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

DEFENDANT(S)
Attorney: Anonymous

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 Plaintiff presented to Defendant Hospital for elective surgery under general anesthesia to remove kidney stones, the diagnosis of which had been made by Defendant 1, Plaintiff’s urologist. Both Defendant 1 and Defendant 2, an anesthesiologist, were employed by Defendant Hospital. Facts Ten year prior, Plaintiff 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. The Plaintiff claimed that although Defendant 1 correctly noted her history in the chart, neither he nor anyone else evaluated the condition of the porcine valve preoperatively by taking an echocardiogram. Plaintiff further claimed that Defendant 2 cleared her for surgery without any information on the condition of the porcine valve. During the surgery, Plaintiff embolized from the porcine valve. A post-surgery echocardiogram revealed that the valve was degenerative and stenotic. Plaintiff underwent a subsequent valve replacement at another facility without complications. Facts Plaintiff claimed that Defendants departed from the standard of care by failing to preoperatively evaluate the porcine valve. Plaintiff contended that while Defendant 2 was primarily responsible for performing a preoperative work-up, Defendant 1 knew her medical history and should have ascertained that the status of the porcine valve was evaluated before she was cleared for surgery. Defendants 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. Defendants 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; liability.

Verdict Information: This action settled prior to jury selection for a settlement with a present value of $1,500,000.