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.