$1,060,000 Settlement on Behalf of 72 Year Old Livingston, New Jersey, Resident Who Lost Vision as a Result of a Stroke Occurring During Surgery.

On September 30, 2013, after a week of trial, I settled the remaining claims on behalf of my client, a resident of Livingston New Jersey who lost vision as a result of a stroke that occurred during prostate cancer surgery.

Here Are Your Latest Questions and Answers From July 2013

I answered the questions below, which were submitted to me online throughout the month of July 2013.

Settlement at trial of over $1.4 Million in Orthopedic Malpractice Case on behalf of Livingston, New Jersey resident following Jury Selection.

The plaintiff injured his left elbow when he fell after his scooter struck a hole in a residential street. The following day, he came under the care of the defendant, a pediatric orthopedic surgeon, who performed surgery. Following the surgery, the plaintiff was casted. Approximately six weeks later, when the cast was removed, the plaintiff had little range of motion in the left elbow joint. Within weeks, the joint completely froze. After visiting several orthopedic surgeons in New York City for second opinions, the plaintiff was advised that he required major reconstructive surgery because his left elbow fractures healed in a place higher than their original location.

Suit was filed against the defendant physician and two entities who had responsibilities related to maintaining the street where the accident occurred. The case was litigate for three years and it involved complex issues of causation and apportionment of responsibility.

The plaintiff's medical expert opined that the elbow fractures healed in the wrong position because they were pinned in the wrong place by the defendant during the surgery. The expert further opined that if the defendant had performed the surgery appropriately, the plaintiff would have been left with a functioning pain-free left elbow, with minimal loss of motion. The defendants argued that the fractures were pinned correctly, but drifted following the removal of the surgical pins six weeks later.

Despite undergoing multiple surgeries to correct the malaligned joint, the plaintiff is left with a 30% functioning left elbow.

Partners John Ratkowitz (Click Here for Bio) and Amos Gern settled the case following jury selection prior to opening arguments.

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Jury Enters Verdict Against Interventional Radiologist for $1.2 Million Dollars Following Negligent Stenting Procedure

The jury found that the defendant, an interventional radiologist, had negligently performed the bilateral iliac stenting procedure at a Morris County hospital on November 14, 1995 The plaintiff had previously undergone a diagnostic arteriogram for evaluation of left lower extremity ischemia, or loss of blood flow, the same day. This demonstrated an irregular moderately severe left common iliac artery stenosis, a left superficial femoral artery occlusion, as well as a moderate right common iliac artery stenosis.

As a result, it was decided by the interventional radiologist that the plaintiff required placement of arterial stents at the level of the bilateral stenoses to improve or reestablish blood flow. Arterial sheaths were then advanced beyond the stenoses. Bilateral balloon expandable stents were then advanced within the sheaths to the level of the stenosis, in what is known as a "kissing balloon" technique. This is a procedure designed to expand both of the iliac arteries at the same time, to avoid having arteriosclerotic plaque pushed over to one side or the other, thereby causing other complications. Without adequately pulling back the sheaths, both balloons were expanded within the sheaths, resulting in a stretching of the sheaths and an immediate obstruction of the blood flow to both lower extremities. This then required emergency aortobifemoral bypass surgery and stent removal by a vascular surgeon.

The emergency surgery required extensive incisions along both femoral arteries and a 29 cm. abdominal incision to below the umbilicus, in order to remove the obstructing stents. Further, to re-establish blood flow, it was necessary for the vascular surgeon to perform a graft from the aorta to the femoral arteries using an artificial Dacron graft.

As a result of the emergency surgery, the plaintiff was required to remain hospitalized for twelve days, with numerous complications, which would not have occurred had the angioplasty/stenting procedure been performed properly as a same day outpatient procedure.

Further, while the plaintiff remained in the hospital, he developed a hospital-borne infection, known as a methycillin resistant staph abscess (MRSA) in his left foot. The infected foot resulted in a substantial loss of tissue, later fractures of the heel from osteomyelitis, (an infection of the bone) all of which required extensive plastic surgery and reconstruction. Ultimately, a large free flap of muscle from the abdomen was grafted onto his foot in order to revascularize the foot, fight off the osteomyelitis infection, and allow it to heal. The free flap graft was covered with split thickness skin grafts obtained from his right thigh and covered the open wound of the left foot. As a result of the deformities to the left lower extremity, the plaintiff became totally disabled from his employment.

The matter was tried over a four week period, and for 18 trial days.

The plaintiff's were represented by Amos Gern, Esq. and John J. Ratkowitz, Esq.

Click here and here for more information about Mr. Ratkowitz.

Click here to email Mr. Ratkowitz.