Page 14 - Verdicts and Settlements Hall of Fame: Medical Malpractice

MEDICAL MALPRACTICE
VERDICT & SETTLEMENTS
HALL OF FAME

#8 (Tie)

Case:
Nelson v. Narwal

Attorney: James Wilkens

Firm: Dufy & Dufy, Esqs.

Date: 10/26/2011

Verdict:
$60,000,000

By Len Maniace

Kaitlyn Nelson was 13 when she entered Maimonides Medical Finally Wilkens found a neurologist who could explain the gradual
Center in Brooklyn for surgery to treat her stubborn case of acid onset of gastroparesis: the vagus nerve probably was squeezed dur-
relux disease on March 9, 1999.
ing the suturing process and later pressed tighter as Kaitlyn moved.

But the surgery – creation of a knotlike joining of the upper stom- Standard procedure for such an operation called for identifying
ach with the lower esophagus in the hope of stopping the acid relux and protecting from damage the vagus nerve, Wilkens said. “No one

- came undone and needed to be repeated on Dec. 14, 2000. Again questioned that he had to do that and he admitted on the stand that
there were problems. Kaitlyn eventually developed gastroparesis, he did not do that,” Wilkens said, referring to Shlasko.
a partial paralysis of the stomach that prevents that organ from

properly emptying.
Instead the doctor maintained that he knew where the vagus nerve
was and that he could avoid it due to his ample experience in perform-
Kaitlyn’s medical problems grew more complicated. She needed ing the procedure. Expert witnesses for the defense contended that
the installation of a pacemaker to control her gastrointestinal func- the vagus nerve was not damaged and that Nelson’s gastroparesis

tions and then additional surgery to replace much of the pacemaker. was caused by an unrelated metabolic problem.
The acid relux continued to the point where it damaged her lungs,
necessitating installation of a breathing tube. In all, she needed The case against the surgeon did not end there. Testimony during

seven surgeries.
the trial found that Shlasko used absorb-
able sutures measuring 0.3 millimeters,
Kaitlyn eventually iled suit STANDARD PROCEDURE FOR SUCH AN but should have used nonabsorbable

charging the pediatric surgeon sutures measuring 0.35 millimeters.
who performed her two stom- OPERATION CALLED FOR IDENTIFYING AND That error, Wilkens contended, prob-
ach operations, Dr. Edward ably caused the irst procedure to come
PROTECTING FROM DAMAGE THE VAGUS
Shlasko, with malpractice.
undone.

NERVE, WILKENS SAID.
A state Supreme Court jury in Brook- The partial paralysis of the

lyn awarded $60 million in damages on stomach sounded like damage
Oct. 26, 2011 for departing from accept-
to the vagus nerve, which con-
trols much of the activity of the stomach and intestine, said Kaitlyn’s ed standard of medical care. The award broke down to $40 million for

attorney James Wilkens of Duffy & Duffy Esqs. Experts the attorney past pain and suffering and $20 million for future pain and suffering.
consulted, however, said the condition would have occurred imme-
diately if the vagus nerve had been cut, rather than gradually over

time. Wilkens still needed to identify the mechanism of injury.

12 November 2014