Medical Malpractice

Case: No. 1800/97
Venue: Otsego Supreme, NY
Date: 02-29-2000

PLAINTIFF(S)
Attorney: Martin P. Rutberg; Martin P. Rutberg & Associates; Poughkeepsie, NY
Expert: Dr. Richard Schuster; Life Care Planning

DEFENDANT(S)
Attorney: Leighton R. Burns; Kernan & Kernan, P.C.; Utica, NY
Expert: Jane Mattson Ph.D.; Life Care Planning

Facts: This action settled prior to jury selection for a settlement with a present value of $1,500,000. On 3/7/95, the 42-year-old Pltf. presented to Deft. Hospital for elective surgery under general anesthesia to remove kidney stones, the diagnosis of which had been made by Deft. Oselinsky, Pltf.’s urologist. Both Deft. Oselinsky and Deft. Palmer, an anesthesiologist, were employed by Deft. Hospital. Facts Ten year prior, Pltf. had a porcine valve replacement due to. mitral valve damage. Porcine valves are expected to degenerate in the body. During the latter part of the first 10 years post-implantation, there is an increase in the potential occurrence of such failures as embolism, the risk of which is further increased by general anesthesia. Pltf. claimed that although Deft. Oselinsky correctly noted her history in the chart, neither he nor anyone else evaluated the condition of the porcine valve preoperatively by taking an echocardiogram. Pltf. further claimed that Deft. Palmer cleared her for surgery without any information on the condition of the porcine valve. During the surgery, Pltf. embolized from the porcine valve. A post-surgery echocardiogram revealed that the valve was degenerative and stenotic. Pltf. underwent a subsequent valve replacement at another facility without complications. Facts Pltf. claimed that Defts. departed from the standard of care by failing to preoperatively evaluate the porcine valve. Pltf contended that while Deft. Palmer was primarily responsible for performing a preoperative work-up, Deft. Oselinsky knew her medical history and should have ascertained that the status of the porcine valve was evaluated before she was cleared for surgery. Defts. argued that there were no preoperative symptoms indicating that the porcine valve was compromised, and claimed that in the absence of such symptoms, the standard of care did not require preoperative evaluation of the 10-year-old valve. Defts. contended that embolism is an accepted risk of surgery under general anesthesia, and claimed that it could not be proven that the porcine valve was what caused the embolism. Specials: $1,700,000 for future medical expenses and life care; Delaware County Dept

Injury: Brain damage with left-sided hemiparesis; right-sided facial droop; cognitive deficits including memory loss and decreased capacity for concentration, attention, reasoning, and judgment; disorientation; lability.

Verdict Information: Facts This action settled prior to jury selection for a settlement with a present value of $1,500,000. On 3/7/95, the 42-year-old Pltf. .presented to Deft The jury deliberated for.