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Partner Michael J. Boranian, Of Counsel Kenya S. Hargrove, and Associate Igor M. Murta successfully obtained a defense verdict in Nassau County Supreme Court in a case involving a then 55-year-old retired laborer who alleged that MCB’s client hospital, its vascular surgeon and staff, as well as codefendant Emergency Department physicians, failed on multiple occasions to diagnose a right-sided arterial occlusion, leading to the development of thrombus and complete occlusion of blood flow to the lower extremity. Plaintiff claimed that the alleged delay allowed the occlusion to progress, ultimately necessitating an endarterectomy and reperfusion surgery, which in turn allegedly caused compartment syndrome, the need for a fasciotomy, a permanent foot drop, and related sequelae.
MCB maintained that the Emergency Department (ED) treatment rendered was appropriate, that the plaintiff never presented in an emergent state, that the indicated diagnostic studies were properly performed, and that referral to the patient’s primary care physician following each emergency encounter was appropriate. MCB further established that a later change in circumstances occurred which impacted the plaintiff’s vasculature and ultimately necessitated surgical intervention. It was further demonstrated that surgery was not indicated until the plaintiff’s final presentation to MCB’s client hospital, during which the plaintiff requested transfer to another facility, thereby further delaying the required surgery by an additional two days.
At trial, MCB established that the applicable emergency medicine and vascular surgery standards of care were met and that the plaintiff’s foot drop had not occurred prior to transfer from MCB’s client hospital. Following an eight-day trial, the jury deliberated for less than one hour during its lunch break before returning a unanimous defense verdict.