Successful Trial Result
HPM&B recently defended an interventional neuroradiologist at trial in a medical malpractice case in Supreme Court, Bronx County. The case involved an endovascular procedure to re-stent and coil an ophthalmic artery aneurysm, which was complicated by an ischemic stroke resulting in dense, right-sided hemiplegia. The plaintiff was 31-years-old at the time of the procedure. During opening statements, plaintiff’s counsel stated that the defendants’ alleged negligent management of a giant expanding aneurysm resulted in his client becoming wheelchair-bound for life. Counsel asked the jury for $27,500,000 to compensate for pain and suffering and medical expenses. Plaintiff’s physiatry expert testified that the plaintiff would require approximately $180,000 in annual medical costs for the remainder of this life. Plaintiff called a prior treating neurosurgeon as an expert witness who put in departures against HPM&B’s client pertaining to his post-surgical treatment plan. HPM&B’s cross-examination of the expert highlighted evidence that supported its defense that an appropriate post-surgical treatment plan was indeed formulated, and that the discharge summary documented that a post-surgical conversation occurred between the patient and the defendant. Moreover, the discharge instructions indicated the defendant’s request for a follow-up appointment after the failed re-stenting procedure. However, the plaintiff never returned for that follow-up appointment. Plaintiff’s expert conceded critical points in favor of the defense on the key liability question and agreed that the defendant did not abandon the patient, which ultimately resulted in a highly favorable settlement that was a mere fraction of the pre-trial demand.