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Twelve Years from Date of Treatment, Case Resolved in Favor of Defendant Doctor

January 12, 2015

Senior trial partner Bruce G. Habian received a defense verdict in New York County where he represented a Board Certified nephrologist who had been involved in kidney stone treatment for the patient during calendar year 2001. The theory of the case was that excessive water ingestion - per the defense, this was contrary to the physician's specific instructions concerning electrolyte maintenance - caused water intoxication and resulting hyponatremia. The correction of this condition was criticized, with the claim that it caused demyelination of brain tissue and permanent brain damage.

 

The course of treatment spanned 11 years, and experts in nephrology, rehabilitation neurology, neuropsychology and neuroradiology were involved in the prosecution and defense. Senior associate Olga Nikiciuk ably assisted in the trial preparation which involved digesting and collating 12 years worth of hospital charts, lab values and treatment records for well over 50 specialists who had consulted for the plaintiff in the intervening years. In addition, crucial non-party witness depositions established important treatment testimony.

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