Verdicts
Supreme Court, Dutchess County
The plaintiff alleged that the defendant gynecologic surgeon injured her bladder during a laparoscopic hysterectomy. The patient developed a post-operative hole in the bladder that progressed to become a vesico-vaginal fistula that required surgical correction.
Supreme Court, Ulster County
This trial concerned the nursing care of a hospitalized patient who had experienced respiratory failure, renal insufficiency, hypotension and pericardial tamponade after bronchoscopy, thoracoscopy, and pulmonary decortication. Treatment included pericardiocentesis, creation of a pericardial window, chest tube, mechanical ventilation and vasopressors. The patient also underwent a laparoscopic cholecystectomy at about that time. After transfer from the ICU to a medical/surgical unit, and while receiving anticoagulation, the patient complained of a pounding headache and visual changes, with an elevated blood pressure. The plaintiff alleged that the nurses failed to inform the attending physician about the headache, blood pressure and visual changes thereby allegedly delaying treatment that would have prevented the patient from developing a major hemorrhagic stroke. As a result of the stroke, the patient required a craniotomy and claimed to have become totally blind.
Supreme Court, Columbia County
The plaintiff sued two ophthalmologists, alleging negligence in the performance of surgery for cataract removal and placement of an intraocular lens, resulting in postoperative retinal detachment. The surgery had been complicated by a tear of the posterior chamber, need for vitrectomy and placement of a lens in the sulcus. The plaintiff also alleged negligence in postoperative evaluation of visual acuity changes and claimed that there was a delay in diagnosis of retinal detachment. After retinal detachment was diagnosed, the plaintiff was referred for retinal repair surgery, but had a poor outcome and lost functional vision in the affected eye.
Supreme Court, Ulster County
While the defendant obstetrician-gynecologist was performing a laparoscopic tubal ligation on the plaintiff, he inadvertently perforated the small bowel. While the plaintiff did not claim that the perforation itself was negligent, she alleged that the defendant was negligent in not diagnosing it sooner and that the delay necessitated a surgical repair by a general surgeon. The defendant argued that the patient’s post tubal ligation presentation was more consistent with post-operative ileus than a perforated bowel. The defense expert testified that the Veress needle that likely caused the damage did not go all the way through the bowel wall and thus there was no early leakage of bowel contents into the abdominal cavity. Moreover, the plaintiff was afebrile, did not have an elevated white blood cell count, and did not exhibit a surgical abdomen. It was also reassuring that she had had a bowel movement, good urine output and stable vital signs until the third postoperative day, when the perforation was recognized.
Supreme Court, New York County
The plaintiff/patient alleged that he received negligent hospital care and orthopedic treatment for a compound bi-malleolar ankle fracture. The patient claimed that he began to show signs and symptoms of a wound infection before he was discharged from the hospital. The plaintiff alleged, among other things, that he was discharged prematurely, that nursing staff failed to inform the orthopedic surgeon that he had a fever of 101.4° a few hours before discharge and that the patient was given insufficient antibiotics. The alleged injuries included severe infection at the fracture site, osteomyelitis, extensive subsequent hospitalization with 11 surgical operations, permanent disability and inability to return to work as a limousine driver.
Supreme Court, Orange County
The plaintiff, who was complaining of chest pain, went to the office of her physician, who performed an EKG and diagnosed her with an acute myocardial infarction. The plaintiff then drove herself to the hospital, where the defendant cardiologist administered thrombolytics which successfully restored coronary blood flow. The plaintiff was transferred to the ICU, where she complained of a frontal headache that resolved after she received Tylenol. She experienced a hemorrhagic stroke about twelve hours later. As a result of the stroke she sustained permanent mental and physical injuries. The plaintiff contended that the defendant negligently administered thrombolytics and failed to appreciate that a frontal headache that caused significant pain was a sign of an intracerebral bleed. The defense contended that the headache responded well to Tylenol and that thrombolytics were indicated in order to treat the myocardial infarction.