December 9, 2009 – After eleven days of trial, a medical malpractice lawyer from Levy Konigsberg LLP obtains a $4 Million settlement for a client who was seriously injured after the defendant, a New York hospital, failed to treat his ischemic stroke in a timely fashion.
AFTER ELEVEN DAYS OF TRIAL, A MEDICAL MALPRACTICE LAWYER FROM LEVY KONIGSBERG LLP OBTAINS A $4 MILLION SETTLEMENT FOR A CLIENT WHO WAS SERIOUSLY INJURED AFTER THE DEFENDANT, A NEW YORK HOSPITAL, FAILED TO TREAT HIS ISCHEMIC STROKE IN A TIMELY FASHION.
NEW YORK, New York, December 9, 2009 – Following eleven days of intense trial in a hospital negligence lawsuit, a medical malpractice lawyer from Levy Konigsberg LLP obtained a $4 Million settlement on behalf of a 56-year-old man1 who sued a New York hospital and neurologist for their failure to timely administer the medication known as TPA, a thrombolytic agent used to treat ischemic stroke, which must be administered within three hours of the onset of stroke symptoms.
According to the lawsuit, the patient had taken himself to the hospital after experiencing transient neurological symptoms, which completely resolved in the emergency room. He was admitted for observation. During a nursing assessment, he began to develop symptoms of acute stroke. Immediate neurologic consultation was obtained. The nurse asserted that she clearly told the neurologist the time of the symptom onset. The neurologist however asserted that the nurse told him the time of onset was unclear and this was the sole basis of his decision to not administer the drug to this patient, who was otherwise a suitable candidate for the drug.
The patient’s neurological symptoms became significantly worse throughout that day. MRI and Doppler studies revealed an occlusion of the left internal carotid artery. By the following morning, the patient was unresponsive to commands and his right arm and leg were flaccid. He was transferred to Columbia Presbyterian Medical Center where an angiogram revealed a dissection of the left internal carotid artery with pseudoaneurysm formation, a “string sign” showing a small amount of blood flow beyond the dissection, and probable stump embolus (an indication that, according to plaintiff’s expert, the stroke was more likely caused by a clot that broke off in this area and traveled to the brain, rather than merely due to decreased blood flow through the carotid artery).
Plaintiff’s expert testified that as a result of the failure to give TPA, the patient lost a substantial chance of a better recovery from his stroke, because, according to the angiogram, he had some blood flow beyond the dissection and that he also had viable collateral cerebral circulation.
Defendants’ experts would have testified that TPA is a dangerous drug that can cause cerebral hemorrhage and death and that the drug would not have benefited this patient.
As a result of the failure to treat the stroke, the patient underwent six months of inpatient therapies, including physical therapy, occupational therapy, and speech therapy. He also underwent six months of outpatient care. While he regained a significant amount of function, he remains with permanent partial paralysis of his right arm, slurred speech, and mild cognitive disorder.
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