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$1,500,000 result- cited in The New York Jury Verdict
Reporter
Medical Malpractice - Misdiagnosis - Failure to Diagnose -
Failure to Treat - Hospital Was Accused of Failing to Treat
Epileptic Seizures
SETTLEMENT: $1,500,000
CASE: Marietta Small, Public Administrator of Kings County, as
Administrator of the Estate of David Hernandez, Deceased v. St.
Vincent's Hospital and Medical Center of New York, No. 42410/00
PLAINTIFF ATTORNEY: Alan M. Greenberg; Law Offices of Alan M. Greenberg,
P.C., New York, NY, and
W. Matthew Sakkas; Law Offices of Alan M. Greenberg, P.C., New
York, NY
DEFENDANT ATTORNEY: Andrew S. Kaufman; Kaufman, Borgeest & Ryan; New
York, NY
On June 25, 1997, plaintiff David Hernandez, 35, a landscaper,
presented to St. Vincent's Hospital and Medical Center of New
York after having suffered two epileptic seizures. He also
exhibited constant twitching of his right leg. Based on these
symptoms, hospital staff diagnosed epilepsia partialis
continuous.
Over the next 10 days, Hernandez was administered various
anti-epileptic drugs, none of which controlled his seizures. On
July, 1997, he suffered a series of general seizures, which
culminated in loss of consciousness, cardiopulmonary arrest and
death.
The plaintiff contended that the hospital staff misdiagnosed the
type of Hernandez's epilepsy, and that it should have
administered high doses of a single anti-epileptic drug until
the seizures were controlled or Hernandez became toxic. The
plaintiff claimed that this treatment likely would have resulted
in seizure control within several days.
The plaintiff also contended that the hospital staff failed to
diagnose Hernandez's status epilepticus on July 5, 1997, and
that it failed to take adequate steps to stem that condition.
The plainf\tiff further claimed that the hospital failed to
properly supervise its residents, and that it failed to properly
train them in the diagnosis and treatment of epilepsy.
The hospital would have contended that Hernandez's brain was
infected by exposure to insecticides used in his work, and that
the Hernandez's seizures were due to the brain infection - not
epilepsy. The hospital also would have claimed that the
infection was resistant to traditional drug therapy, and thus,
that it would have eventually killed Hernandez.
INJURIES: Death. Hernandez died of cardiopulmonary arrest. He was survived by a
7-year-old daughter.
In describing Hernandez's 11 days of conscious pain and
suffering, the plaintiff noted that Hernandez was in a constant
state of agitation during his hospitalization, and that he was
held in four-point restraints and a vest to protect him during
his continual seizures. It was also noted that his death was
proceeded by a brief period of suffocationn, during which he
experienced intense pain and suffering prior to intubation and
ventilation.
The plaintiff claimed that Hernandez was earning approximately
$500 a week prior to his hospitalization. Accordinig to the
plaintiff's economic projection, Hernandez would have earned
$428,000 between July 1997 and his daughter's 31st birthday. The
plaintiff also claimed loss of parental guidance
INSURER(S): Medical Liability Mutual Insurance Co.
RESULT: The parties settled two days prior to jury selection.
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