Articles Posted in Verdicts & Settlements

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A jury in New Haven Connecticut recently awarded a 58-year-old man $4.2 million for an injury incurred during a surgical procedure that was the result of a doctor’s misdiagnosis.

In December 2008, plaintiff visited the doctor for treatment of a swollen lymph node on the side of his neck. According to the suit, the doctor misdiagnosed what was really a mild Bartonellosis bacterial infection, also known as “cat scratch disease,” and instead recommended surgery to remove the lymph node. Then, during the procedure, the doctor damaged plaintiff’s spinal accessory nerve, causing permanent catastrophic injuries to plaintiff’s left shoulder.

Besides misdiagnosing plaintiff’s case entirely, the surgeon botched the surgery. According to the suit, plaintiff now has nerve palsy, permanent disfigurement of his left shoulder, an inability to extend that arm or raise it above his head, permanent numbness and pain, and he can no longer work at his job without considerable difficulty.

The trial lawyers at Bottar Leone, PLLC, have decades of experience investigating, prosecuting, and trying to verdict all types of medical malpractice cases, including those involving misdiagnosis and surgical errors. To speak with our experienced legal team about your medical care, please contact the Firm by telephone, email, or by submitting an online contact form.

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Bottar Leone, PLLC partners Edward S. Leone and Anthony S. Bottar recently resolved a Syracuse birth injury lawsuit for $3,250,000.00 which, after investment in annuities, will provide the plaintiffs with nearly $9,000,000.00 in compensation should the infant plaintiff live to age 74.

Like most of the Firm’s New York birth injury lawsuits, the plaintiffs alleged that a group of medical defendants, including an obstetrician and a hospital (through its labor and delivery nurses and medical residents), were negligent in their collective (1) failure to diagnose fetal distress and (2) respond by performing a cesarean section before the baby suffered permanent brain damage, including spastic cerebral palsy, blindness and deafness.

Plaintiffs’ claims included allegations that the defendants: failed to properly monitor the plaintiff, did not appreciate a non-reassuring fetal heart rate pattern marked by prolonged decelerations and minimal variability, and negligently administered Pitocin (oxytocin) when it was contraindicated. As a result, the infant plaintiff was born hypoxic, acidotic, and with low APGAR scores.
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