In another great trial win, partner Adam E. Deutsch won a verdict of $7,000,000.00 in Bronx County Supreme Court. Adam was brought in as trial counsel by another law firm who had litigated the matter for nearly 8 years against a major Bronx hospital and its physicians. For the entirety of the litigation not a dollar was offered.
Our client, a 49-year-old man, presented to the Bronx hospital with chest and back pain and was diagnosed with a Type B aortic dissection. He was told he would need to undergo a thoracic endovascular aortic repair (TEVAR). After nearly 5 days in the hospital, he had the surgery. Upon waking up from surgery the following morning he was paralyzed from the waist down. The hospital responded by bringing him back to surgery to insert a spinal drain. He eventually regained movement in his legs. He spent another several months in rehab learning to walk again. He now walks with a walker and has some minor bowel and bladder issues. He was working as a security guard and was unable to return to employment.
At trial, we argued that the TEVAR was not indicated and that he could have been treated with medication and monitoring which is the standard of care for Type B dissections. Defendants countered that both are acceptable treatments, that they made a medical judgment in choosing surgery and therefore could not be held responsible. We also argued that even if they were both choices, the hospital and doctors failed to obtain our client’s informed consent giving him the options to choose from. There were also allegations relating to the post operative care, in that there was a delay in identifying the paralysis and treating it once discovered.
After nearly 4 weeks, the jury returned a verdict in favor of our client in the amount of $7,000,000.00.
It’s what we do.