Page 11 - 2015_0429_NYLJTOPVERDICTS

2014
AMOUNT $64,300,000
TYPE Verdict-Plaintiff CASE Galette v. Byrne VENUE Kings County JUDGE Ann T. Pfau
DATE March 12, 2014
INJURY
TYPE(S) other - sepsis, infection, septic s hock
epidermis - gangrene
amputation - leg, leg (below the knee), foot
sensory/speech - hearing, partial loss of
arterial/vascular - arterial/vascular
surgeries/treatment - colostomy, skin graft gastrointestinal/digestive - bowel/colon/intestine, perforation
PLAINTIFF(S) Stacey Galette (Male, 29 Years)
PLAINTIFF
ATTORNEY(S) Ira M. Newman and Edward J. Sanocki; Sanocki, Newman & Turret,
LLP; New York, NY
Sanford A. Rubenstein; Rubenstein & Rynecki; Brooklyn, NY
PLAINTIFF
EXPERT(S) Peter Stickney ; Life Care Planning; Manlius, NY
Martin Gubernick M.D.; Gynecology; New York, NY Thomas Gouge M.D.; Surgery; New York, NY
Christopher Kyriakides M.D.; Physical Medicine; Astoria, NY
TRIAL
LENGTH 8 weeks
TRIAL
DELIBERATIONS 3 days
FACTS & ALLEGATIONS On Oct. 6, 2009, plaintiff Stacey Galette, 29, a medical assistant, underwent a salpingectomy, which involved the laparoscopic removal of a fallopian tube that contained an ectopic pregnancy, which is a pregnancy that develops outside of the mother’s uterus. The procedure was performed by Dr. Michelle Quinones, at Winthrop- University Hospital, in Mineola. Gynecologist Dr. Paul Byrne supervised Quinones, who was one of the hospital’s residents.
After the surgery had been completed, Galette developed a painful condition of her abdomen. Her hospitalization lasted until Oct. 8, 2009, when she was discharged by gynecologist Dr. Fredric Moon.
During the ensuing day, Galette returned to the hospital. She reported that her pain had not subsided. She was examined by physician Dr. Craig Zebuda and gynecologist Dr. Cynthia Fretwell. After having consulted a surgeon, Dr. David Halpern, Fretwell opined that Galette was suffering an obstruction of her small intestines. Galette was readmitted to the hospital.
Galette’s symptoms worsened. After two days had passed, doctors determined that she was suffering septic shock. Halpern performed exploratory surgery, and he discovered a perforation of Galette’s sigmoid colon. Galette claimed that the perforation occurred during the salpingectomy that Quinones performed.
Galette underwent extensive treatment, but she experienced a complication that caused her development of gangrene that ultimately necessitated the amputation of the lower portion of each leg.
Galette sued Byrne; Byrne’s practice, Paul R. Byrne M.D. P.C.; Fretwell; Fretwell’s practice, Women’s Contemporary Care Associates P.C.; Halpern; Halpern’s practice, Nassau Surgical Associates, P.C.; Moon; Quinones; Zebuda; and Winthrop-University Hospital. Galette alleged that Quinones failed to properly perform the salpingectomy; that Byrne failed to properly supervise Quinones; that Fretwell, Halpern, Moon and Zebuda failed to timely diagnose the injury that Quinones caused; that the hospital’s staff failed to timely address deterioration of her condition; and that the failures constituted malpractice. Galette further alleged that Byrne’s practice was vicariously liable for Byrne’s actions, that Fretwell’s practice was vicariously liable for Fretwell’s actions, that Halpern’s practice was vicariously liable for Halpern’s actions, and that Winthrop-University Hospital was vicariously liable for the actions of Moon, Quinones and Zebuda.
Galette’s counsel ultimately discontinued the claims against Quinones and Zebuda. The matter proceeded to a trial against the remaining defendants.
Galette’s counsel contended that Quinones caused the perforation of Galette’s sigmoid colon. They claimed that Halperin’s notes indicated that the perforation’s size and location suggested that it was caused by Quinones. Galette’s counsel contended that the wound should have been detected during the surgery, and they claimed that Byrne should have
detected the wound.
Galette’s counsel also contended that Quinones did not possess experience that would
ensure proper performance of the salpingectomy. They further claimed that Quinones acknowledged that Galette was suffering a distended bowel, and they contended that the bowel’s distention increased the likelihood of a perforation. They argued that Byrne should not have permitted Quinones’ performance of the procedure. They contended that Byrne departed from accepted standards of medical care.
Galette’s counsel also contended that Fretwell, Halpern and Moon improperly interpreted postsurgical symptoms that suggested that Galette was suffering a perforation of her bowel. They contended that Moon prematurely discharged Galette, that exploratory surgery was not timely performed and that Halpern did not timely receive notice of deterioration of Galette’s condition. They claimed that prompt diagnosis and treatment would have averted the amputations that Galette underwent. They argued that Fretwell, Halpern, Moon and the hospital’s staff departed from accepted standards of medical care.
During the trial, Galette, Halpern and Halpern’s practice negotiated a settlement. Halpern and his practice agreed to pay a total of $2.3 million. The trial continued against the remaining defendants.
Defense counsel contended that Galette’s counsel did not conclusively establish that Galette’s colon was perforated during the surgery that Quinones performed. They suggested that the perforation developed after the procedure had been completed. Defense counsel also contended that Galette’s sepsis was an accepted risk of the surgery that Quinones performed, and they argued that Galette voluntarily assumed that risk.
Fretwell’s counsel contended that Fretwell appropriately addressed Galette’s postsurgical symptoms. He contended that the doctor appropriately concluded that Galette was suffering an obstruction of her small intestines.
INJURIES/DAMAGES Galette suffered a perforation of her sigmoid colon. The perforation caused a leak that led to her development of an infection, sepsis and septic shock.
Galette’s counsel claimed that Galette’s sepsis required aggressive treatment that included the administration of medication that regulated her blood’s pressure. They contended that the medication caused a collapse of veins of her legs. Galette developed residual gangrene. She underwent amputation of her feet, but her gangrene progressed. She ultimately underwent a below-the-knee amputation of each leg. She also underwent a colostomy and many additional procedures, which included the grafting of skin. Her hospitalization lasted 102 days, and it was followed by a lengthy course of rehabilitation.
Galette wears prosthetic limbs. She also suffers a severe residual diminution of each ear’s audition.
Galette sought recovery of $4 million for future medical expenses, $22 million for past pain and suffering, and $71 million for future pain and suffering.
Defense counsel contended that Galette exaggerated the cost of her future medical needs.
RESULT The jury found that Byrne, Fretwell, Moon and Winthrop-University Hospital’s staff departed from accepted standards of medical care. The hospital was assigned 40 per- cent of the liability; Byrne was assigned 30 percent of the liability; Fretwell was assigned 20 percent of the liability; and Moon was assigned 10 percent of the liability.
The jury determined that Galette’s damages totaled $62 million. The in-trial settlement added $2.3 million.
STACEY
GALETTE $4,000,000 Personal Injury: Future Medical Cost
$20,000,000 Personal Injury: Past Pain And Suffering $38,000,000 Personal Injury: Future Pain And Suffering
EDITOR’S COMMENT This report is based on information that was provided by plain- tiff’s counsel. Additional information was gleaned from an article that was published by Newsday. Defense counsel did not respond to the reporter’s phone calls.
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