Case Results

In favor of our client, an injured twin (Twin “B”), who was delivered 42 minutes after his brother, (Twin “A”) without being continually monitored for fetal distress. Twin “B” suffered asphyxia shortly prior to birth. We proved to the Jury that proper monitoring would have revealed signs of oxygen deprivation, which would have warranted an earlier delivery via cesarean section. Twin “B”, now age 6 is intelligent, but requires the assistance of a walker or wheelchair and has difficulty with his speech. His brother, Twin “A”, is fine.

The jury deliberated for eight hours and returned a verdict in favor of the plaintiff, awarding more than $26 million for the child’s past and future pain and suffering. The jury also awarded $500,000 for the wrongful death of her twin sister, who died 28 days after birth.

In favor of our client, a young girl, and against the hospital, which failed to promptly diagnose and treat the effects of head trauma that she suffered after she was hit by a car while crossing the street. As a result, the child lost all vision and remains permanently blind. We proved that the emergency room should have taken cat scans which would have revealed that there was pressure on the child’s brain, requiring emergency surgery. Had the surgery, (placement of a shunt) been performed, the child’s vision would have been spared.

The jurors — four women and two men — found that the Doctor departed “from good and accepted medical practice” when he botched the surgery and then failed to identify the problem and repair it, according to a jury verdict sheet.

In favor of our client, a Director of Nursing, who had a mammogram/sonogram of her left breast. The sonogram revealed three small cysts. Our proof was that the Doctor did not follow up on that finding over the next two years and that he was obligated to make sure the patient had additional mammograms and sonograms. When the patient felt a lump in that same breast, for the first time, (about two years after her last visit with the Doctor), she went for another mammogram and cancer was discovered shortly thereafter. The Doctor’s negligence caused the cancer to spread to the bones and then to the lungs, making the disease terminal and depriving the patient of any chance of cure or recovery.

In favor of our client, a newborn, and against the hospital which failed to render treatment to the infant who was having breathing difficulties. The infant had a normal delivery but developed problems breathing in the nursery despite observations by the nurse which indicated respiratory problems. No doctor arrived to assist the child, resulting in a mild case of cerebral palsy. The jury held that the child’s brain damage was a result of medical malpractice.

Reached at trial for our client, the plaintiff was five months pregnant with twins when a sonogram showed signs of an increased risk for pre-term labor. The doctor did not recommend treatment and the next day, the plaintiff went into pre-term labor and delivered the twins, who could not survive.

For our clients, the family of a 38-year old woman who suffered brain damage and total disability after the surgical removal of her thyroid gland. We demonstrated that our client suffered brain damage after a cardiac arrest caused by the failure of hospital and medical personnel to anticipate, recognize and treat hypocalcemia, a known complication of thyroidectomy which can cause the muscles in the throat to constrict.

Plaintiff was a 30 year old single mom with two children who presented to the Emergency Room at Bronx Lebanon Hospital Center in January of 2014 and diagnosed with symptoms consistent with asthma exacerbation  including wheezing and coughing (plaintiff had prior hospitalizations for asthma).  Plaintiff was admitted into the hospital from the ER and when her symptoms were not getting better, defendants failed to appreciate that she did not only have asthma, but had an infectious process going on, did not get the proper treatment or consultations (including pulmonary – although one was ordered and infectious disease), was allowed to become septic and died in February of 2014.

Obtained on eve of trial for our client, a 16-year old infant, with a below the knee amputation. The client sustained a broken ankle while playing football. The hospital failed to recognize the symptoms of vascular compromise and perform a prompt surgical procedure, resulting in the loss of the infant’s leg.

Obtained on eve of trial for our client, an infant, who suffered permanent brain damage as a result of deprivation of oxygen, which, we asserted, was caused by the failure of the medical providers to recognize the need for a Cesarean Section in lieu of a natural delivery.

Reached at trial for our client, a one-month old baby, who was operated on for heart surgery. We claimed that during the surgery the hospital physicians negligently impaired the circulation in the infant’s leg and thereby caused it to be amputated.

Reached at trial for our client, an infant twin, who suffered brain damage. We claimed that a hospital and the infant’s doctor were negligent in not properly diagnosing a baby’s meningitis. Had it been promptly diagnosed and treated, we alleged that brain damage would not have occurred.

Sullivan Papain Block McGrath & Cannavo represented a patient in a medical malpractice case whose proactive steps helped saved her life at a time when her radiologist acted negligently.

Delay in diagnosing breast cancer for one year (missed on mammogram studies), 64 year old retired school teacher with one adult daughter resulting in Stage 2A when diagnosed (spread to one lymph node)  Plaintiff underwent bilateral mastectomies, chemotherapy, radiation therapy, reconstruction with complications of infections requiring removal of implants, failed implants and disfigurement.

Obtained immediately before trial in the Court of Claims for our client, an infant, who lost her foot as a result of repeated IV infiltrations from the placement of IVs in her ankle.

In favor of our client, who sustained a simple fracture of his elbow following a fall. He sought treatment from the defendant orthopedist who, rather than cast the arm, simply splinted the plaintiff’s elbow. As a result, there was a non-union of the elbow, which resulted in a disfiguring mal-alignment. The jury agreed that the doctor’s failure to follow up closely with the client resulted in the deformity and it unanimously found in his favor.

Physician negligently delivered a baby girl resulting in Erbs Palsy and a permanent limited use of her left arm.

In favor of our client, an infant, and against an obstetrician for failing to anticipate or recognize shoulder dystocia during delivery, and then applying excessive force on the baby’s head, causing an injury to the nerves in the baby’s arm.

Reached during trial for our clients, the family of a 43 year-old homemaker with Stage I Breast Cancer who died suddenly after being administered Chemotherapy drug. We contended that, based upon her prior adverse reactions to Chemotherapy, the treating doctor should have known that the patient had developed a potentially fatal hypersensitivity to the drug and thus should have discontinued the Chemotherapy.

In favor of our clients, the family of a patient who sustained a year of pain and suffering after severe loss of tissue following the improper administration of blood thinners. We demonstrated to the jury that the nursing staff administered the dosage inappropriately, which resulted in a condition known as skin necrosis. Our client ultimately died a year later of unrelated causes, but the jury nevertheless compensated him for the pain and suffering that he endured prior to his death.

Physicians at a hospital negligently delivered a baby boy resulting in injury to the brachial plexus, Erb’s Palsy and permanent damage to the arm.

Obtained for our client only a few months after a lawsuit was filed against a doctor who carved his initials on the patient’s lower abdomen following a Cesarean Section, leaving her with a permanent scar.

Reached on the eve of trial for our client, a government-employed architect, and against the hospital where he was treated for injuries he suffered in a motor vehicle accident. We claimed that our client suffered permanent brain damage as a result of the delay in treatment.

Doctor failed to address symptoms that suggested that clients bladder cancer had not been eradicated.

Obtained for our client, whose treating pulmonologist we claimed failed to properly diagnose her lung cancer. The patient had complained of the recent onset of asthma during pregnancy. Over the course of approximately one year, the doctor failed to diagnose the fact that she had a cancerous tumor in her lungs. The doctor claimed that the patient simply had asthma and that there were no signs of lung cancer.

Reached during trial for our client, a newborn. Approximately 45 minutes prior to delivery, a hospital resident determined that the delivery should be performed via cesarean section and called the attending physician (since the resident was not allowed to perform a cesarean section). The attending physician denied ever receiving the call. The infant was delivered vaginally and during the delivery, the baby’s shoulder became stuck. We claimed that excessive traction (pulling) was used to deliver the infant, resulting in an injury to her brachial plexus. She now suffers from Erb’s Palsy and has limited use of her arm.

Gynecologist failed to refer a 58 year old Brooklyn woman for cancer treatment after hysterectomy where the pathology showed a finding of an early stage of uterine cancer. As a result of the 10 month delay, our client’s cancer advanced to Stage 4 disease.

An infant was injured at birth when a hospital doctor carelessly damaged some of her nerves causing the baby to have Erb’s Palsy.