Defense Verdict In Queens County

Peter DeNoto obtained a defense verdict in Supreme Court, Queens County on behalf of a renowned New York medical institution.

Then 73-year-old plaintiff claimed that the staff failed to timely diagnose an internal hemorrhage as they were restarting his anticoagulation therapy following a lumbar epidural injection for pain management.  Specifically, plaintiff claimed that the staff failed to timely order a computed axial tomography (“CAT”) scan and stop the anticoagulants before a slow internal bleed became a significant internal hemorrhage.  Consequently, plaintiff had a painfully difficult recovery that included admission to an Intensive Care Unit, hypovolemic shock, acute renal failure, deep vein thrombi, multiple transfusions with blood products, placement on a ventilator, the development of decubitus ulcers (bed sores), and permanent injuries, including vocal cord paralysis.

Mr. DeNoto argued that the staff saved plaintiff’s life by properly monitoring him as they restarted his anticoagulants, but plaintiff encountered an unavoidable and rare complication from the anticoagulants that was timely diagnosed and properly treated.  Plaintiff was essentially stable throughout the relevant time period, but as soon as he exhibited signs and symptoms of instability, the staff sent him for an abdominal CAT scan, diagnosed the significant internal hemorrhage, stopped the anticoagulants, and administered transfusions with blood products.  Although plaintiff rapidly deteriorated and had a difficult recovery due to the type of complication that he encountered, he recovered without the need for surgical intervention and without any permanent injuries.

The jury returned a verdict in favor of the medical institution within one hour of deliberations on March 28, 2012.