New York Injury Lawyers Blog

The family of a 6-year boy who was struck in the head by an oxygen tank causing his death at Westchester Medical Center has reached a settlement of $2.9 million in a medical malpractice and wrongful death lawsuit.

The horrifying incident happened when a hospital staffer brought an oxygen canister into the MRI's magnetic field while the 6-year old, Michael Colombini, was lying in the MRI chamber. The machine's powerful magnet sent the metal oxygen tank flying into the chamber. The tank struck the boy in the head. He died two days later.

Michael Colombini had a benign brain tumor successfully removed at Westchester Medical Center and returned July 27, 2001 for a follow-up MRI. The boy was sedated and inside the MRI machine when a problem with the supply of piped-in oxygen to the MRI room occurred. An anesthesiologist called out to obtain oxygen, and oxygen tank was brought into the room. A NYS investigation concluded that the anesthesiologist brought the tank into the room, while the hospital internal investigation found that either a nurse or doctor brought the tank in.

A week after the accident, then president of Westchester Medical Center, Edward Stolzenberg, said the hospital "failed miserably" and he felt an "overwhelming sense of guilt."

The family's initial lawsuit included General Electric Corp., which manufactured the MRI machine and several individuals involved with the accident.

The settlement will be paid entirely by Westchester Medical Center. Neither the family nor Westchester Medical commented on the settlement.

Website Resource:

Croton family settles with Westchester Medical Center over 2001 death of boy, 6, Journal News, Gary Stern, February 6, 2009.

Diego Baizan, an infant, filed a medical malpractice lawsuit in New York County through his parents for the alleged failure of an OBGYN and staff at St. John's Riverside Hospital to properly monitor the fetal heart rate and perform a timely Caesarean section. Diego is now 3 years old and suffers from Cerebral Palsy. Dr. Shahram Razman, the OBGYN involved in the delivery, settled the matter pre-suit for $2.1 million. The case proceeded against St. John's Hospital.

The NY jury returned a verdict in favor of the infant-plaintiff for a total of $77 million ($3,000,000 Personal Injury: Past Pain And Suffering; $6,132,880 Personal Injury: future medical cost (68 years); $40,190,509 Personal Injury: future cost of custodial and residential care (68 years); $3,184,960 Personal Injury: future cost of rehabilitation (18 years); $20,000,000 Personal Injury: future pain and suffering (68 years); $4,910,321 Personal Injury: future lost earnings (38 years))

The plaintiffs' claimed that nursing staff at the hospital ignored signs of fetal distress, which resulted in a delay of almost an hour before commencing a vaginal delivery. Plaintiffs further contended that as a result of the delay, Diego sustained a hypoxic event that caused brain damage. During the first few hours of his life, he suffered seizures and the administration of oxygen was required.

Defense counsel for the hospital and hospital experts argued that Diego's injuries occurred prior to his mother's arrival at the hospital. The hospital has moved to reduce or set aside the verdict.

In Abdelkader v Shahine, a Kings (Brooklyn) County jury found the defendant obstetrician liable for injuries, namely an Erb's Palsy suffered by the infant-plaintiff, Laila Abdelkader. Erb's palsy is a paralysis of the arm caused by injury to the the arm's main nerves at spinal roots C5-C7. The injury allegedly resulted from the medical malpractice of the defendant physician in connection with the obstetrical care administered during the infant-plaintiff's birth on July 2, 1997.

The jury returned a verdict in favor of the plaintiff for $300,000 for past pain and suffering and $500,000 for future pain and suffering. The Second Department reduced the verdict to $150,000.00 for past pain and suffering and $400,000.00 for future pain and suffering. The Second Department found the original award to be "excessive" and reasoned that the original award "deviated from what would be reasonable compensation."

Plaintiff, Kathleen Groce, in a medical malpractice case in Kings County (NYC) Supreme Court was recently awarded $300,000 based on claims that her podiatrist's error resulted in the amputation of part of one of her toes. The surgeon, Dr. Bryan Makower, reportedly applied a tourniquet to Groce's ankles in order to create a bloodless operative field.

Groce claimed that the surgeon failed to properly remove the tourniquet resulting in ischemic damage that lead to the amputation of the toe. The surgeon asserted that he properly used the tourniquet and that Groce's injury was a known risk of the procedure.

Continue reading "NY Medical Malpractice Report: Brooklyn (NYC) Jury Awards Plaintiff $300,000 For Amputated Toe" »

Michael E. Getnick, President of the New York State Bar Association, recently submitted written testimony to the New York State Senate on the subject of medical malpractice reform. His testimony points out that over 100 thousand people die each year from unavoidable medical errors. He also speaks of several basic, yet important facts that seem to be overlooked by those in favor of wholesale medical malpractice reform:

1) The number of medical malpractice lawsuits has remained consistent in recent years. 4,318 medical malpractice suits were filed in New York State in 1998 compared with 4,195 in 2008.

2) No medical malpractice suit is filed without having a doctor's review of the facts supporting a conclusion that malpractice occurred.

3) If a frivolous lawsuit is filed, a judge can sanction the lawyer and dismiss the case.

4) If a jury awards too large an amount, a judge can reduce it.

5) The losing side can appeal a decision.

Getnick concludes, "We strongly urge that careful consideration be given to proposed changes to the law relating to medical malpractice, to ensure that they, in fact, would improve the system rather than impair access to the civil justice system, a system that was designed with several checks and balances to ensure that it is not easily abused. It is necessary for people to have adequate 'access' to the civil justice system, and to have the trust and confidence in the system which is essential to the operation of a democratic society. I respectfully urge that this be a primary consideration for you and your colleagues as you work on this important issue."

To read all of Mr. Getnick's testimony, please click here.

Jacobi Medical Center, a hospital located in Bronx, NY, recently settled a medical malpractice and wrongful death case for $4.5 million. The case involved a 28 year-old woman, Sherille Rankin, who died 10 days after undergoing bariatric surgery. The lawsuit was commenced on behalf of the 28 year-old's family, including her four young children.

Under the EPTL in New York, the personal representative of an estate has the right to sue for "pecuniary loss" on behalf of the distributees in wrongful death cases. Pecuniary loss includes lost earnings, loss of support, voluntary assistance, and possible inheritance. In order to calculate such damages, New York courts have held that age/life expectancy and work habits and history of the decedent should be considered.

Rankin underwent a Roux-en-Y procedure, which is commonly referred to as "stomach stapling." Unfortunately, a leak occurred near the stapled area and lead to sepsis, a complication that proved deadly. Her estate alleged that physicians at the Bronx facility failed to detect the leak and subsequent infection for seven days.

The New York Medical Malpractice Attorneys at Gallivan & Gallivan have represented victims of medical malpractice and wrongful death for over forty years. For a sampling of results we have achieved for our clients, please click here. For a free consultation, please contact us at one of our three conveniently located offices in the NY area.

Dr. Rahul K. Parikh, MD's article entitled "I'm a doctor. So sue me. No, really: The doctors' lobby says capping malpractice suits will make healthcare cheaper. I'm an M.D. and I don't believe it" discusses a doctor's perspective on lobbying group efforts to cap medical malpractice awards. He also addresses the controversial topics of defensive medicine and frivolous lawsuits.

After reviewing and analyzing the major studies conducted to date, Dr. Parikh concludes that caps on damages are not the answer. Instead, he emphasizes the need to focus on the improvement of patient safety and reduction of medical errors.

Dr. Parikh also points out that a Public Citizen study found that "that a historical pattern has been established that insurance rates rise also based on the investment market ...Earlier 'crises' (in 1975-6 and 1985-6) similar to today's 'crisis' were due to declining investment fortunes and failed pricing practices of the insurance industry rather than an increase in medical malpractice filings and awards. Then, as now, the insurance industry covered its losses by raising rates dramatically, then blamed thelawyers of innocent patients rightfully seeking compensation for negligence-related injuries."

Gallivan & Gallivan, Attorneys at Law, a White Plains, NY law firm focusing on the representation of injury and accident victims in the New York area, is proud to announce the launch of its new blog, www.newyorkinjurylawyersblog.com. Our goal is to provide readers with current news and analysis regarding the many issues facing accident victims and their attorneys in the Bronx, Queens, Manhattan, Brooklyn, Rockland, Orange, Westchester, Nassau and Suffolk Counties.

The attorneys at Gallivan & Gallivan provide aggressive and effective representation to those injured in car accidents, trucking accidents, construction accidents, scaffolding accidents, and pedestrian knock-downs, as well as victims of medical malpractice. Please click here for a sampling of verdicts and settlements we have achieved for our clients.

If you have any questions or are seeking representation, please do not hesitate to contact us for a free consultation at one of our three conveniently located offices.