Blog: Thoughts on Law and Life

Diabetic Wound Care (Confidential Sum)

This case was tried before a jury in Supreme Court, Queens County, on behalf of a 62 year-old Type I diabetic man who had been confined to a wheelchair since age 57 due to a spinal infection. Our case involved poor care of his diabetic wounds in his leg by a wound care specialist, including the use of compression dressings and the failure to consult with a vascular specialist. According to our vascular expert, this caused the compromise of the bypass that had been put into the plaintiff’s leg about 10 years earlier in order to restore his circulation, this bypass became infected, ultimately requiring amputation of the leg. The defense argued that the loss of plaintiff’s leg was the result of the natural progression of his diabetic condition, but we showed that the plaintiff’s wound did not spiral out of control until he came under the care of the defendant. By bringing in records from our client’s rehabilitation from when he first went into a wheelchair following the spinal infection five years earlier, we proved that he had a chance to walk again and now was forever deprived of that. After the jury returned a verdict in the plaintiff’s favor, the action was then settled for a confidential sum.

$425,000 Negligent Cosmetic Surgery

Our client, a 61 year-old gentleman, underwent cosmetic surgery to his face and abdomen. Afterwards, the plaintiff sustained infections to his surgical wounds in the abdomen and experienced some neurological trauma to the facial region. We claimed that the defendant/cosmetic surgeon failed to arrange for proper follow-up care resulting in the infection, and that the facial surgery was performed carelessly thus damaging a nerve. Our client’s malpractice suit was settled for $425,000 and, in addition, the physician was disciplined by the State as a result of his treatment of this client.

$450,000 Improper Medication

Our client was a woman who was being treated by a podiatrist for heel spurs (bony growths that form on the back of the feet). She had a previous history of gastrointestinal bleeding but the doctor prescribed Feldene, which, according to the drug’s manufacturer, is contraindicated for patients with such a history. After taking the Feldene, she again developed a gastrointestinal bleed and required surgery to stop it. The case proceeded to trial in Supreme Court, New York County and after jury selection it was settled for $450,000.

$500,000 Perforated Colon

A New Jersey woman undergoing a hysterectomy sustained a perforation to her colon that was not diagnosed until two days after the surgery. Our expert gynecologist testified at a deposition that while injury to the colon may occur even without malpractice, it was malpractice not to recognize this particular injury at the time of the hysterectomy. Our expert surgeon testified that as a result, our client required more surgery, had additional scars and other complications. The case settled before trial for $500,000.

$750,000 Uncontrolled Epileptic Seizure

The plaintiff was a 59 year-old businessman with a long history of epilepsy. In an effort to identify the location of his seizures, he underwent a diagnostic electro-encephilogram, where the patient is taken off his medications and is allowed to have uncontrolled seizures, which are monitored. While experiencing seizures during the procedure, the plaintiff suffered an anoxic episode, that is, a period when his brain was not receiving the proper amount of oxygen. As a result, the plaintiff sustained cognitive and expressive impairments including memory deficits and word-retrieval difficulties. We argued that the procedure should have been terminated before the seizure had progressed to a “grand-mal” state. The case was settled for $750,000.