Estate of Flores v New York City Health and Hospitals
Feb 06, 2024
OUTCOME: 6,100,000.00 verdict for plaintiff
Client had injury to his esophagus after radiofrequency ablation treatment for atrial fibrillation. Condition was not timely diagnosed and that led to a rupture of his atrium, need for countless surgic...al interventions, amputation of his lower extremity and death.
Medical malpractice
SURGEON'S SUTURE LED TO PERMANENT DAMAGE
N/A
OUTCOME: Verdict: $8,178,200.00
$8M FOR SURGEON'S SUTURE LED TO PERMANENT DAMAGE
Verdict: $8,178,200.00
Case Type: Surgical Error, Medical Malpractice - Failure to Diagnose
Case: Paul Paluszkiewicz v. Edgar Borrero M.D.
Venue:... Suffolk Supreme, NY
Attorney: Eliot M. Wolf; Wolf & Fuhrman; Malverne, NY, for Paul Paluszkiewicz
Date: 01-25-2007
On May 7, 2001, plaintiff Paul Paluszkiewicz, 30, a milkman, underwent surgery that repaired a recurrent inguinal hernia. The procedure was performed by Dr. Edgar Borrero, at Good Samaritan Hospital Medical Center, in West Islip.
Paluszkiewicz subsequently reported that he was suffering residual pain. He underwent several types of pain-management treatment, but his pain did not subside. On Oct. 13, 2003, he underwent follow-up surgery that was performed by a different surgeon. The surgeon found that the pain was caused by entrapment of Paluszkiewicz's ilioinguinal nerve. The entrapment occupied an area that was addressed during the surgery that Borrero performed. Paluszkiewicz claimed that Borrero created the entrapment.
Paluszkiewicz sued Borrero. Paluszkiewicz alleged that Borrero failed to properly perform the May 2001 surgery, that Borrero failed to diagnose the cause of the postoperative pain and that Borrero's failures constituted medical malpractice.
Plaintiff's counsel claimed that Borrero sutured Paluszkiewicz's ilioinguinal nerve and the genital branch of Paluszkiewicz's genitofemoral nerve. He contended that the suture caused a strangulation of the nerves and that the strangulation caused Paluszkiewicz postoperative pain. He also contended that Borrero should have investigated the cause of the postoperative pain.
Borrero contended that he did not suture the genitofemoral nerve or the ilioinguinal nerve. He claimed that Paluszkiewicz's postoperative pain was caused by scar tissue or Paluszkiewicz's reaction to mesh that was used to patch the hernia.
Borrero also contended that the ilioinguinal nerve could move during the several days that follow such surgery and that the nerve does not stabilize until the conclusion of the natural healing process. Thus, he argued that the entrapment could have been a product of the natural healing process.
INJURY:
Paluszkiewicz suffered entrapment of his ilioinguinal nerve. The condition was addressed via surgery, but he claimed that he suffers residual neuropathy of his ilioinguinal nerve. He has undergone pain-management treatment that includes acupuncture, physical therapy and the administration of painkilling injections, but he contended that he suffers permanent pain that radiates to his left testicle. Paluszkiewicz's treating pain-management specialist opined that Paluszkiewicz will have to receive extensive doses of painkilling medication.
Paluszkiewicz also claimed that his pain prevents his resumption of work. He sought recovery of his future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering.
VERDICT INFORMATION:
The jury found that Borrero sutured Paluszkiewicz's ilioinguinal nerve and that Borrero was liable for Paluszkiewicz's postoperative pain. It determined that Paluszkiewicz's damages totaled $8,178,200.
Medical malpractice
9 Million for Heart-Op Botch
N/A
OUTCOME: 9 Million
BY BRAD HAMILTON
A heart patient left severely brain damaged after being operated on at SUNY Downstate Hospital in Brooklyn got a $9 million settlement from the state and the two doctors who performed... the procedure, The Post has learned.
Dr. Israel Jacobowitz and his partner, Dr. Mario Sabado, who had the worst patient-death rates among all doctors in the state in 1999, are required to pay $2.95 million.
The state will fork over $6 million.
Since undergoing surgery in 2000, Helen Brathwaite, 54, can no longer move or speak. She communicates by blinking.
Her attorney, Marvin Fuhrman, said the settlement would help pay for her care for the rest of her life, adding that it proved Jacobowitz didn't look after his patients properly.
"He pushes himself to do a huge volume, perhaps to maximize his reimbursement. As a result, his patients suffer," Fuhrman said.
The attorney also noted that insurance will cover the doctors' bill.
Brathwaite's husband, Eric, 48, a bus driver, doubts the settlement will change Jacobowitz.
"If the insurance company pays, he doesn't really feel the pain of it," he said.
Jacobowitz declined to comment, but hospital spokesman Ronald Najman said, "We're pleased the matter has been resolved. It's the appropriate thing to do."
Medical malpractice
Child Suffering from Cerebral Palsy as a Result of Negligent Delay in Performance of a Cesarean-Section
N/A
OUTCOME: $7,000,000.00
This 7,000,000.00 settlement was obtained prior to trial for our client. A child suffering from cerebral palsy as a result of a negligent delay in performance of a cesarean section that caused him to b...e deprived of oxygen resulting in brain damage and limited life expectancy.
Medical malpractice
A Nursing Assistant Who Suffered a Stroke and Was Improperly treated, Which furthered her injuries
N/A
OUTCOME: $3,000,000.00
Our client, a Nursing Assistant who had suffered a stroke presented to Montefiore Medical Center and was Improperly treated without being given anticoagulants or clot-buster medication. Shortly after a...dmission she suffered another stroke which furthered her injuries. During trial this matter was settled for an amount which will pay our client over $3,000,000.00 over the course of her life.
Medical malpractice
Failure To Recognize a Bowel Obstruction After Surgery
N/A
OUTCOME: $2,500,000.00
This clients case which a prominent plaintiff's Law Firm had rejected before she consulted Wolf & Fuhrman, involved the failure to recognize a bowel obstruction which resulted after surgery at NYU. NYU... had miraculously saved our client who had advanced ovarian cancer which they successfully treated. We proved that the obstruction should have been diagnosed earlier and obtained a settlement at a trial which generate over $2,500.000.00 over the course of her life.
Medical malpractice
Senior Citizen Suffered Following a Routine Surgery
N/A
OUTCOME: $1,100,000.00
While representing a senior citizen who had to testify through an interpreter, Wolf & Fuhrman obtained a jury verdict of $1,100,000.00 for injuries she suffered following a routine surgery to treat a p...rolapsed or protruding bladder. The doctor's insurance company never offered any money to settle this case before the jury verdict.
Medical malpractice
Woman Given To Much Blood Thinning Medication Resulting in a Massive Spinal Bleed Leaving Her Wheel Chair Bound
N/A
OUTCOME: $12,000,000.00
Wolf & Fuhrman, served as trial counsel in a case that resulted in a $12,000,000.00 verdict for a woman who was given to much blood thinning (coumadin) medication, which resulted in a massive spinal bl...eed leaving her wheel chair bound for the rest of her life.
Medical malpractice
Inmate Denied Medical Treatment, While Waiting Trial Resulted in his Death
N/A
OUTCOME: $1,000,000.00
Wolf & Fuhrman represented the estate of an inmate at Rikers Island, who while awaiting trial was denied medical treatment, which resulted in his death when he was finally transferred to a hospital. Th...e City vowed they would never offer any money to settle the case based on the client's criminal and medical history. Nevertheless, they did settle the case for close to a million dollars after two weeks of a hard fought trial. His two daughters actually received a payout of well over $1,000,000.00.
Medical malpractice
Wrongful Death Settlement
N/A
OUTCOME: $800,000.00
Wolf & Fuhrman, recently obtained a settlement of $800,000.00 for the estate of a client whose life expectancy was severely diminished based upon her long standing history of suffering an autoimmune he...patitis, that depleted her blood clotting factors causing her to bleed to death shortly after a liver biopsy.