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New York Personal Injury Attorneys

SPBMCC Partner Elizabeth Montesano Secures $800,000 Settlement for Medical Malpractice Victim

July 20, 2022 in

On April 21, 2022, SPBMCC Firm Partner Elizabeth Montesano, Esq. secured an $800,000 settlement for a Bronx man who suffered a lacerated facial nerve during ear surgery. 


44-Year-Old Undergoes Surgery for Cholesteatoma

On June 10, 2020, the plaintiff had surgery to remove a cholesteatoma, a noncancerous skin growth that developed in the middle of the ear behind the eardrum. Despite already having this procedure performed once, this was the plaintiff’s second surgery for this condition, as the tumor had returned. 


During the procedure, the physician noticed indicators that the surgery should be stopped since it could no longer be done safely without harming surrounding nerves and structures.


Physician Disregards Indicators of Unsafe Conditions

Unfortunately, the surgeon did not stop the surgery. During the procedure, the surgeon completely severed the right facial nerve at the tympanic segment, causing permanent upper and lower facial paralysis. 


Plaintiff Suffers Dramatic Life Changes

All aspects of the plaintiff’s life were affected as a result. He can no longer smile, eat, drink, brush his teeth or speak as he did before. His social life has also been affected as he is self-conscious to go out in public or meet new people because of his facial paralysis. 


SPBMCC Attorney Elizabeth Montesano Files An Administrative Claim Under the Federal Tort Claims Act

Firm partner Elizabeth Montesano determined that the defendant worked for a federally financed facility and was thus classified as a federal employee. Montesano filed an administrative claim under the Federal Tort Claims Act on behalf of the plaintiff. The United States considered this a matter for early resolution, and Montesano was able to obtain $800,000 on behalf of the plaintiff. 


Learn More About Firm Partner Elizabeth Montesano

Elizabeth Montesano, a member of the firm, is a vigorous advocate on behalf of people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delay in diagnosis of cancer, surgical and cardiac cases. To learn more about firm Partner Elizabeth Montesano, click here. 

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