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Senior Trial Partner Michael Sonkin, assisted by Partner Nicole Barresi and Associate Casey Hughes obtained a defense verdict in New York County Supreme Court. In this case, a 65 year old woman claimed a failure to properly assess her report of fecal incontinence leading to delay in diagnosis of a large rectal polyp. Plaintiff claimed that her symptoms mandated a sigmoidoscopy or colonoscopy, and that the 8 month delay in diagnosis resulted in the loss of chance of undergoing endoscopic removal of the polyp. Instead, she required a laparoscopic low anterior resection surgery with resulting loss of most of her rectum and permanent bowel frequency. The defense argued that plaintiff’s incontinence was explained by her internal hemorrhoid, and that there were no indications to perform a sigmoidoscopy, or perform a screening or diagnostic colonoscopy. It was also argued that her available treatments were not impacted by the alleged 8 month delay. Following plaintiff’s request for $4 million in damages for past and future pain and suffering, the jury deliberated for one hour before returning a defense verdict.