Maria Marin v. NYCHHC
Type of Injury
CHRONIC PAIN SYNDROME
This was a structured settlement during jury selection, with a total present value of $1,800,000, for a 30-year-old college student who underwent surgery performed by Deft. for treatment of a herniated disc
XIII/36-38 MEDICAL MALPRACTICE SPINAL SURGERY TREATMENT OF POSTOPERATIVE INFECTION CHRONIC PAIN SYNDROME
SETTLEMENT: Maria Marin v. NYCHHC 2051/90 Date of Settlement 12/15/95 Queens Supreme
Pltf. Atty: Bertram D. Fisher of Queller & Fisher, Manhattan
This was a structured settlement during jury selection, with a total present value of $1,800,000, for a 30-year-old college student who underwent surgery performed by Deft. for treatment of a herniated disc. Pltf. contended that although preoperative CAT scans showed a left-sided herniation, Deft. operated on the right side of the spine, and weakened a stabilizing joint in the spine that snapped off several days later. A second operation at the same site was performed by Deft. 1 week after the first surgery. After the second operation, Pltf. began draining large amounts of fluid from the operative site. Pltf. contended that Deft. failed to immediately culture the drainage for infection. She claimed that when the infection was diagnosed, Deft. failed to timely administer antibiotics, allowing the infection to spread to the spinal nerve roots. Pltf. claimed that scar tissue from the untreated infection and surgeries caused chronic pain syndrome. She claimed that she is totally disabled.
Deft. contended that Pltf. had a central herniated disc that could have been reached from the right or left side. Deft. also contended that a postoperative infection is a risk with any surgery and that Pltf.’s infection was treated properly.
Note: The New York Jury Verdict Reporter has been advised that a Deft. neurosurgeon in this case voluntarily surrendered his privileges to practice medicine in New York State following this occurrence, due to prior conduct on his part that may have impaired his ability during the period that this operation took place. The court did not have the opportunity to rule on the admissibility of this evidence. Pltf. Experts: Pltf. would have called Dr. Hugo Keim, spinal surgeon, Pawling; Dr. Benjamin Luft, infectious diseases, Stony Brook; Dr. Sanders Davis, physical and rehabilitative medicine, Manhattan; Edmond Provder, vocational rehabilitation, Manhattan; Dr. Conrad Berenson, Ph.D., economist, Woodbury.