic Designers WNS Global Services DeFalco, Marcelline ...... 17 Planek, Charles W...... 19 Nelson v. Colton ...... 37 Dinsmore, Danielle S...... 21 Plumridge, Thomas J...... 9 Noteboom v. Hoag Memorial VerdictSearch Medical Malpractice Dopf, Glenn W...... 33 120 Broadway, 5th Floor, New York, NY 10271 Porn, James H...... 13 Hospital Presbyterian ...... 7 (800) 832-1900 Doyle, Daniel W...... 7 Quinn, Michael P. Jr...... 39 Parsons v. Schaller ...... 28 VerdictSearch Medical Malpractice © 2017 ALM Media Properties, LLC. All rights reserved. Driggers, Martin S. Jr...... 41 Raymond, Clark M...... 17 Poliner, Estate of v. ProHealth Annual subscription rate is $395. Dughi, Louis John Jr...... 24 Raymond, Patricia E...... 17 Physicians PC ...... 9 For subscription inquiries, call 1-800-832-1900 Prajapati v. Kim ...... 5 For advertising & reprint inquires, Fieger, Geoffrey N...... 23 Reilly, Carey B...... 9 call 1-866-546-0564 or email [email protected] Fielding, Brian A...... 39 Ricker v. St. Rita’s Medical Center . . . 34 To report a verdict or settlement, go to: Robbins, Clay III ...... 7 www.VerdictSearch.com Fitch, Aubrey Wray IV ...... 20 Rooney, Celia Ann ...... 27 Rowe v. Burke ...... 20 Fitch, A. Wray IV ...... 22 Rooney, Michael T...... 27 Segal, Estate of v. Main Line Hospitals Inc...... 38 Folch, Monica P...... 29 Roper, James M...... 34 Sfameni v. Ryan ...... 39 Green, Lisa M...... 14 Rutland, David Lee ...... 20 120 Broadway, 5th Floor • New York, NY 10271-1101 Spiro v. United States of America . . . 29 Bill Carter, President/CEO Habib, Robert A...... 19 Schafer, Terrence J...... 5 Thomas, Estate of v. Northshore Lenny Izzo, President/Legal Media Heath, Timothy W...... 13 Slocumb, Michael W...... 11 University Health System . . . . 13 David Saabye Chief Digital Officer Heavey, Thomas J...... 27 Smith, J. Craig ...... 9 Toussaint v. Samanez ...... 22 Molly Miller Chief Content Officer Herlihy, Jennifer Boyd ...... 39 Stamos, James J...... 15,17 Dana Rosen, SVP/General Counsel Wheeler v. Marsala ...... 19 Hodge, Charles J...... 41 Strang-Kutay, April L...... 37 Erin Dziekan Vice President Human Resources Williams v. Boyd ...... 11 Houston, T. Gabriel ...... 5 Strauss, Peter J...... 17 Willis v. Flagg ...... 17 Howie, Julie N...... 17 Sweeny, William O. III ...... 41 No portion of this publication including copying may be reproduced Jacobs, Lawrence H...... 28 Tanoury, William A...... 23 without prior written consent of the Publisher. You may obtain Courts consent by contacting VerdictSearch at 1-800-832-1900. Janes, Charles R...... 35 Taylor, G. Branch ...... 22 VerdictSearch is a registered trademark of ALM Media Jennings, Ted ...... 19 Tumelty, John P...... 32 California ...... 5 Properties, LLC. Copyright © 2017. All Rights Reserved. Johnson, Justin F...... 25 Uhl, Diane M...... 22 Connecticut ...... 9 Kiley, Robert E...... 9 Varchetto, Louis A...... 17 District of Columbia ...... 10 Kirleis, Alyson J...... 36 Vernick, Andrew E...... 10 Georgia ...... 11 Knepp, Joshua J...... 38 Vettori, Paul M...... 21 Illinois ...... 13 Kott, Andrea H...... 13 Villarreal, Clara M...... 33 Maryland ...... 20 Krugh, Timothy D...... 34 Walker, Eric A...... 35 Michigan ...... 23 Lagnese, Joyce A...... 9 Wasden, Wiley A. III ...... 11 New Jersey ...... 24 Lamorena, Gregory J...... 14 Weeks, David P...... 25 New York ...... 29 Langley, T. Ryan ...... 41 Wiggins, Michael K...... 22 Ohio ...... 34 MacInerney, John J...... 15 Wisner, Jeffrey ...... 9 Pennsylvania ...... 36 Macke, Tracie ...... 11 Wolk, Christopher M...... 27 Rhode Island ...... 39 Marshall, Shannon Madden ...... 21 Young, Laura J...... 14 South Carolina ...... 41

44 www.verdictsearch.com December 2017 VerdictSearch Medical Malpractice Index

Experts EMERGENCY NURSING NEUROLOGY Grant, Robert T. M.D...... 31 Martin, Bernadette R.N...... 9 Behar, Roger M.D...... 25 Keyes, Geoffrey M.D...... 18 ANATOMIC PATHOLOGY Vermeer, Marlene R. R.N...... 9 Fink, Alan J. M.D...... 10 Schechter, Loren M.D...... 18 McTighe, Arthur H. M.D...... 11 Futrell, Nancy N. M.D...... 39 FAMILY MEDICINE Pollock, Jeffrey C. M.D...... 25 PROSTHODONTICS ANESTHESIA DuPont, Michael F. M.D...... 15 Sanossian, Nerses M.D...... 7 Favia, Joseph A. DDS ...... 20 Tuhrim, Stanley M.D...... 39 McAlary, Brian G. M.D...... 18 FORENSIC PATHOLOGY PSYCHIATRY Dragovic, Ljubisa J. M.D...... 24 Kirstein, Larry S. M.D...... 30 ANESTHESIOLOGY NEURORADIOLOGY Spitz, Werner E. Ph.D...... 24 Zwirn, Dr. Ilene ...... 30 Cutter, Thomas W. M.D...... 18 Postel, Gregory C. M.D...... 10 Laurito, Charles M.D...... 18 FORENSIC PSYCHIATRY NEUROSURGERY PULMONOLOGY Janofsky, Jeffrey S. M.D...... 35 Hyzy, Robert C. M.D...... 24 BREAST SURGERY Herman, Martin D. M.D...... 14 Alexander, J. Sidney M.D., P.C. . . . . 35 Tapson, Victor F. M.D...... 14 Brooks, Ari D. M.D...... 36 Skaletsky, Gary M.D...... 14 Wachtel, Andrew S. M.D...... 24 GASTROENTEROLOGY CARDIAC CARE NURSE ANESTHETIST DeLegge, Mark H. M.D...... 38 Anderson, Lori R. CRNA ...... 18 RADIOLOGY Smego, Douglas R. M.D...... 15 Kafonek, David R. M.D...... 38 Barton, Charles CRNA ...... 18 Bowers, Joel B. M.D...... 11 Mandell, Jeffrey M.D...... 22 CARDIOLOGY Sommer, Brent CRNA ...... 18 GENERAL SURGERY Younis, Mark M.D...... 11 Berens, Stephen C. M.D...... 9 Frangipane, Leo G. Jr., M.D...... 36 ONCOLOGY Charash, Bruce D. M.D...... 33 Scoy-Mosher, Michael B. Van M.D. . . 10 UROLOGY Cohen, Michael V. M.D...... 38 HEMATOLOGY Costa, Joseph A. D.O...... 12 Dangas, George M.D...... 38 Bennett, Joel S. M.D...... 40 OPHTHALMOLOGY McVary, Kevin M.D...... 11 Swirsky, Brian C. M.D...... 35 Rinder, Henry M.D...... 40 Josephberg, Robert M.D...... 30 Naslund, Michael M.D...... 11 Wohlgelernter, Daniel M.D...... 9 Rodgers, Dr. Rand ...... 30 Santucci, Richard M.D...... 11 HOSPITALIST MEDICINE Symbas, Nikolas M.D...... 12 CRITICAL CARE Saltzman, Gary M.D...... 22 ORAL SURGERY Leo, James D. M.D...... 7 Fonseca, Raymond J. D.M.D...... 32 VASCULAR SURGERY INFECTIOUS DISEASES Ganz, Scott D. D.M.D...... 30 Brewster, David C. M.D...... 17 Cable, Douglas M.D...... 7 DENTISTRY/ODONTOLOGY Murphy, Francis J. D.D.S...... 32 Cohen, Michael J. M.D...... 38 Trombly, Paul L. DDS ...... 20 INTERNAL MEDICINE Halstuk, Kevin S. M.D...... 17 ORTHOPEDICS Bell, Kevin E. M.D...... 10 DERMATOLOGY Lackman, Richard D. M.D...... 25 Carlson, Jeanine A. M.D...... 40 Geyer, Adam M.D...... 31 Injuries Klein, William P. M.D...... 7 Romano, John M.D...... 31 ORTHOPEDIC SURGERY abdomen ...... 38 Kushner, David M.D...... 14 Fernandez, John MD ...... 18 amputation, leg ...... 29,40 Tureff, Steven E. M.D...... 15 ECONOMICS Garges, Kim M.D...... 28 amputation, leg (above the knee) . . 40 Johnson, Robert D. C.P.A., C.F.E., . . . 22 Clements, David H. III, M.D...... 28 INTERVENTIONAL CARDIOLOGY amputation, leg (below the knee) . . 29 Crawford, David L. Ph.D...... 30 arm ...... 18 Coven, David M.D...... 33 OTOLARYNGOLOGY Dolan, Laura Fuchs M.B.A...... 9 artery ...... 15 Rose, Roger M. M.D...... 31 Johnson, Robert W. C.P.A...... 9 INTERVENTIONAL RADIOLOGY blindness, one eye ...... 26,30 Kucsma, Kristin K. M.A...... 30 Chopra, Paramjit S. M.D...... 17 PATHOLOGY bowel/colon/intestine, perforation . . 21 McNulty, Jennie M. C.P.A...... 7 Hajdu, Steven M.D...... 10 brain damage ...... 6,22 LIFE CARE PLANNING Paranjpe, Nitin Ph.D...... 24 Hiserodt, John C. M.D...... 9 brain, internal bleeding ...... 6,10 Helvin, Stacey R. B.S.N., R.N...... 7 Zengler, Darryl R. M.A...... 7 Wheeler, Thomas M. M.D...... 11 burns ...... 30 Zaffarkhan, Khyber D.O...... 7 burns, third degree ...... 41 EMERGENCY MEDICINE PHARMACOLOGY MEDICAL TOXICOLOGY cancer, breast ...... 36 Emmerman, Charles M.D...... 34 Chem, Gourang P. Patel, B.S., ...... 14 Robin, Howard S. M.D...... 9 cardiac arrest ...... 8,24 Glassberg, Jeffrey A. M.D...... 39 chemotherapy ...... 36 Smollin, Craig M.D...... 9 PHYSICAL MEDICINE Hill, Peter M. M.D...... 39 colostomy ...... 11,21 Hedge, Thomas L. Jr., M.D...... 7 Levine, Saul M.D...... 24 NEPHROLOGY complex regional pain syndrome . . . 18 McGeorge, Francis T. M.D...... 24 Borkan, Steven C. M.D...... 12 PLASTIC SURGERY/ death ...... 8,10,14,22,24,35,38 Oh, Bismark Y. M.D...... 9 Knowlton, Gregory M.D...... 12 RECONSTRUCTIVE SURGERY decreased range of motion . . . . 18,25 Thomson, Mark J. M.D...... 24 Sweet, Richard M.D...... 14 Godfrey, Norman M.D...... 31 deep vein thrombosis ...... 14,40

December 2017 www.verdictsearch.com 45 Index VerdictSearch Medical Malpractice dental ...... 20 nerve impingement ...... 27 MAG Mutual Group ...... 12 Cosmetic surgery ...... 31 depression ...... 30 nerve, severed/torn ...... 25 Medical Liability Delayed diagnosis ...... 9,21,25,38 diplopia / double vision ...... 30 neurological impairment ...... 25 Mutual Insurance Co...... 31,33 Delayed treatment . . 21,25,27,32,38,39 Princeton Insurance Co. . . . . 25,26,28 drug overdose ...... 8 numbness ...... 25 Dentist ...... 19 paralysis ...... 39 ProAssurance ...... 11 embolism ...... 14,24 Diabetic care ...... 22 emotional distress ...... 36 penis ...... 11 ProAssurance Casualty Co...... 25 Ear, nose & throat ...... 31 eye ...... 30 phantom pain ...... 29 Emergency room ...... 7,34,38 eye, loss of ...... 26 physical therapy ...... 18,25 Judges/Neutrals Eye surgery ...... 25 face ...... 30,39 prosthesis ...... 29,40 Bauer, Ronald L...... 5 Failure to communicate ...... 14,34 facial laceration ...... 31 pulmonary/respiratory ...... 24 Berry, Annette J...... 23 facial paralysis ...... 39 radiation therapy ...... 36 Failure to detect . .10,15,21,23,25,27,37 Collins-Dole, Ann ...... 13 fallopian tube, loss of ...... 34 rectum ...... 11 Failure to diagnose . . .9,23,28,33,36,37 Coolidge, Hermann W. Jr...... 11 foot ...... 16,29 reflex sympathetic dystrophy . . . . 18 Failure to monitor ...... 22,23 Cullen, James P...... 37 foot drop (drop foot) ...... 27 renal failure ...... 12 Failure to refer ...... 9,28,33 Davey, John Paul ...... 22 fusion, cervical, two-level ...... 27 respiratory ...... 32 Failure to test . . .5,9,15,23,28,32,33,36 Dubay, Kevin ...... 9 fusion, lumbar ...... 21,27 respiratory distress ...... 8 Engoron, Arthur F...... 32 Failure to transfer ...... 37 gangrene ...... 29,40 scar and/or disfigurement ...... 41 Geotzke, Paul ...... 21 Failure to treat . . .10,14,27,28,32,37,39 hand ...... 18 scar and/or disfigurement, breast . . 36 Gooding, Martha K...... 7 Gynecological surgery ...... 21 hardware implanted ...... 27 scar and/or disfigurement, face . . 30,31 Gravely, Perry H...... 41 Hospital ...... 22,38 heart ...... 35,38 shoulder ...... 18 Hanlon, Kay Marie ...... 17 Infection control ...... 32 hemiparesis ...... 39 skin graft ...... 41 Harmening, Edward S...... 14 Informed consent ...... 24,41 hemiplegia ...... 39 speech/language, impairment of . . . 39 Hillman, Noel L...... 27 Lost chance of recovery ...... 19 hemorrhage ...... 6 spleen ...... 12 Holeman, Brian ...... 10 hypopigmentation ...... 30 spondylolisthesis ...... 27 Misdiagnosis ...... 23,37,38 Lutty, Paul F. Jr...... 36 hypotension ...... 12 stenosis ...... 27 Negligent treatment ...... 13,19,30 Madden, Joan A...... 31 hysterectomy ...... 34 stroke ...... 6,22,39 Neurosurgeon ...... 20 Marrazzo, Orlando Jr...... 33 incontinence ...... 11 subarachnoid hemorrhage . . . . . 10 Neurosurgery ...... 20 McCormack, Stacy W...... 20 infection ...... 12,29,32,35,38,40 swelling ...... 25 Nurse ...... 7 McGrath, Patrick M...... 35 ischemia ...... 16,38 tooth loss ...... 20 Partnow, Mark I...... 30 Oral surgeon ...... 29 leg ...... 16,25,29,41 urinary tract infection ...... 12 Reed, Jeffrey L...... 34 Oral surgery ...... 29 loss of consortium ...... 6,10,11,41 vision, partial loss of ...... 30 Renick, Anderson M...... 35 Orthopedic surgery ...... 24 loss of society ...... 8,10,22 Rodgers, Kristin ...... 39 Physician’s assistant ...... 41 malnutrition ...... 12 Insurers Rogers, Thomas P...... 38 Plastic surgeon ...... 17,41 mastectomy ...... 36 Allied Professionals Insurance Co. Inc. . 31 Scoca, Annette ...... 24 Plastic surgery ...... 17,31 mental/psychological ...... 21,30 Conventus Inter-Insurance Exchange . 29 Varga, James M...... 19 Post-operative care ...... 11,13,27 myocardial infarction ...... 33 Cooperative of American Premature discharge ...... 7 myocarditis ...... 35 Physicians, Inc...... 7 Topics Prescription and necrosis ...... 29,36 Coverys ...... 10 medication . . . . . 7,11,13,14,35 nerve damage, femoral nerve . . . 16,25 Doctors Co...... 18 Abandonment ...... 19 Surgical error . .10,15,17,20,24,29,31,36 nerve damage, median nerve . . . . 18 Fortress Insurance Co...... 32 Anesthesiology ...... 17 nerve damage/neuropathy . . . . . 25 Illinois State Medical Breast cancer ...... 36 Unnecessary procedure . . . . 15,20,24 nerve damage, optic nerve . . . . . 30 Insurance Exchange ...... 15 Cancer diagnosis ...... 36 Urological surgery ...... 10,11 nerve damage, peroneal nerve . . . . 27 ISMIE Mutual Insurance Co...... 17 Cardiac care ...... 33 Wrongful death ...... 7,9,13,22,35

reporting procedure: The case reports in this publication are based on leads gathered from various sources, including submissions from attorneys, court dockets and articles appearing in ALM publications or on news wires. We begin the reporting process by speaking to an attorney involved in the case and preparing a draft report. We then attempt to contact counsel for all parties via fax and phone. If an attorney does not respond by press time, we note this in the published text. Otherwise, we incorporate all comments we receive, subject to editing for style, clarity, grammar, brevity and sense. In addition to the amount awarded by the jury or judge, reports include, where applicable, the plaintiff’s “net” recovery, arrived at after factoring in: plaintiff’s comparative liability as well as the liability assigned to previously settling defendants; high-low agreements; amounts paid by settling defendants or set-offs of said amounts; stipulated damages not submitted to the jury; punitive damages, interest, and attorney fees and costs if awarded by judge following verdict (otherwise in gross award); post-trial remittitur or additur and the impact of trebling and statutory caps.

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October 17, 2016 October 17, 2016

NEW YORK disc at L4-5; herniated disc at L5-S1; hypertrophy; knee surgery; cervical region, that Murray’s lumbar injuries were degenerative KINGS COUNTY lateral meniscus, tear; leg; physical therapy; shoulder; tendinitis/ conditions that predated the accident, and that Murray can resume tendinosis work. Defense counsel claimed that Murray underwent chiropractic Murray completed his workday without having sought medical treatment after a 1993 motor-vehicle accident that was the subject CONSTRUCTION attention. After three days had passed, he presented to a doctor. He of a prior personal-injury lawsuit filed by Murray. Labor Law — Workplace — Workplace Safety — Slips, Trips & Falls claimed that his back, his left leg, his left shoulder and his neck were painful. He was referred for further evaluation. RESULT The parties negotiated a pretrial settlement. Bonland Murray ultimately claimed that he sustained a tear of his left knee’s Industries’ insurer agreed to pay $7.4 million. Worker claimed rooftop fall caused injuries lateral meniscus, herniations of his L4-5 and L5-S1 intervertebral discs, and trauma that produced a protrusion of his C5-6 disc. He INSURER(S) Selective Insurance Group Inc. for Bonland of spine, kneeas published in further claimed that his left shoulder sustained trauma that led Industries to hypertrophy of the shoulder’s acromioclavicular joint. He also SETTLEMENT $7,400,000 air-conditioning unit that was located on a building’s roof. While claimed that the shoulder developed tendinosis. He claimed that PLAINTIFF he was attempting to remove a panel that was affixed to the unit, he later developed pain that radiated to his left leg, from his back. EXPERT(S) Kristin K. Kucsma, M.A., economics, Livingston, CASE Kenden A. Murray v. 502-12 86th Street LLC; The he fell off of a steel beam that was situated some three feet above Murray’s treatment began with physical therapy. The treatment NJ (did not testify) February 6, 2017 TJX Companies Inc. d/b/a T.J. Maxx; Schimenti the roof’s surface. Murray landed on the roof, and he claimed that was typically rendered three times a week. The treatment is ongoing, Edwin F. Richter, M.D., physical medicine, Construction Co.; Schmenti Construction Co. Inc.; he sustained injuries of his back, a knee, his neck and a shoulder. though its frequency has decreased to weekly intervals. Stamford, CT (did not testify) & Pioneer General Construction Co. LLC, No. Murray sued the premises’ owner, 502/12 86th Street LLC; the On Oct. 6, 2011, Murray underwent arthroscopic surgery that Douglas C. Schottenstein, M.D., neurology, New California 13691/11 premises’ tenant, TJX Cos. Inc.; the construction project’s general addressed his left shoulder. On March 8, 2012, he underwent York, NY (treating doctor; did not testify) los angeles county COURT Kings Supreme contractor, Schimenti Construction Co. LLC; and another one of arthroscopic surgery that addressed his left knee. He subsequently Rohit B. Verma, M.D., orthopedic surgery, Great DATE 3/13/2016 the project’s contractors, Pioneer General Construction Co., LLC. underwent administration of two epidural injections of steroid- Neck, NY (treating doctor; did not testify) corPorations Murray alleged that the defendants violated the New York State based painkillers. In September 2013, he underwent a pair Officers’ and Directors’ Liability — Insurance — Coverage — Contracts PLAINTIFF Labor Law. of surgeries that involved fusion of the anterior and posterior DEFENSE ATTORNEY(S) Stephen J. Murphy, Block, O’Toole & Murphy, Schimenti Construction and TJX impleaded Murray’s employer, regions of his spine’s L5-S1 level. On Feb. 16, 2016, he underwent EXPERT(S) Peter D. Capotosto, M.S., C.R.C., vocational LLP, New York, NY Bonland Industries Inc. Schimenti Construction and TJX alleged implantation of a device that provided pain-relieving stimulation of rehabilitation, Rochester, NY (did not testify) Defendant broke promise to have Davidadequate L. Scher, Block, O’Toole & Murphy, LLP, that Bonland Industries controlled and directed Murray’s work his spine. Murray claimed that the device produced minimal relief. Richard Lechtenberg, M.D., New York, NY functions. They sought contractual indemnification. Murray further claimed that he suffers residual pain, that he neurology, Brooklyn, NY (did not insurance: plaintiff Pioneer General Construction did not answer the summons, and suffers a residual diminution of his back’s range of motion, that testify) DEFENSE Murray’s counsel did not pursue the claim against it. The matter he suffers a residual diminution of his left knee’s range of motion, Jane D. Mattson, Ph.D., life-care planning, Decision $442,795 litigation, ATTORNEY(S)the case went Mark to J.the Dolan Court, Napierski, of Appeal VanDenburgh, before proceeded against the remaining defendants. that he suffers a residual diminution of his left shoulder’s range Norwalk, CT (did not testify) Taylor could stop payingNapierski attorney & fees.O’Connor, L.L.P., Albany, NY Murray claimed that the air-conditioning unit’s panel could of motion, and that he suffers a residual diminution of his neck’s Jeffrey Passick, M.D., orthopedic surgery, case Tucker Taylor v. Llewellyn Werner, Taylor sued Werner, alleging(502/12 86thbreach Street of LLC,contract. TJX Cos.) not have been accessed without standing on the beam, which was range of motion. He also claimed that his residual effects prevent Brooklyn, NY (did not testify) No. SC121454 Taylor claimed that heWilliam agreed C. toLamboley serve on, Fabiani the board Cohen of & Hall, slightly less than 6 inches wide. Murray’s counsel contended that the his resumption of work. Sondra J. Pfeffer, M.D., radiology, court Superior Court of Los Angeles County, directors on the conditionLLP that, New he York, would NY have (Schimenti no financial Construction Co. incident stemmed from an elevation-related hazard, as defined by Murray sought recovery of past and future medical expenses, past New York, NY (did not testify) Santa Monica exposure and that theLLC) company would have adequate Labor Law § 240(1), and that Murray was not provided the proper, and future lost earnings, and damages for past and future pain and Jeffrey M. Spivak, M.D., spinal surgery, New JuDge Nancy L. Newman D&O liability insurance,Karen which A. Ondrovic would, Boeggeman,indemnify George him & Corde, safe equipment that is a requirement of the statute. suffering. York, NY (did not testify) Date 10/27/2016 from losses or advancementP.C., ofWhite defense Plains, costs NY in(Bonland the event Industries of Inc.) Murray’s counsel moved for summary judgment of liability. The Defense counsel contended that Murray did not sustain a a legal action for allegedNone wrongful reported acts (Pioneer while Generalhe was actingConstruction Co., motion was unopposed and granted. The third-party claim was also significant injury, given that Murray worked during the aftermath EDITOR’S NOTE This report is based on information that was pro- Plaintiff in his capacity as a director and officer. Taylor further LLC) decided via summary judgment. Bonland Industries was obligated to of the accident and that three days passed before Murray sought vided by plaintiff’s counsel. Pioneer General Construction’s counsel attorney(s) Dale E. Motley, Ogden & Motley, claimed that Werner agreed to those conditions, but failed indemnify Schimenti Construction and TJX. The matter proceeded medical attention. The defense’s expert orthopedist submitted a was not asked to contribute, and the remaining defendants’ counsel Los Angeles, CA to ensure the company had adequate insurance. FACTS & ALLEGATIONS On April 29, 2011, plaintiff Kenden to damages. report in which he opined that Murray exaggerated his symptoms. did not respond to the reporter’s phone calls. Plaintiff’s counsel argued that Werner breached an Murray, 38, a union-affiliated installer of sheet metal, worked The defense’s expert spinal surgeon submitted a report in which Defense oral agreement, which provided that if Taylor served attorney(s) Llewellyn Werner, pro se on the board,at a construction then Taylor site would that was not located have atany 502 financial 86th St., in the Bay INJURIES/DAMAGES arthroscopy; decreased range of motion; disc he opined that Murray did not sustain a traumatic injury of the –Jack Deming exposure Ridgeand thatsection the of Brooklyn.company Murraywould was have modifying adequate a commercial protrusion, cervical; epidural injections; fusion, lumbar; herniated facts & allegations In 2010, plaintiff Tucker Taylor D&O insurance. WWW.VERDICTSEARCH.COM

began serving on the board of directors of a company with Werner, who appeared pro se, denied ever making any 120 Broadway, 5th Floor, New york, Ny 10271 • 1.877.257.3382 • www.almrepriNts.com • © 2017 alm media properties, llc. all rights reserved. Further duplicatioN without permissioN is prohiBited. #061-07-17-03 which Llewellyn Werner was involved. such agreement with Taylor. Werner previously requested that Taylor serve on the board, and Taylor allegedly agreed under certain inJuries/Damages Taylor incurred attorney fees as a conditions. As a result, Taylor served on the board from result of defending himself in the 2012 lawsuit against the 2010 to 2012. company where he served on the board. Thus, he sought In 2012, Taylor was sued based on his position as a member recovery of the attorney fees he incurred in defending of the board. The suit was bought by a limited liability himself. company that was owned by the former Chief Executive Officer of the company. The former CEO allegedly owned result Judge Nancy Newman found that Werner breached more than 10 percent interest in the company that involved the contract he had with Taylor. She also determined that both Taylor and Werner. When Tucker tendered the claim Taylor’s damages totaled $442,794.70. for defense, he learned that the company’s directors and officers liability insurance policy contained an exclusion for eDitor’s note This report is based on information that claims brought by 10-percent shareholders. was provided by plaintiff’s counsel. Llewellyn Werner was Although the insurer defended under a reservation of not asked to contribute. rights, Taylor was forced to defend himself and incur attorney fees. Although Taylor ultimately prevailed in the –Priya Idiculla www.verD ictsearch.com 14” x 21”* 120 Broadway, 5th Floor, New york, Ny 10271 • 1.877.257.3382 • www.almrepriNts.com • © 2017 alm media properties, llc. all rights reserved. Further duplicatioN without permissioN is prohiBited. #061-04-17-10

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