$9,792,412 Awarded to Medical Malpractice Victim

A 31-year-old potato chip delivery man suffered an inter-operative stroke while undergoing surgery to remove a large tumor from his brain. The doctors did not use an arteriogram to identify the location of arteries and blood vessels in or near the surgical site, which could have reduced the risk of stroke. As a result, the patient suffered left arm paralysis and partial left foot paralysis. The case was settled for $9,792,412.

Court and County

Supreme Bronx 

Age and Occupation of Client

At the time of the accident, our client was a 31-year-old male disabled potato chip delivery man. 

SUMMARY OF CASE

Our client suffered an inter-operative stroke while undergoing surgery to remove a large tumor from his brain.  The tumor was a pituitary tumor pressing on the optic chiasm, and removal of the tumor was required. It was believed that the tumor was encasing the optic nerve or the tumor was sharing the blood supply with the optic nerve.  As a result, the Plaintiff’s vision was greatly affected. Instead of referring the Plaintiff for an angiogram, which is a test used to review the blood flow through arteries or veins, the treating doctors reviewed MRIs. MRIs did not show the blood vessels and vasculature near the tumor.  The doctors did not consider an arteriogram, which is a test allowing doctors to view arteries inside the brain. T

The doctors did not recommend an arteriogram because they believed it was not necessary and because of the risk of side effects.  Instead, the doctors continued with their plan, and surgery was scheduled for May 25, 1999. The surgeon could not visualize the entire tumor during the surgery. The tumor was densely attached to arteries in the Plaintiff’s brain, including the internal carotid artery.  As the surgeon was manipulating the tumor, the choroidal artery tore, causing a stroke.  A postoperative CT scan revealed a possible infarct on the anterior choroidal artery, which was the same location as the tear. The Plaintiff had left-side weakness and no vision in his left eye immediately after the stroke.  Incredibly, although the custom at the hospital where the surgeon worked was to dictate the operative report within 24 hours, the operating surgeon did not dictate the operative report until almost two years after the surgery. The report was drafted after a demand for the operative report was made by Block O’Toole & Murphy LLP.  The surgeon had no independent recollection or additional documents, and his operative report was speculative. 

This case was essentially about the inexperience of the operating surgeons. The facility where the surgery occurred was also not prepared to host a procedure of this nature. The Defendant doctors deviated and departed from the accepted standard of practice, and their departure caused our client’s injuries. The doctors should have used an arteriogram to identify the location of arteries and blood vessels in or near the surgical site so they could have been embolized to reduce the risk of stroke. However, the doctors failed to do so, which caused the Plaintiff to suffer a stroke during the surgery to remove a tumor from his brain. Arteriograms were particularly warranted in this case, given the suggestion that part of the brain tumor was highly vascular in nature. The doctors who performed the surgery were not accustomed to performing this type of surgical procedure, and the facility where the surgery took place was not equipped with state-of-the-art equipment to perform such a serious and dangerous surgery. The doctors also used improper equipment, which was not state of the art, in order to cut open the Plaintiff’s head and remove the tumor.

The case against the primary surgeon settled prior to trial for $1,950,000 out of an available $2,000,000 in insurance coverage. Partner S. Joseph Donahue then proceeded to trial against the assistant surgeon, obtaining a $9,792,412 verdict.  Mr. Donahue successfully proved that although an assistant, the assisting surgeon was nonetheless responsible in part for the harm done to the patient. 

Injuries/Damages

Left arm paralysis and partial left foot paralysis 

Verdict/Settlement Amount

$9,792,412 

Handling Attorney

This case was tried to verdict by Partner S. Joseph Donahue