Staff | New York Jury Verdict Reporter, Vol.XVIII, Issue 14

Supreme Court, Second Judicial District, Kings County, New York

LIRIJE JUSEINOSKI, AS ADM. OF THE EST. OF ELMAZ JUSEINOSKI V. VICTORY MEMORIAL

HOSPITAL, GABRIEL AMA

No. 46058/97

DATE OF VERDICT/SETTLEMENT: August 11, 2000

TOPIC: MEDICAL MALPRACTICE

SUMMARY:

AWARD: $1,745,195

RESULT: Verdict-Plaintiff

$1,745,195 v. Martinelli (6/0). Pltf. subsequently settled with Martinelli for $800,000 ($1,000,000 policy), pursuant to a $800,000/$200,000 high/low agreement. Pltf. settled with Amalanathan for $10,000 prior to verdict. Jury: 1 male, 5 female.

EXPERT WITNESSES:

Plaintiff: Dr. Alan Schecter; Emergency Medicine; Great Neck, NY Dr. Mark Schiffer; Cardiology; Manhattan, NY

Defendant: Dr. Frank Fromowitz; Pathology Dr. Itshak Kronzon; Cardiology; Manhattan, NY

ATTORNEYS:

Plaintiff: Gary J. Douglas; Finz and Finz; Jericho, NY

JUDGE: Joseph S. Levine

STATE: New York

COUNTY: Kings County

Pltf. claimed that the tests performed were insufficient to rule out a heart condition and argued that decedent should have been given aspirin and admitted for 24-hour observation. She claimed that aspirin would have prevented the blood clot. She contended that if decedent had been admitted for observation, the cardiac event would have taken place in the hospital where it could have been readily treated and controlled. Pltf. claimed that if Deft. had discovered the blockage, decedent could have undergone an angioplasty or bypass surgery, which would have allowed him to live into his 60s or 70s.

INJURIES: On 8/31/96, decedent, a 47-year-old maintenance worker, presented to Deft. Hospital with complaints of burning chest pain. He was seen and treated by Deft. Martinelli. He underwent a cardiac work-up, which included an EKG, blood enzyme test, telemetry, and X-rays. All the tests were normal, except for an indication that decedent had borderline high blood pressure. Decedent did not dispute that the tests, including the EKG, were normal. Decedent was also given Maalox in the emergency room, which apparently relieved his pain. Based on the tests' results, Deft. Martinelli concluded that gastritis was the cause of decedent's chest pain. Deft. discharged decedent with a prescription for Maalox 21/2 hours after he had reported to the emergency room. Decedent collapsed and died that evening while at work at the U.S. Open tennis tournament. An autopsy revealed a fresh blood clot and a 90% blockage of three coronary arteries, a condition known as triple vessel disease. Triple vessel disease was found to be the primary cause of death.

SUMMARY:

Insurance Carrier: PRI

Other Demonstrative Evidence: enlargement of hospital records and autopsy report; anatomical diagram of the heart

FACTS:

On 8/31/96, decedent, a 47-year-old maintenance worker, presented to Deft. Hospital with complaints of burning chest pain. He was seen and treated by Deft. Martinelli. He underwent a cardiac work-up, which included an EKG, blood enzyme test, telemetry, and X-rays. All the tests were normal, except for an indication that decedent had borderline high blood pressure. Decedent did not dispute that the tests, including the EKG, were normal. Decedent was also given Maalox in the emergency room, which apparently relieved his pain. Based on the tests' results, Deft. Martinelli concluded that gastritis was the cause of decedent's chest pain. Deft. discharged decedent with a prescription for Maalox 21/2 hours after he had reported to the emergency room. Decedent collapsed and died that evening while at work at the U.S. Open tennis tournament. An autopsy revealed a fresh blood clot and a 90% blockage of three coronary arteries, a condition known as triple vessel disease. Triple vessel disease was found to be the primary cause of death. Facts Pltf. claimed that the tests performed were insufficient to rule out a heart condition and argued that decedent should have been given aspirin and admitted for 24-hour observation. She claimed that aspirin would have prevented the blood clot. She contended that if decedent had been admitted for observation, the cardiac event would have taken place in the hospital where it could have been readily treated and controlled. Pltf. claimed that if Deft. had discovered the blockage, decedent could have undergone an angioplasty or bypass surgery, which would have allowed him to live into his 60s or 70s. Facts Decedent had treated with Deft. Amalanathan, a pulmonologist, 2 years prior to reporting to the hospital. Amalanathan was, coincidentally, at the hospital on 8/31/96, and he greeted decedent while he was being treated in the emergency room. He was not involved in decedent's treatment or diagnosis. Pltf. initially claimed that Amalanathan had a duty to follow through with decedent and ensure appropriate diagnosis and treatment, but Pltf. discontinued these claims prior to verdict. Facts Deft. Martinelli claimed that his care was within proper standards and that all of the appropriate tests were administered. He argued that it was proper for him to have ruled out heart disease, given that all of Pltf.'s tests and vital signs were normal. The autopsy report also mentioned an enlarged heart. Deft. claimed that decedent died from cardiomegaly, a super-enlarged heart that causes a sudden and fatal arrhythmia. He claimed that this condition is completely unforeseeable and cannot be prevented. Facts Decedent, a 47-year-old maintenance worker at the time of his death, was survived by his wife and four adult children. Although Pltf. did not make a claim for lost earnings, he testified that he was earning $50,000 at the time.

Decedent had treated with Deft. Amalanathan, a pulmonologist, 2 years prior to reporting to the hospital. Amalanathan was, coincidentally, at the hospital on 8/31/96, and he greeted decedent while he was being treated in the emergency room. He was not involved in decedent's treatment or diagnosis. Pltf. initially claimed that Amalanathan had a duty to follow through with decedent and ensure appropriate diagnosis and treatment, but Pltf. discontinued these claims prior to verdict.

Deft. Martinelli claimed that his care was within proper standards and that all of the appropriate tests were administered. He argued that it was proper for him to have ruled out heart disease, given that all of Pltf.'s tests and vital signs were normal. The autopsy report also mentioned an enlarged heart. Deft. claimed that decedent died from cardiomegaly, a super-enlarged heart that causes a sudden and fatal arrhythmia. He claimed that this condition is completely unforeseeable and cannot be prevented.

Decedent, a 47-year-old maintenance worker at the time of his death, was survived by his wife and four adult children. Although Pltf. did not make a claim for lost earnings, he testified that he was earning $50,000 at the time