Page 16 - 2016_0523_TOPVERDCITS

2015
DEMAND
OFFER
ACTUAL AWARD
TOP VERDICTS OF NEW YORK
-Continued from p15
underwent fusion of his spine’s T9, T10, T11, T12 and L1 levels. The procedure was performed by orthopedist Dr. David Roye Jr., at Columbia University Medical Center, in Manhattan. The surgery addressed scoliosis, and it included implantation of rods and screws that secured the fused area. During the surgery, Edward sustained an injury that caused permanent paralysis of his legs.
Edward’s father, Michael Beloyianis, acting individually and as Edward’s parent and natural guardian, sued Roye; Columbia University Medical Center’s operator, New York- Presbyterian Hospital; a surgeon who was believed to have assisted Roye’s performance of the surgery, Dr. Marc Arkovitz; and nine doctors who were believed to have been involved in Columbia University Medical Center’s treatment of Edward, neuroradiologist Dr. Stephen Chan, radiologist Dr. Robert DeLa Paz, neurologist Dr. Timothy Gershon, anesthesiologist Dr. Elizabeth Jerome, radiologist Dr. Alan Johnson, orthopedist Dr. Craig Radnay, radiologist Dr. Carrie Ruzal-Shapiro, orthopedist Dr. Sanjeev Suratwala and anesthesiologist Dr. Bernd Thiessen. The plaintiffs alleged that Arkovitz and Roye failed to properly perform the fusion of Edward’s spine, that the doctors failed to provide proper postsurgical care, that the failures constituted malpractice, and that New York- Presbyterian Hospital was vicariously liable for the actions of Arkovitz, Chan, DeLa Paz, Gershon, Johnson, Radnay, Ruzal-Shapiro, Suratwala and Thiessen.
Edward died after the lawsuit had been filed. Chan was dismissed, and the estate’s counsel discontinued the claim against Jerome. The matter proceeded to a trial against the remaining defendants.
The estate’s counsel contended that Edward’s paralysis was a result of improper placement of four screws that Roye inserted. He claimed that the screws damaged Edward’s spine. He claimed that a monitor revealed an intraoperative interruption of signals that reflect the spine’s functions, and he argued that the interruption should have prompted postsurgical performance of a CT scan. He contended that the scan would have revealed the screws’ improper placement, but that the hospital’s staff did not perform such a test. He further contended that a timely response may have allowed treatment that would have reduced the extent of Edward’s paralysis.
Edward’s parents claimed that the hospital’s staff falsely reported that a postsurgical CT scan had been performed. They claimed that they were told that the scan depicted proper placement of all of the screws that Roye inserted. The estate’s counsel claimed that four months elapsed before a scan was performed, and he further claimed that the scan confirmed that screws caused impingement of the spine’s T10, T11, T12 and L1 levels.
New York-Presbyterian Hospital’s counsel contended that the postsurgical CT scan revealed that Roye properly located all of the screws that were inserted. He claimed that the scan did not reveal impingement or a compromise of the spinal cord. He also claimed that Edward’s parents were not provided false or inaccurate information.
Roye acknowledged having intraoperatively replaced some of the screws that were inserted during the surgery, but he claimed that Edward’s paralysis was a result of a stroke that occurred during the surgery.
INJURIES/DAMAGES: On Nov. 22, 2002, Edward underwent fusion of his spine’s T9, T10, T11, T12 and L1 levels. He developed immediate paralysis of his waist and legs. Edward’s parents claimed that Edward had been an active boy who enjoyed playing hockey and other sports. Edward could not resume most physical activities, but he pro- gressed in other regards. He attended college, and he was able to operate a modified car.
In 2010, Edward developed a fatal infection of his urinary tract. The estate’s counsel contended that the infection was a result of Edward’s paralysis.
Edward, 22, died Oct. 9, 2010. The estate sought recovery of damages for Edward’s pain and suffering. Edward’s father and Edward’s mother, Virginia Beaton, sought recovery of damages for loss of services.
RESULT The jury found that Roye and New York-Presbyterian Hospital’s staff failed to perform a postsurgical CT scan, and it further found that the failures were a substantial cause of Edward’s paralysis. Roye and the hospital were deemed equally liable. The jury determined that the plaintiffs’ damages totaled $45,625,000.
$450,000 Personal Injury: future cost of wheelchair-accessible vehicles
$91,000 Personal Injury: past cost of EleCare
$1,500 Personal Injury: past cost of wheelchairs
$2,300,000 (total, from Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C.; insurance coverage’s limit)
None (Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C.)
$56,615,069.56
POST TRIAL The liable defendants’ counsel has moved to set aside the verdict.
EDITOR’S COMMENT This report is based on information that was provided by plain- tiff’s counsel and counsel of Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C. Additional information was gleaned from court docu- ments. The remaining defendants’ counsel did not respond to the reporter’s phone calls.
NUMBER FIVE
MEDICAL MALPRACTICE
Death — Paralysis/quadriplegia — Paralysis
Surgery’s hardware paralyzed patient, lawsuit alleged
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
PLAINTIFF(S)
PLAINTIFF ATTORNEY(S)
PLAINTIFF EXPERT(S)
DEFENDANT(S)
TRIAL LENGTH
TRIAL DELIBERATIONS
$45,625,000
Verdict-Plaintiff
Estate of Beloyianis v. NY and Presbyterian Hospital Bronx County
Howard H. Sherman
May 27, 2015
other - death paralysis/quadriplegia - paralysis
Virginia Beaton, Michael Beloyianis, Estate of Edward Beloyianis (Male, 14 Years)
Evan Torgan; Torgan & Cooper; New York, NY, for Virginia Beaton, Michael Beloyianis, Estate of Edward Beloyianis
Terry Hensle M.D.; Urology; Teaneck, NJ called by: for Evan Torgan Daniel Husted M.D.; Orthopedic Surgery; Stuart, FL called by: for Evan Torgan
Gerard Catanese M.D.; Pathology; Syosset, NY called by: for Evan Torgan
Stephen Chan, Marc Seth Arkovitz, Alan Arthur Johnson, Craig Stanton Radnay, David Price Roye Jr., Sanjeev J. Suratwala, Robert Louis DeLa Paz, Timothy Robin Gershon, Bernd Hinrich Thiessen, Elizabeth Heidi Jerome, Carrie Brenda Ruzal-Shapiro, New York- Presbyterian Hospital
6 months 3 days
VIRGINIA BEATON
ESTATE OF EDWARD BELOYIANIS
MICHAEL BELOYIANIS
$125,000 Personal Injury: past monetary loss
$1,000,000 Personal Injury: future monetary loss (30 years)
$40,000,000 Personal Injury: Past Pain And Suffering
$500,000 Personal Injury: past monetary loss
$4,000,000 Personal Injury: future monetary loss (20 years)
FACTS & ALLEGATIONS On Nov. 22, 2002, plaintiff’s decedent Edward Beloyianis, 14, 16 VerdictSearch’s Top New York Verdicts of 2015
POST TRIAL Defense counsel has moved to set aside the verdict.
EDITOR’S COMMENT This report is based on information that was provided by plaintiffs’ counsel and counsel of Arkovitz, Chan, DeLa Paz, Gershon, Johnson, New York-Presbyterian Hospital, Radnay, Ruzal-Shapiro, Suratwala and Thiessen. Additional information was gleaned from court documents, an article that was published by The New York Times and an article that was published by Newsday. Jerome’s counsel was not asked to contribute.