Middlesex County – On November 15, 2001, 42 year old plaintiff went to his primary care physician complaining of severe headaches, and was given painkillers. On November 16, he went to the hospital complaining of a headache for five days and being unsteady on his feet. A doctor at that hospital ordered a CT scan that showed a colloid cyst on his brain. A radiologist suggested an MRI, but the doctor said the plaintiff had tension headaches. He was prescribed pain medication and sent home.
The plaintiff returned on November 17, complaining of a worsening headache and an inability to move his right leg. A neurologist concluded that he was suffering from a conversion disorder (a form of psychotic episode). After reporting these findings, the neurologist recommended that he be discharged with instructions to have an MRI as an outpatient.
On November 18, plaintiff returned to the same emergency room complaining of headaches and now reported that he had fallen 15 to 20 separate times since being sent home the previous day. Plaintiff was seen by another specialist who noted tremors. He was admitted to the hospital. A November 19 MRI exam showed an aneurysm in the area of the previously discovered cyst. The doctors took no action until November 20, when he underwent a cerebral angiogram that revealed a large aneurysm and subarachnoid hemorrhage. He was then transferred to the hospital and underwent surgery. Plaintiff sustained brain damage.
Plaintiff sued the doctors and hospitals for medical malpractice. The allegations were failure to properly diagnose his condition, failure to respond, failure to be more proactive and to administer faster testing and treatment immediately subsequent to the plaintiff’s hospitalization.
Two of the doctors settled during trial, another was granted a voluntary dismissal during trial immediately following his testimony and the hospital was dismissed from the case by the trial judge during the trial.
The remaining doctors denied that they were negligent in their failure to make a more timely diagnosis and contended that plaintiff’s’ preexisting condition – the aneurysm he presented with – was the cause of his injury.
The plaintiff sustained brain damage from the subarachnoid hemorrhaging and he can only communicate through head nods and hand gestures, and cannot eat or breathe on his own. He now lives in a long-term care facility with 24-hour supervision.
The jury awarded $25 million. During jury deliberation, the attorneys stipulated to $513,273.38 in past medical expenses if the jury returned a plaintiff’s verdict. Therefore the plaintiff netted $25,513,273.38. However, the portion of the verdict attributed to the plaintiff’s preexisting reduced the award by $1,45 million. The award was further reduced by $16,890,000 on account of the portion of the liability attributed to the settling defendants, so the plaintiff netted $7,173,273.38.
Plaintiff’s attorneys: Charles A. Cerussi of Cerussi & Gunn, P.C., Shrewsbury, NJ and Garden City, NY and James Wilkens of Duffy, Duffy & Burdo of Uniondale, NY