Anton Weck was permanently paralyzed from the waist down as a consequence of a mistake in the preparation of a drug administered on May 15, 2001 at Saint Peter’s University Hospital. He is wheelchair bound, incontinent, sexually impotent and dependent on others. Anton is 25 years old and will remain in this condition for the rest of his life.

May 15, 2001 was meant to be one of the happiest in Anton’s life. He went to Saint Peter’s University Hospital on this date for his final dose of Chemotherapy utilized to conquer Leukemia. He was to receive a standard dose of methotrexate injected intrathecally (into the spinal canal). Among other chemotherapeutic agents administered through other roots. He had undergone this exact procedure over 25 times in the past without any adverse effect or complication. As he walked into the hospital, he was healthy and neurologically sound.

Anton’s medications were prepared at Saint Peter’s on May 15, 2001 by a probationary pharmacist, defendant Jhun. Ms. Jhun had essentially no experience in preparing chemotherapeutic agents and was one of if not the most junior pharmacist on staff. She was on 3 months’ probation as a consequence of inadequacies identified during her training which had ended just a few weeks earlier. By her admission, defendant Jhun committed pharmacy malpractice.

Defendant Jhun collected all the chemotherapeutic agents that she would be preparing for each of the patient receiving chemotherapy at Saint Peter’s on May 15, 2001 in a single bin. She carried the bin into the mixing room where she proceeded to mix chemotherapy for each patient consecutively. She described in her deposition that she mixed various chemotherapies (Vincristine and Methotrexate) that Anton Weck would be receiving “at the same time.” It is undisputed that this conduct fall below accepted practices and that it sets the stage for medication errors such as cause contamination and overdose. Jhun DiMatteo, the Director of Pharmacy in May of 2001 at Saint Peter’s, has clearly testified that this conduct was against both good pharmacy practice and the policies and procedures of the pharmacy at Saint Peter’s. Plaintiff’s expert, Mark Holdsworth, Ph.D., a professor of pharmacy in pediatrics at the University of New Mexico will testify that this conduct falls below any threshold of acceptable pharmacy practice. Indeed, no expert in the field of pharmacy practice testified on behalf of Ms. Jhun.

Incredibly, much of the critical documentation which would confirm exactly what defendant Jhun did the pharmacy on May 15, 2001 is missing. It had been either intentionally or negligently misplaced or destroyed by those acting on behalf of Saint Peter’s University Hospital. These documents include a detailed flow sheet which will memorialize exactly the steps taken by defendant Jhun, the type and volume of medications mixed and the cross-checking procedures she followed; a pharmacy log that would memorialize similar information; and the actual order pursuant to which this pharmacist prepared the medications. Further, a twenty-page evaluation form filled out over the course of her training at the Saint Peter’s pharmacy is missing. The testimony of the pharmacy supervisor has confirmed that this document would contain a detailed rendition of the actual training encountered by Ms. Jhun her performance during this training, the inadequacies that she manifested and the specific reasons why she was placed on the maximum probationary period after completing her training in late April 2001.

On August 1st, (2 weeks after that treatment) Anton was readmitted to St. Peters. He was paralyzed. Evidence which came out for the first time at trial revealed that, on June 7, the head of the pharmacy met with Ms. Jhun and discussed the Anton Weck case. Thereafter, she was disciplined and placed on an additional 3 months’ probation. Neither she nor the hospital ever admitted the reason for the discipline and probation. But the jury understood the significance in light of the obvious timing. The key documents went missing between June 1, 2001 and August 15, 2001, when the hospital served with a Notice of Claim. Thereafter, the documents could not be found. Thus it established that the pharmacy department was aware of the possible involvement of the intrathecal medication in causing Anton’s injuries on or before June 1, 2001.

Professor Holdsworth, Pharm. D. testified that defendant Jhun deviated from accepted pharmacy practices. This is undisputed. He testified that the way that defendant Jhun prepared the chemotherapy created the significant risk of cross contamination, which, with overwhelming probability, is what occurred in this case. He testified that the type and progression of neurological injury sustained by Anton is what one would expect with cross contamination of the intrathecal Methotrexate with Vincristine. He testified that no other, non-negligent, course of events would lead to this situation developing. Accordingly, the Court charged res ipsa loquitor.

On March 22, 2006, the jury returned its verdict in the amount of approximately $18,500,000.00. This case was tried by Attorney William Crutchlow.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $12,000,000 settlement on behalf of the Estate of a 35 year old man who died on January 1, 2017 after being admitted to his local hospital’s Emergency Department for a severe allergic reaction. A portion of the settlement is being used to purchase annuities which bring the projected total value of the recovery over $21,000,000. At the time of his death, Plaintiff left surviving a wife and 2 young children.

The Plaintiff was a 35 year old man when he presented to the Emergency Department on January 1, 2017. Although he had never previously had an allergic reaction, he complained that he felt he was having an allergic reaction to his wife’s perfume and that he felt like his throat was closing. He also complained of having hives earlier in the day. Vital signs included a normal temperature, heart rate 108 beats/min, respiratory rate 20 breaths/min, blood pressure 142/107, and oxygen saturation on room air of 94%. He was noted to be 343 pounds. He was triaged as being unstable, with an ESI level of 2 and he was admitted to the Emergency Department under the care a defendant physician who was board certified in emergency medicine. There were also 2 defendant nurses involved in Plaintiff’s care in the Emergency Department.

On exam, the emergency medicine physician noted moderate distress and a markedly swollen edematous hard palate and uvula.   The nurses documented that the patient was in sinus tachycardia, had full motion of his neck, and had throat redness.  He was alert, had clear speech, and was communicating appropriately with no neurological symptoms.  However, Mr. Zaslow’s client also had shortness of breath, shortness of breath at rest, and unlabored respirations. The defendant physician ordered Diphenhydramine (Benadryl), Famotidine (Pepcid) and Dexamethasone (Decadron). The defendant maintained during discovery that because the patient was not hypotensive or tachycardic, and because he was not in respiratory distress, he believed the patient was suffering from bradykinin-mediated angioedema. He further maintained that because epinephrine will not help a patient suffering from bradykinin-mediated angioedema and epinephrine could cause morbidity in obese patients like this patient, he chose not to order or administer epinephrine.

At 5:15 pm the patient complained of worsening difficulty breathing and he was noted to have significant respiratory distress and decreasing oxygen saturation.  Anesthesia and surgery were called stat and preparations were made for intubation.  Anesthesia arrived within a few minutes and noted the patient to be cyanotic and hypoxic with sats in the 40-60% range despite attempts at bag-valve mask ventilation.  Despite repeated attempts, anesthesia could not successfully intubate the patient due to his swollen airway and large neck/body habitus. A Defendant resident from Surgery arrived and made two unsuccessful attempts to place a surgical airway. When these attempts at a surgical airway failed the resident called for surgical attending who arrived approximately 10 minutes later. The patient was then brought to the operating room for an attempt at a surgical airway. When the patient arrived in the operating room he was hypoxic and cyanotic. As the attending surgeon performed a cricothyrotomy the patient suffered a cardiac arrest. He could not be resuscitated and was pronounced dead.

Plaintiffs’ emergency medicine experts maintained that the emergency physician failed to timely diagnose acute anaphylaxis and that he failed to administer or order epinephrine, which they maintained is the most important first line treatment of acute anaphylaxis.  Mr. Zaslow and the experts further maintained that the defendant did not properly anticipate and prepare for intubation and waited too long before deciding to intubate.  Mr. Zaslow stressed intubation in this setting - with upper airway swelling, shortness of breath and an obese patient - is exceedingly difficult and high risk and must be timely ordered before the patient becomes hypoxic, cyanotic and in severe distress.

Plaintiffs nursing experts opined that the nurses deviated from the accepted standards of care by failing to immediately make they physician aware that she noted that the patient was experiencing shortness of breath. Mr. Zaslow and his experts further maintained that the nurses should have urged the emergency physician to administer epinephrine and if he refused they were required to circumvent physician’s authority by executing the chain of command. Finally, Plaintiffs’ nursing experts maintained that these nurses should have anticipated the need to intubate and, therefore, should have ensured all the medical equipment was available even before any physician ordered or requested the equipment.

Plaintiffs’ experts opined that the third year surgical resident had never performed an emergent cricothyrotomy and lacked the experience that this situation called for.  They asserted he deviated from the standards of care by attempting an emergent cricothyrotomy by using an improper technique. By doing so he wasted precious minutes while the patient was becoming more hypoxemic and at greater risk for permanent brain death and cardiac arrest. Mr. Zaslow and his experts maintained that the resident should have called for an attending surgeon immediately upon seeing the situation in the emergency room.  Instead he caused at least a 10 minute delay before the attending surgeon arrived by first attempting 2 unsuccessful attempts at a surgical airway before calling for the attending surgeon.

The defense experts opined that because the Plaintiff was not hypotensive or tachycardic, and because he was not in respiratory distress, the emergency physician was correct in believing that the patient was not suffering from a severe allergic reaction.  Instead, the defense experts maintained that the patient was suffering from bradykinin-mediated angioedema and because epinephrine will not help a patient suffering from bradykinin-mediated angioedema, the decision not to order or administer this medication was appropriate.

The defense experts on behalf of the defendant nurses and hospital maintained that the care and treatment of the patient was being handled by a board certified emergency physician. They further stressed that there was never an order for epinephrine and nurses are not permitted to administer epinephrine without an order to do so. Finally, they asserted they were at all times actively caring for this patient and following the management and orders of the physicians.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $5.0 million settlement on behalf of a six year old girl with hypoxic ischemic encephalopathy and cerebral palsy. A portion of the settlement is being used to purchase an annuity which make the projected total value of the settlement $10,215,715.

The child’s mother presented to Mountainside Hospital on August 26, 2013 at 9:30 am under the care of the Defendant obstetrician for an induction of labor.  Although the fetal heart rate tracings and contractions were originally reassuring, Mr. Zaslow and his experts maintained that by 3 p.m. the uterine contractions were occurring every 1-2 minutes.  Uterine contractions occurring at a rate greater than 5 in a 10 minute segment is known as uterine hyperstimulation or tachysystole, which should be avoided or treated as it can have a detrimental effect of placental perfusion and oxygenation to the fetus by not allowing sufficient re-oxygenation of the fetus between uterine contractions.  Prolonged tachysystole has been shown to have a cumulative negative effect on fetal oxygenation status and can lead to depletion of fetal reserves necessary to protect the fetus from harm during the course of labor.  Mr. Zaslow maintained that uterine tachysystole continues to be present throughout the remainder of the mother’s labor.

By 9 pm there were episodes of fetal tachycardia, with decreased variability and late decelerations. Plaintiffs’ experts maintained that over the course of several hours, the Defendant Obstetrician failed to appreciate evidence of a hostile uterine environment and fetal distress on the electronic fetal monitoring which should have prompted him to call for an emergency cesarean section. Instead, the plaintiff was not born until 12:54 a.m. the following morning. Plaintiffs’ experts opined that the delay in calling for an emergency cesarean section resulted in the infant sustaining an acute asphyxic event in the minutes before her birth which left her with significant brain damage.

The Plaintiffs’ experts were also critical of the labor and delivery nurses for not having appreciated the signs of tachysystole and fetal distress, and for not having invoked the hospital’s “chain of command” policy.  Plaintiffs claimed that the Nurses should have exercised the "chain of command" and circumvented the Defendant Obstetrician’s authority as the attending physician when the obstetrician failed to appreciate or react to the signs of fetal distress.

Attorneys William Crutchlow and Barry Eichen obtained a $9,600,000 settlement on Obstetrical Malpractice concerning a monochorionic pregnancy in which the demise of twin B and a delay in the delivery of twin A resulted in severe brain damage to the surviving twin.

After more than 4 weeks of trial Daryl L. Zaslow obtained an $8,225,000 verdict on behalf of a 4 year old boy with Down syndrome and his parents. Mr. Zaslow argued that due to the mother’s advanced maternal age of 42 years she was at an increased risk of having a child with Down syndrome and required a specialized prenatal screening test called a targeted ultrasound, which is performed during 16-18 weeks of gestation. A targeted ultrasound focuses, or targets, the fetal anatomical markers known to be associated with Down Syndrome. One of the Defendants in the suit was Plaintiff’s obstetrician who did not order a targeted ultrasound, but rather, sent the mother for a standard obstetrical ultrasound. Unlike the targeted ultrasound, a standard obstetrical ultrasound is general prenatal screening test performed on pregnant patients who are not already identified as high risk and while it may detect the presence of markers for birth defects, its primary purpose is to confirm fetal growth and gestational age.

Although the standard obstetrical ultrasound was interpreted as normal by the defendant radiologist Plaintiff’s expert maintained that the ultrasound was misinterpreted by the radiologist and in fact showed a thickened nuchal fold which is a major marker or sign of Down syndrome. Mr. Zaslow argued that this finding necessitated that the mother be sent for further prenatal screening tests including a targeted ultrasound and ultimately an amniocentesis. Had an amniocentesis been performed it would have diagnosed Down syndrome and plaintiff’s mother would have terminated the pregnancy, thereby avoiding the extraordinary costs and mental anguish associated with raising and caring for a person with Down Syndrome.

Within moments of the plaintiff’s birth it was apparent that the infant had physical characteristics of Down syndrome or Trisomy 21. Chromosomal tests confirmed the diagnosis which results in mental retardation, facial and other physical stigmas and a shortened life expectancy.

Daryl L. Zaslow, Shareholder with Eichen Crutchlow Zaslow, LLP, secured a $7 million settlement from Jersey Shore University Medical Center/Hackensack Meridian Health on behalf of the estate of Raymond Daley. Mr. Daley has a sleeping disorder, and suffered a fatal brain injury after receiving opioid medication.

You can read more about the case here.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $4.15 million settlement on behalf of a 19-year-old who sustained hypoxic ischemic encephalopathy and cerebral palsy at birth. A portion of the settlement is being used to purchase annuities, which will result in total payments to the Plaintiffs of at least $4,977,275 making the total value of the settlement over $6,274,000.

The facts which gave rise to the lawsuit occurred nearly 20 years ago. The pregnant patient arrived at the Labor and Delivery Department of the Defendant Hospital on November 10, 1993 at approximately 12:30 p.m. Pursuant to the hospital’s policies and procedures, she was hooked up to fetal monitoring, however, no baseline fetal heart rate was recorded in the records. Although the parties vociferously dispute exactly what happened next, Plaintiffs testified that at approximately 1 p.m. they were told by a nurse they could leave the hospital and Defendants contend that patient removed herself from the fetal heart monitoring and essentially left the hospital against medical advice (“AMA”).

Plaintiffs returned to the Hospital at approximately 4 p.m. where they were seen by the Defendant obstetrician, who was Plaintiff’s treating obstetrician. Plaintiffs‘ experts maintained that over the course of the next several hours the defendant obstetrician failed to appreciate evidence of a hostile uterine environment and fetal distress on the electronic fetal monitoring which should have prompted him to order an emergency cesarean section earlier than he did. Tragically, a cesarean section was not performed until 6:06 p.m., at which time Plaintiff was born with significant problems. Plaintiffs= experts opined that the delay in calling for an emergency cesarean section resulted in the infant sustaining an acute asphyxic event in the minutes before his birth which left him with significant brain damage.

The Plaintiffs’ experts were also critical of the labor and delivery nurse who they allege was responsible for prematurely discharging Plaintiffs from the hospital when they first presented to the hospital at 12:30 p.m.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $6,500,000 settlement on behalf of the Estate of a 53 year old woman who died on March 31, 2015, 3 days after being admitted to St. Peter’s University Hospital for pneumonia and sepsis. At the time of her death, Plaintiff left surviving a husband and three adult children. Although Plaintiffs settled part of the case against several defendants at a mediation before Maurice J. Gallipoli, A.J.S.C. (Ret.) in August 2019, the settlement against the remaining defendants was reached the week before the trial was to commence on December 2, 2019 and an Order approving the final allocation and distribution of funds was entered by the Honorable James Hyland, J.S.C on April 23, 2020.

Marie Horvath was a 53 year old woman, who had been sick for 5 days with fever, headache, cough and confusion, when she presented to St. Peter’s University Hospital (“St. Peter’s”) via ambulance on March 28, 2015.  The medical records document a diagnosis which included multipolar pneumonia, hypoxia and septis.  Based on the history, it was felt that she had a community-acquired pneumonia (CAP). Ms. Horvath subsequently developed progressive hypoxia and tachypnea with radiographic evidence of acute respiratory distress syndrome (ARDS). ARDS is a rapidly progressive disease occurring in critically ill patients. The main complication in ARDS is that fluid leaks into the lungs making breathing difficult or impossible.

Despite initially being treated with a 100 % non-rebreathing mask, she remained hypoxic and was switched to non-invasive positive pressure ventilation or BIPAP (100 %), which ostensibly provided only temporary improvement.  On March 31, 2015 at 12 a.m. she had oxygen saturations in the low 80s and blood gas results from 12:48 a.m. revealed a P02 44, a PC02 of 38 and a pH of 7.48.  At approximately 3:30 a.m. of March 31, a Defendant who was specialist in Critical Care and Pulmonology Medicine was covering the critical care unit, made the decision for an elective, non-emergent, intubation so that Mrs. Horvath could be mechanically ventilated.  Consistent with routine practice at the hospital, the Defendant in-house Certified Registered Nurse Anesthetist or CRNA responded to the call for intubation and arrived in the ICU sometime around 4:20 am.  Shortly after the endotracheal tube was placed by the CRNA Ms. Horvath developed bradycardia and cardiac arrest. A code was called, however, Ms. Horvath was not able to be resuscitated and expired at 5:10 a.m. on March 31, 2015.

Plaintiffs’ experts maintained that Critical Care specialist waited too long to order the intubation of Ms. Horvath and that the standard of care required intubation immediately after blood gas results were completed at12:48 a.m.  According to Plaintiffs experts, Ms. Horvath had not improved with any of the antibiotics given, she had failed to stabilize with escalating treatment for hypoxemia, and she was clearly heading to physiological exhaustion and cardiopulmonary arrest. By delaying the order for intubation, Plaintiffs maintained Ms. Horvath’s physiologic reserve was more likely to deteriorate during the intubation process and thus she was more likely to sustain cardiac arrest.

Plaintiffs’ experts also opined that the CRNA deviated from the accepted standards of care by not properly inserting the endotracheal tube into the trachea, but rather, improperly placing the endotracheal tube in Ms. Horvath’s esophagus. After failing to properly position the endotracheal tube, Plaintiffs’ experts maintain the Defendant compounded that error by failing to timely appreciate signs that the endotracheal tube was not in the correct position. As per this issue, the CRNA testified that she believed the endotracheal tube was in the proper position because she observed condensation in the tube and that breath sounds were confirmed by 4 other medical care providers. Plaintiffs’ experts were critical of the CRNA for relying on these subjective factors and that she should have placed more emphasis on the fact that the end tidal C02 monitor did not appear to change colors after intubation.

The defense experts argued that this was an elective, not emergent intubation. In such circumstances, they maintained that the decision whether, and when, to electively intubate a patient is a “judgment call” and that when the specialist decided to intubate Ms. Horvath was lucid, conversant and fully capable of discussing the pro and cons of intubation. As such, they argued the Defendant’s decision to intubate was not delayed.  With respect to causation, they opined that Ms. Horvath suffered from a non-responding pneumonia – whether community or healthcare associated – with persistent deterioration despite treatment with several different antibiotics. As such, they maintained she had severe ARDS and she had a high risk of morbidity and mortality.

The case was settled for $6.5 million.

Read the write-up by the New Jersey Law Journal here

Barry Eichen, Shareholder at Eichen Crutchlow Zaslow, LLP, obtained a $6 million settlement for a plaintiff who died as the result of healthcare negligence.

Daryl Zaslow obtained a $5.9 million recovery on behalf of the Estate of a 67-year-old man who was the victim of multiple acts of negligence. The litigation originally arose out a motor vehicle accident. As a result of the accident, the Plaintiff sustained a partially torn rotator cuff. After conservative physical therapy failed, the plaintiff underwent what was anticipated to be a “routine” arthroscopic shoulder surgery. Tragically, during the perioperative or postoperative period the Plaintiff sustained an anoxic incident which left him brain damaged and unable to care for himself until he died several years after the accident.

The Plaintiffs filed the lawsuit against the driver who caused the motor vehicle accident as well as the 3 anesthesiologists who cared for him during the surgery. The medical records contained absolutely nothing unusual or inculpatory and the underlying medical issues involved in the medical malpractice aspect of the case were extraordinarily complex. In short, Plaintiff’s expert anesthesiologist opined that as a result of the positioning of Plaintiff during the surgery there was a reduction of the mean arterial blood pressure and cerebral profusion pressure which caused the anoxic injury. At the time the surgery was performed, this theory of medical negligence or medical complication had not even been recognized in the medical texts.

The case was litigated for nearly 10 years. During the course of litigation, the venue was changed, the case was stayed, and an insurance company become insolvent. The recovery of $5.9 million represents the full limits of the insurance for the defendants.

Daryl L. Zaslow obtained a $5,516,150 verdict on behalf of a 5-year-old girl with a brachial plexus injury. The delivery was complicated by shoulder dystocia. Plaintiff’s experts maintained that the permanent injury was caused by the doctor applying excessive lateral traction on the baby’s head after her shoulder was impacted on her mother’s pubic bone. Plaintiff underwent surgery to improve her condition and her pediatric neurologist testified that although she made significant improvement following the surgery, she still has permanent limitations and he could not rule out the need for another surgery.

The Defendant maintained that she never applied excessive traction on the baby’s head and that after properly diagnosing the shoulder dystocia, she easily freed the impacted shoulder by applying 2 appropriate maneuvers, McRoberts and Suprapubic pressure. The defendant’s expert opined that there are several causes for brachial plexus injuries other than excessive traction by the doctor and that the defendant did not deviate from accepted standards of care.

After deliberating for nearly 3 hours, the Essex County jury awarded the plaintiff $5,158,910 for disability, impairment, loss of enjoyment of life, and pain and suffering, $225,000 for future lost wages and $132,240 for future medical expenses.

HOME NEWS TRIBUNE – Friday, November 4, 2005

MIDDLESEX COUNTY: A North Brunswick man who suffered a massive stroke in 1999 has been awarded more than $5 million by a Superior Court jury.

After a seven-day trial in courtroom of Judge Mathias Rodriguez and two-and a-half hours of deliberations on Wednesday, the jury found that 49-year-old Mark Hoffman received improper medical treatment after he passed out at work in October of 1998.

Hoffman through his attorney William Crutchlow of the Edison law firm Eichen Crutchlow Zaslow, LLP, filed suit against his cardiologist Alexander Karpenos of Edison in January 2001. Hoffman suffered the Stroke Jan. 29, 1999.

Crutchlow said the award, including interest, totaled $5.4 million. The award included $416,000 for lost wages and the remainder was for pain and suffering.

Crutchlow said after Hoffman passed out at Frigidaire in Edison, where he worked for 15 years, he was diagnosed with atrial fibrillation, rapid heartbeat, congenital heart disease and an enlarged heart.

Crutchlow presented the testimony of Joseph Grossman, a New York City cardiologist, and John Greenberg, a Somerville neurologist, and argued that if Hoffman were treated properly, the stroke would not have occurred.

MONMOUTH COUNTY: Plaintiff counsel, William O. Crutchlow, of Eichen Crutchlow Zaslow, LLP. On October 5, 2007, a Monmouth County jury returned a verdict of $5,250,000 in favor of a man who had been misled into undergoing an experimental procedure aimed at shrinking his prostate. On February 29, 2000 62-year-old AR underwent the procedure known as alcohol ablation at the hands of defendant Roseland urologist Joseph DiTrolio, M.D. AR was not advised of the true risks of the procedure prior to the operation and, instead, was misled through written information presented by the defendant which described the operation as easy, risk free and pain free. The consent form detailing the true risks, including that the procedure was experimental, that it was riskier than current approved therapies and that it carried unknown risks, was not signed until several days after the procedure was completed. AR went on to require corrective surgery and was left with permanent, intermittent urinary incontinence.

Silecchia v. The Ocean Eye Institute, et. al.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $5.0 million settlement on behalf of a 50-year-old stroke victim and his soon to be ex-wife, with whom he has separated.

Paul Silecchia presented to the Ocean Eye Institute on June 25 and July 20, 2009, where he was seen by an optometrist. At both visits, Mr. Silecchia complained of recent headaches with monocular visual disturbances. The examinations by the defendant revealed no retinal pathology for the symptoms and his differential diagnosis included glaucoma and headache/migraine. At the second visit the optometrist recommended that Mr. Silecchia follow-up with his primary care provider if the headaches persisted and he was told return to The Ocean Eye Institute in one year. Neither the optometrist nor anyone from The Ocean Eye Institute expressed any urgency regarding Mr. Silecchia’s symptoms or his need for immediate treatment.

On July 20, 2009, Mr. Silecchia called his primary care physician, requesting prescriptions for several things, including an MRI of the head. Although Mr. Silecchia did not speak directly to his doctor Mr. Silecchia did speak to the staff and the phone message given to his physician from his staff stated that Mr. Silecchia had “headaches” and “left eye patches.” Notably, the phone message also informed the physician that according Mr. Silecchia had seen an optometrist and his “eyes were within normal limits.” With this information, the primary care physician wrote a prescription for an MRI of the head with and without contrast. The diagnosis written on the prescription states, “headaches and vision changes.” Dr. Lozowski did not call or ask to speak to Mr. Silecchia or to the optometrist regarding Mr. Silecchia’s situation and no one from his office expressed any urgency to Mr. Silecchia regarding the etiology of his symptoms or the need for immediate evaluation.

On August 3, 2009 Mr. Silecchia suffered a left hemisphere stroke involving the left middle cerebral artery distribution. The stroke resulted in permanent disability, including neurological deficits affecting the right side of his body, which have resulted in difficulties in walking and speaking. As a result of these deficits Mr. Silecchia never returned to work as a department manager at Pathmark.

Mr. Zaslow retained experts in ophthalmology, optometry, neurology, family medicine, internal medicine, life care planning and economics. With respect to the issue of liability, Zaslow and his experts maintained that the symptoms reported by Mr. Silecchia were secondary to amaurosis fugax, or ischemia to the ophthalmic artery from a carotid vascular lesion. Amaurosis fugax is a critical symptom that requires an emergent work up. Zaslow further maintained that an evaluation by a neurologist, primary care physician or one conducted in the emergency department at any time in the 6 weeks prior to his stroke would have prompted a carotid ultrasound which would have easily diagnosed his high-grade carotid disease. Mr. Silecchia would have then undergone carotid revascularization or carotid endarterectomy and this stroke would have been prevented. Click here to read more about the case.

After more than 5 weeks of trial Daryl L. Zaslow, Esq. of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River) obtained a $4,650,000 settlement on behalf of a 7-year-old boy with Down syndrome and his parents. Mr. Zaslow was assisted at trial by Thomas Rinaldi, Esq. of the firm. The settlement was reached as the case was being tried in Monmouth County before the Honorable David F. Bauman, P.J.S.C.

The Plaintiff Mother was sent by her regular obstetrician to the Defendant, a specialist in maternal fetal medicine, for first and second trimester prenatal screening tests due to a family history of birth defects. Although the first trimester screening test performed when Plaintiff was 12 weeks pregnant determined Plaintiff’s risk of having a baby with Down syndrome to be 1 in 1,102, Mr. Zaslow argued the Defendant deviated from the accepted standards of care in his interpretation of a second trimester targeted ultrasound performed when Plaintiff was 19 weeks pregnant which Mr. Zaslow argued showed the presence of two “soft markers” for Down syndrome. More specifically, Plaintiffs’ experts maintained that the Defendant failed to appreciate the presence of soft markers for Down syndrome referred to as a “sandal gap” and a “hypoplastic mid-phalanx of the fifth digit.” During the trial testimony of the Plaintiffs’ maternal fetal medicine expert, the jury was shown an ultrasound image the expert testified depicted an abnormal wide space between the first and second toe known as a sandal gap. The jury was also shown another ultrasound image the expert testified demonstrated an underdeveloped bone in the pinky known as a hypoplastic mid-phalanx of the fifth digit. Mr. Zaslow also introduced medical literature to support his argument that a sandal gap is found in 45% of babies born with Down syndrome and that 60% of fetuses with Down syndrome have a hypoplastic mid-phalanx of the fifth digit.

Mr. Zaslow argued that the Defendant needed to inform his client of the presence of both of the soft markers and of their statistical association to Down syndrome so that Plaintiff could make an informed decision whether to pursue an invasive amniocentesis. Had an amniocentesis been performed it would have diagnosed Down syndrome and plaintiff’s mother would have terminated the pregnancy, thereby avoiding the extraordinary costs and mental anguish associated with raising and caring for a person with Down syndrome.

In addition to filing suit against the maternal fetal medicine specialist, Mr. Zaslow also named as a defendant the sonographer who performed the targeted ultrasound. Although the defense conceded that the sonographer was not responsible for interpreting the ultrasound, Mr. Zaslow argued she should have brought the alleged abnormalities to the attention of the physician.

The Defendants argued that the ultrasound was entirely normal and did not demonstrate either the sandal gap or a hypoplastic mid-phalanx of the fifth digit. They also had several experts in maternal fetal medicine prepared to testify that a sandal gap and hypoplastic mid-phalanx of the fifth digit are not even considered reliable soft markers for Down syndrome and are therefore even if they are present, they should not be used to counsel patients about their risk for having a baby with Down syndrome.

Attorney, William Crutchlow, secured a settlement with defendant doctor for delay in diagnosing nasopharyngeal cancer. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).

William Crutchlow of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently settled a case for $4,250,000 arising from brain damage sustained by a two-year-old boy following upper airway surgery. The child developed Post Obstructive Pulmonary Edema which caused his lungs to fill with fluid. Management of this condition requires intubation. The physicians managing the child’s care delayed in acting to intubate which led to the severe worsening of the child’s condition and then to cardiac and respiratory arrest. The boy was ultimately resuscitated, but sustained significant brain damage affecting his vision and cognitive functioning.

William O. Crutchlow of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey won a $4,000,000 jury verdict in favor of a woman who sustained a large stroke due to a delay in diagnosis of an aneurysm.

Foster v. Falk: A Middlesex County jury awarded a $4 million on Feb. 4 to a woman found to have suffered a brain-damaging stroke because doctors failed to order tests for her headaches.

Over seven days in June 1996, Carlene Foster, now 50, complained of headaches and vomiting to three doctors at HIP of New Jersey in Edison and to an emergency room doctor at J.F.K. Medical Center, and on June 12, she suffered a stroke. The jury found each doctor 25 percent liable, says her lawyer, William Crutchlow of Edison’s Eichen Crutchlow Zaslow, LLP.

Superior Court Judge Yolanda Ciccone presided at trial. Foster’s expert testified that a CAT scan, which would have shown pre-aneurysm bleeding, should have been attributed to migraine headaches and that the doctors did not deviate from standards of care by not ordering a CAT scan, Foster’s lawyers say.

The doctors and their lawyers are David Falk, represented by John Orlovsky of Orlovsky, Moody, Schaaff & Gabrysiak in West Long Branch; Nancy Somer, represented by Thomas Pyle of Roseland ‘s Post, Polak, Goodsell, MacNeill & Strauchler; Jeffrey Rosen, represented by Donald Grasso of Orlovsky, Grasso, Bolger, Mensching, Halpin & Daley in Toms River; and Angelo Racaniello, represented by Peter Gordon of Krompier & Gordon in Parsippany.

Pyle confirms the size of the verdict but declines to comment on whether there will be an appeal.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey was co-lead counsel on a case arising from Cerebral Palsy suffered by a child during his birth. The case recently settled for $4,000,000. Our client is a boy who was neurologically and physically normal up through the time that his mother went into labor. Over the course of the next several hours, despite repeated evidence that the boy’s brain was being deprived of oxygen, his treating physician and nurses failed to recognize this and failed to proceed to an emergency delivery. We alleged that expedited delivery was required and that the failure to identify the signs of progressive fetal distress on the part of the doctor and nurses managing the delivery fell below acceptable standards of practice. Our client suffered severe and permanent brain damage as a direct result of these failures.

Daryl L. Zaslow obtained a $2.0 million recovery on behalf of a 4-year-old boy with Cystic Fibrosis and his parents. A portion of the settlement is being used to purchase an annuity which will result in total payments to the child between $3.8 – $7.1 million, depending on how long the child lives. The settlement also allocates $468,000 to be split by the parents.

The child’s mother maintained that she was offered an elective screening test for Cystic Fibrosis carrier status at her first prenatal visit and she wanted to be screened. The mother testified that immediately after she left the obstetricians’ office with multiple requisition forms for laboratory tests, including the test for Cystic Fibrosis, which she took to them to a national laboratory. Notwithstanding this testimony, the laboratory maintained that they never received a request to screen the mother for Cystic Fibrosis and, since this is not a routine test, the mother’s blood was not screened for carrier status.

Although all of the mother’s prenatal blood tests were normal, the defendant physicians failed realize they had not received Cystic Fibrosis test results until after the child was born and diagnosed with this condition.

The gene causing Cystic Fibrosis was identified in 1989 and screening for Cystic Fibrosis has been offered to pregnant patients since the mid-1990s. Cystic Fibrosis is inherited in a recessive fashion meaning that both parents have to be carriers for a child to be born with the disorder. The initial screening test for carrier status is simply a blood test and if both parents are carriers, then the baby has a 25% chance of being born with the defect. After parents both test positive for carrier status, they may then choose to undergo an invasive amniocentesis or chronic villus sampling which will determine whether the baby has Cystic Fibrosis.

Mr. Zaslow argued that had the mother’s request to be screen been fulfilled, she would have learned she was a carrier, the father would have also undergone screening which would have been positive and the they would have elected to undergo an amniocentesis. Had an amniocentesis been performed it would have diagnosed Cystic Fibrosis and plaintiff’s mother would have terminated the pregnancy, thereby avoiding the mental anguish and extraordinary costs associated with raising and caring for a person with Cystic Fibrosis.

Cystic Fibrosis is a genetic disorder affecting multiple organ systems including the digestive system, pancreas, liver, intestines, sinuses and respiratory system. The defective gene resulting in Cystic Fibrosis causes the mucus to become perniciously thick and sticky. In terms of digestive problems this thick, sticky mucus blocks pancreatic ducts. As a result, digestive enzymes that are produced by the pancreas cannot reach the small intestine.

The respiratory system is the most serious problem for people with Cystic Fibrosis. The thick mucus builds up in the lungs and blocks the airways. This allows bacteria to grow in the lungs and results in serious lung infections, lung damage and ultimately respiratory failure. Today, the average life expectancy of people with Cystic Fibrosis is 37 however, just ten years ago, the life expectancy was 18 years of age.

The defendant physicians argued that the mother decided she did not want to be screened for carrier status and after the child was born advised the physicians she would not have terminated the pregnancy even if she was told the baby had Cystic Fibrosis. The laboratory also maintained they ran the tests that were ordered by the physicians.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently accomplished a $3,350,000 settlement for a woman who suffered brain damage due to massive blood loss after giving birth. Our client was in her mid-thirties when she underwent an elective caesarean section to deliver a healthy baby boy. The procedure was done to avoid potential complications from a previously diagnosed placental abnormality. Shortly after giving birth, the patient started to bleed heavily. The operating Obstetrician and the Anesthesiologist on the case were slow to appreciate the significance of the bleeding and failed to act promptly to call for help or to replace lost blood products and fluids. Our client lost a massive amount of blood before going into cardiac arrest and losing blood flow to her brain for several minutes. She was resuscitated, but had sustained significant brain damage leaving her permanently physically and cognitively impaired. A settlement was reached with the Obstetrician, the Anesthesiologist and the hospital where the delivery occurred.

THE NEW JERSEY LAW JOURNAL – SUITS & DEALS

Porrino v. Leslie Ocher, et. al.: The Sports and Orthopedic Rehabilitation Institute in New Brunswick and one of its physical therapists agreed to a $600,000 present- value settlement that will pay $3.3 million to a 10-year old hemophiliac whose leg was fractured by a physical therapist.

The insurer for the New Brunswick rehabilitation facility and physical therapist Leslie Ochner will pay the sum over the lifetime of Michael Porrino, of Metuchen, who suffered permanent loss of movement in his right leg as a result of fracturing his femur during a Dec. 24, 1992, circulation therapy session, according to Porrino’s lawyer at Eichen Crutchlow Zaslow, LLP in Edison.

Porrino’s leg was put in a cast and when it was removed, he couldn’t move his knee. “The range of motion in his knee is permanently limited,” The Firm says.

Middlesex County Superior Court Judge George Nicola had begun the trial before the defendant’s insurer, Princeton Insurance Co., made an offer, according to defense attorney Thomas Chansky. The parties tentatively agreed to the structured settlement while the jury was deliberating. “In the eleventh hour they agreed to pay us a small amount,” says his attorney. “We were moments away from a verdict.”

Chansky, a partner in North Brunswick’s Lynch Martin, says that the defendants were reluctant to settle with Porrino because the plaintiff’s claims were so unusual. “All the doctors we talked to agreed they’d never heard of this kind of injury,” says Chansky.

Nicola signed off on it three weeks ago.

By Lisa Brennan
Reprinted with permission from the New Jersey Law Journal, August 12, 1996 by American Lawyer Media, L.P.

MIDDLESEX JURY AWARDS $3.24M FOR RADIOLOGIST’S FAILURE TO SPOT CANCER

THE NEW JERSEY LAW JOURNAL – SUITS & DEALS

Rodd v. Kotler: A Middlesex County jury awarded $3.24 million on April 30 in a wrongful death case against a radiologist for failing to spot a Sayreville woman’s breast cancer in two mammograms.

Plaintiffs’ lawyer says that Maria Rodd’s 1997 mammogram showed a cluster of millimeter-sized dots that should have prompted radiologist Stuart Kotler to order a needle biopsy. Instead, Kotler told Rodd the film was normal. By August 1998, the cluster had grown and there was a tumor, though it was not visible on the mammogram film. Again, Kotler told Rodd the test was normal. In January 1999, when she went to her obstetrician-gynecologist complaining of a breast lump, a biopsy found an 11-centimeter, stage-four tumor, the most advanced, said his attorney, from Eichen Crutchlow Zaslow, LLP in Edison.

Rodd had a radical mastectomy and an axillary dissection of her lymph nodes; 14 of 18 nodes tested positive for cancer. Chemotherapy and radiation followed, but the cancer had metastasized, and she died in 2002 at the age of 53. Rodd’s husband, Joseph, and three grown daughters sued Kotler and his employer, University Radiology of East Brunswick.

The Firm says defense radiologist Joseph Becker of Pennsylvania denied the clusters existed and defense oncologist Julian Decter of Morris County testified that Rodd would have died anyway.

Judge Douglas Hague presided at the trial. When the jury asked for a calculator during deliberations, defense counsel Rudolph Socey Jr. suggested a high-low of $500,000 to $2.5 million but Kotler refused. Socey, a partner with Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey in Lawrenceville, did not return a call requesting comment.

The jury awarded $1.7 million for pain and suffering, $1.5 million for loss of consortium and $40, 000 for wrongful death.

University Radiology has a $10 million policy with MIIX.

Perricone v. Eltaki: The estate of a Secaucus man who died shortly after shoulder surgery received a $2.5 million settlement in a Hudson County suit on July 1. On April 19, 2012, Gerald Perricone, 57, had elective right shoulder surgery to repair a labrum tear at Bloomfield Surgi-Center, where he was administered anesthesia by anesthesiologist Dr. Kareem Eltaki.

Perricone allegedly died from cardiac distress when catecholamines, adrenaline-like substances that interact with the heart, circulated through his bloodstream. The substance was secreted from a pheochromocytoma, which is an abnormal mass, according to the suit.

The pheochromocytoma was first diagnosed upon autopsy, according to the estate’s lawyer, Daryl L. Zaslow of Eichen Crutchlow Zaslow LLP in Edison.

While pheochromocytoma is usually diagnosed on autopsy, Perricone experienced tachycardia, or elevated heart rate, before the start of the surgery, which should have been addressed by Eltaki, according to Zaslow.

The suit claimed Eltaki deviated from the standard of care by failing to administer medication to Perricone, by failing to appreciate the seriousness of his condition after the surgery, by failing to have Perricone hospitalized promptly, and by delaying before calling emergency help, Zaslow said. The suit also claimed prompter emergency care would have led to Perricone’s survival. Perricone, 57, had a wife and three children.

According to Zaslow, the defense emphasized how rare it is to diagnose a pheochromocytoma before death, and noted that Perricone’s primary care physician and cardiologist both cleared him for surgery.

The case was settled before Hudson County Superior Court Judge Peter F. Bariso. Eltaki agreed to pay his $1 million policy limit, and Eltaki’s employer, Northern Valley Anesthesia Group, also agreed to pay it’s $1 million policy limit. Bloomfield Surgi-Center agreed to pay $500,000.

Eltaki and Northern Valley Anesthesia were represented by R. Scott Eichhorn of Marshall Dennehey Warner Coleman & Goggin in Roseland. Eichhorn could not be reached for comment.

Heather LaBombardi of Giblin Combs & Schwartz in Morristown, who defended Bloomfield Surgi-Center, declined to comment.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $2,500,000 settlement on behalf of the Estate of a 57-year-old man who died from a pheochromocytoma-related cardiac crisis during and immediately following an elective orthopedic shoulder surgery. At the time of his death on April 19, 2012, Plaintiff left surviving a wife and three adult children.

On April 19, 2012 Plaintiff Decedent underwent an elective right shoulder surgical repair of labrum tear under general anesthesia to be administered by the Defendant anesthesiologist. The procedure was performed at a free-standing surgical center. The surgery went smoothly from an orthopedic viewpoint, however, approximately three hours after the surgery began, Mr. Zaslow’s client was dead, succumbing to a pheochromocytoma-related cardiac crisis. A pheochromocytoma is an abnormal mass that secretes inappropriately large quantities of catecholamines, or adrenaline-like cardiac excitatory substances into the circulation. The Plaintiff Decedent’s pheochromocytoma was first diagnosed on autopsy. Although the vast majority of pheochromocytomas are found in the abdomen, they can be found anywhere along a system of primitive residual neuro-endocrine rests running along the spine from the base of the skull (glomus jugular) down to the top of the urinary bladder (organ of Zuckerkandl). If undiagnosed and untreated, they can prove lethal through the mechanism of severe hypertensive crisis, stroke, catecholamine-induced cardiomyopathy, and fatal cardiac rhythm disturbances. The medical literature states that approximately 90% of pheochromocytomas are first diagnosed on autopsy.

Mr. Zaslow and his experts maintained that his client developed wide QRS complex tachycardia before the start of surgery and that the Defendant anesthesiologist deviated from the standard of care when he proceeded with the surgery instead of further investigating the aberrant heart rate. They further maintained that the Defendant’s treatment of this patient’s wide (QRS) complex tachycardia during surgery deviated from the standard of care and that no clear attempt was made by the Defendant to address the wide complex tachycardia with proper medications or determine its etiology. Finally, Mr. Zaslow maintained that the anesthesiologist failed to appreciate the severity of the situation after the surgery was finished and while his patient was decompensating in the PACU. Despite problems with oxygenation and concomitant cyanosis, Plaintiffs maintained that the Defendant delayed in calling for an EMT and chose not to have his patient brought to the nearest hospital.

Mr. Zaslow and his experts contended that had this elective operation been suspended appropriately at the onset of the cardiac crisis, had appropriate medications been given, and had his client been transferred to a tertiary clinical facility in the appropriate time frame with proper stabilization and evaluation, followed by surgical extirpation (and cure) of the pheochromocytoma to a reasonable degree of medical certainty he would have experienced a normal recovery, with safe and successful shoulder repair later, and a normal long-term survival.

The Defendants stressed that approximately 90% of pheochromocytomas are first diagnosed on autopsy and that this statistic supports how difficult it is to diagnose them.

The matter settled for $2.5 million with the $1 million policy limits of the anesthesiologist being paid, the $1 million policy limits of the anesthesiologist’s employer being paid, and $500,000 being paid by the Surgery Center where the surgery was performed.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $2,350,000 settlement on behalf of the Estate of a 53 year old man who died from an aortic dissection. At the time of his death on October 18, 2013, Plaintiff left surviving a wife and two adult children. The case was scheduled for trial on March 11, 2019 and the settlement was reached on March 6, 2019 during a settlement conference before the Honorable Craig L. Wellerson, J.S.C.

Jonathan Rabkin was a 53 year old man when he presented to the Community Medical Center Emergency Department at 0109 on 10/18/2013 complaining of the sudden onset of upper abdominal pain radiating to the back. There was associated nausea and vomiting. He was seen by the Defendant attending emergency physician. After ordering labs and after a chest x-ray demonstrated an apparent wide mediastinum the emergency room physician ordered a chest CT angiogram (a CT with contrast) to rule out an aortic dissection, however, the physician subsequently canceled the contrast administration due to concerns regarding the elevated creatinine. As such, the CT scans of the chest and abdomen were ultimately performed at 0341 on 10/18 without IV contrast.

The Defendant radiologist, provided a preliminary interpretation of the CT scans at 0404 and a final read of these CT scans at 0501. This Defendant’s interpretation of the Chest CT noted a 5.2 cm fusiform ascending thoracic aortic aneurysm. Although the final report of the Chest CT prepared by the radiologist notes that the results were “relayed to the emergency room” the emergency room physician testified he was never told that the CT demonstrated a 5.2 aortic aneurysm and that the radiologist nformed him there “was no acute process” noted on the CT scan.  As such, at 0407, Mr. Rabkin was admitted to the hospital for observation status and he was passed off to the on-duty hospitalist who was also a Defendant. It was not until 0903 that a contrast enhanced CT scan was performed of the chest revealing an extensive Type A aortic dissection with hemopericardium. At that time, arrangements were being made to emergently transfer Mr. Rabkin to Pennyslvania Hospital for the surgical repair of the aortic dissection, however, at 10:25 Mr. Rabkin became profoundly unstable and despite full resuscitative he could not be resuscitated. He was pronounced dead at 1148 on 10/18/13.

Mr. Zaslow and his experts maintained that a noncontrast CT scan cannot reliably diagnose or exclude the diagnosis of aortic dissection which is a life-threatening condition. As such, they argued that once the emergency physician ncluded an aortic dissection in his differential diagnosis it was incumbent on him to ensure that test was performed. Here, the Defendant initially ordered the correct test when he ordered the CT angiogram, however, his decision to cancel this and proceed instead with a noncontrast CT of chest was a decision that fell below the standard of care and caused unnecessary delay in diagnosing the aortic dissection.

Mr. Zaslow and his experts also maintained that the radiologist also deviated from accepted standards of radiology by not immediately contacting the emergency room physician and advising him of his finding of an ascending thoracic aneurysm and of the urgent need for a CT angiogram with contrast to exclude a dissection. As per these issues, Plaintiffs’ experts maintained that in a setting in which the ordering physician is considering an aortic dissection the finding of an aortic aneurysms is a critical finding that must be immediately communicated to the ordering physician and that the radiologist must also recommend the necessary study to ensure a timely diagnosis.

Plaintiffs’ experts were also critical of Defendant Hospitalist for contributing to the delay in not ordering the CT angiogram as soon as she became responsible for the patient upon his admission to the hospital at 0407.

Mr. Zaslow and his experts in thoracic surgery maintained that had a timely diagnosis been made, Mr. Rabkin could have easily been transferred from Community Medical Center to a hospital that was actually capable of performing the requisite surgical repair of acute ascending aortic dissections. As per this issue, Community Medical Center, which is part of the RWJ Barnabas Health System, is not a cardiac surgery center capable of performing emergent surgical repair of an aortic dissection. Jersey Shore University Medical Center is a cardiac surgery center fully capable of performing the surgery Mr. Rabkin required to save his life and was the closest such hospital to Community Medical Center.

The Defendants’ experts opined that even if Mr. Rabkin was diagnosed with an aortic dissection at approximately 0407, it would still have taken 6-10 hours to effectively transfer him to another institution that was capable of performing this surgery and therefore Mr. Rabkin would not have been saved.

NEW JERSEY LAW JOURNAL
SUITS & DEALS – JULY 10, 1995

Van Nosdall v. Sergeant: A Middlesex County jury deliberated for one hour on June 29 before awarding $2.2 million to the widow of a man whose medication allegedly caused liver failure.

Wesley Van Nosdall of Old Bridge began taking acetaminophen with codeine for his back pain as prescribed by his doctor, John Sargeant, in September of 1983, according to Van Nosdall’s attorney, from Eichen Crutchlow Zaslow, LLP. Van Nosdall took up to seven pills daily, The Firm says. He adds that between 1983 and February of 1991, when Van Nosdall stopped taking the medication, his elevated liver enzymes, an asymptomatic condition, were aggravated. He died on April 14, 1991, at age 59, of acetaminophen induced liver failure.

Van Nosdall’s widow, Dorothy, filed suit in July 1992. The trial, before Superior Court Judge George Nicola, lasted for four days.

The Plaintiff’s expert witness, Paul LeWinter, an internist at Muhlenberg Regional Medical Center in Plainfield, showed that elevated liver enzymes were, at best, not helped by the acetaminophen prescription.

Sargeant was represented by Thomas Chansky of Lynch Martin in North Brunswick, who did not return a telephone message left at his office.

By Deseree Graham

Reprinted with permission from the New Jersey Law Journal, July 10, 1996 by American Lawyer Media, L.P.

Daryl L. Zaslow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently settled a urologic medical malpractice matter for $2.2 million on behalf of a 62-year-old man.  Plaintiff presented to the Defendant at the referral of his primary care physician because of elevated PSA levels. Plaintiff maintains that, at the conclusion of the consultation, a biopsy had not been scheduled, but that the following day a staff member of Defendant’s practice called to advise of an opening in their schedule, which he agreed to take. It is alleged that Defendant failed to appreciate that no pre-operative instructions were given to Plaintiff such that pre-operative measures, including an enema and prophylactic antibiotics, were not followed. The day following the procedure Plaintiff was gravely ill, and presented to the Emergency Room where he was diagnosed with hypotension, septic shock as a result of bacteremia from prostatitis, respiratory failure, gangrene, and multi-organ failure. Plaintiff thereafter underwent bilateral below the knee amputations, below the elbow amputation of the left upper extremity and partial loss of right hand and four fingers.  He now relies on prosthetics and a walker to ambulate. Settlement was reached prior to the exchange of written expert reports.

NEW JERSEY LAW JOURNAL
SUITS & DEALS – JUNE 22, 1998

Castro v. Kappy: Union County Superior Court Judge John Pisansky on Tuesday approved $2 million settlement for an Elizabeth boy who was born with cerebral palsy after doctors allegedly neglected signs of fetal distress.

Cathy Castro was admitted to Newark Beth Israel Hospital on the evening of Jan. 26, 1994 by her obstetrician Kenneth Kappy to induce labor because a fetal non-stress test was nonreactive, “which was a strong indication for concern and close monitoring,” says the Plaintiff’s attorney, from Eichen Crutchlow Zaslow, LLP in Edison who represented the Castro family in the medical malpractice claim. A medical resident, John Simonetti, notified Kappy around midnight that there was fetal distress and was led to believe Kappy was coming to deliver the baby by caesarean section.

Kappy’s lawyer, Stephen Mortenson, of Springfield’s Mortenson & Pomeroy, says his client did not remember receiving the call from Simonetti. In the morning the baby still hadn’t been delivered, so the resident obstetrician, Marilyn McArthur, called Kappy in. By then it was too late because the baby had cerebral palsy due to the loss of oxygen. All three doctors were named in the suit.

Mortenson says this was a compromise settlement and there was no admission of liability. In fact, the defense contends that the baby is physical problems were caused by unrelated congenital conditions, Mortenson says.

Under the structured settlement agreement, the initial $1 million disbursement is expected within 30 days of the agreement, of which The Firm is expected to receive $494,522 in fees and $21,910 for reimbursement for litigation costs. A trust will be established for the boy, Dominick Castro, with the remaining 1 million. Within 30 days, Castro can expect to receive $50,000 followed by monthly payments of $3,215, which will increase at 3 percent compounded annually. Payments are for the rest of Castro’s life or 30 years, whichever is longer.

The settlement is expected to yield a total of $10.3 million. Mortenson said the hospital’s insurance company will pay the settlement amount. McArthur’s lawyer, Stephen Schecter, a partner with Milburn’s Schechner & Decker, declined to comment. Simonetti’s attorney, William Lane, of Westfield’s Johnstone, Stok, Loughlin & Lane, did not return telephone calls.

By Heather MacGregor

Reprinted with permission from the New Jersey Law Journal, June 22, 1998 by American Lawyer Media, L.P.

After 3 weeks of trial Daryl L. Zaslow obtained a $2,070,000 recovery on behalf of an 11 year old boy with Down Syndrome. Within moments of the Plaintiff’s birth it was apparent that the infant had physical characteristics of Down syndrome or Trisomy 21. Chromosomal tests confirmed the diagnosis which results in mental retardation, facial and other physical stigmas and a shortened life expectancy. Plaintiff’s experts maintained that a prenatal fetal survey ultrasound done at 16 weeks of pregnancy showed a thickened nuchal fold which is a sign or marker that the fetus is at an increased risk of having Down syndrome. Plaintiff’s experts maintained that this finding necessitated that the mother be sent for further tests including a targeted ultrasound and ultimately an amniocentesis. Had an amniocentesis been performed it would have diagnosed Down syndrome and Plaintiff’s mother would have terminated the pregnancy, thereby avoiding the extraordinary costs of raising and caring for a person with Down Syndrome.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison and Toms River, New Jersey has resolved a case for $2,000,000 on behalf of his clients, a woman in her fifties and her husband, arising from Chronic Regional Pain Syndrome (CRPS) that developed from a wound caused by an improper surgical dressing applied to her calf following ankle surgery. Our client underwent routine ankle surgery for a ligament injury performed by an Orthopedist following which the doctor’s Physician Assistant negligently crafted and applied a splint/bandage complex to her foot, ankle, and calf. The dressing caused excessive pressure on the back of her calf resulting in a substantial wound prior to it being removed several days following surgery. The wound required further surgery, maggot therapy and a skin graft to close. Unfortunately, as a consequence of the wound, our client developed a severe, disabling case of CRPS effecting the involved leg, ankle and foot. She has undergone lengthy pain management, nerve blocks, medication treatments, spinal cord stimulator therapy, physical therapy and holistic treatment modalities in her ongoing, but unsuccessful effort to improve her condition. Mr. Crutchlow’s client remains disabled with chronic pain and weakness, has lost her ability to enjoy many of her prior hobbies and pursuits and is unable to return to her job in the pharmaceutical industry. Mr. Crutchlow retained experts in Orthopedic Surgery, Physician Assistant practice, Pain Management/CRPS and Economics in the prosecution of this case on behalf of his clients.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $1.9 million settlement on behalf of a 5 year old boy with hypoxic ischemic encephalopathy and cerebral palsy. The case arose out of a planned home birth performed by a certified mid-wife. Plaintiffs’ experts maintained that the Defendant mid-wife failed to appreciate a prolonged second stage of labor and that the mother needed to be transferred the nearest hospital once her second stage of labor approached 2 hours. Long second stages of labor are associated with increased fetal and maternal morbidity and mortality because fetal reserves may become low from the stress of prolonged labor and pushing. Plaintiffs maintained that long second stages of labor may be indicative of impending problems and the Defendant mid-wife failed to appreciate or react to the length of the second stage which was at minimum 2 hours and 47 minutes.

Plaintiffs’ experts opined that the delay in transferring the mother to the nearest hospital where an emergency cesarean section would have been performed resulted in the infant sustaining an acute asphyxic event in the minutes before his birth which left him with significant brain damage.

The parents signed a detailed Home Birth Consent Form which advised them that certain emergencies may occur during a home birth and that the level and type of care they receive at a home birth would be different and less than they would receive if the delivery was performed at a hospital.

The multiple defense experts opined that the second stage of labor was not too long and did not necessitate that she be transferred to the nearest hospital. A neuro-radiologist expert for the defense also maintained that the child’s neurological insult occurred several days before the birth. Finally, the defendant’s obstetrical expert testified that because the home birth did not include the use of electronic fetal monitoring it was impossible to know whether the baby was in a hostile intra-uterine environment and required an emergency cesarean section. Click here to read more about the case.

Estate of Ramos v. Christ Hospital, et. al.

HUD-L-3811-12

Daryl L. Zaslow of Eichen Crutchlow Zaslow LLP (Edison, Red Bank and Toms River), obtained a $1.88 million settlement on behalf of the Estate of a 58-year-old stroke victim.

After having fallen in his kitchen and complaining of dizziness, Francisco Ramos presented to the Christ Hospital Emergency Department on February 13, 2011. The initial diagnosis was recorded as syncope, however, a CT done at that time showed evidence of infarctions in the left internal capsule and right cerebellar hypodensity which were correctly read as subacute stroke. He was admitted to the hospital where he was seen by Dr. Kazmi, the attending internist, Dr. Patel, a first-year resident working under the supervision of Dr. Kazmi, and Dr. Kapoor, a neurologist who was called in for a neurology consultation.

The neurological consultation was performed by Dr. Kapoor on February 15, 2011 and was reported as normal. From the time of admission through discharge on February 15, 2011, Mr. Ramos displayed no neurological findings. Additionally, telemetry performed indicated no arrhythmias or aberrant findings. Mr. Ramos was discharged from Christ Hospital following on February 15, 2011 with instructions to follow-up with his internist and neurologist in one week, however, on February 17, 2011 Mr. Ramos was admitted to Jersey City Medical Center having suffered an additional stroke. While at Jersey City Medical Center Mr. Ramos went on to sustain further strokes including a totally disabling stroke on February 20, 2011. The etiology of the strokes was never determined.

Mr. Zaslow retained experts in internal medicine, neurology, family medicine, cardiology, life care planning and economics. With respect to the issue of liability, Zaslow and his experts maintained that the defendant physicians who cared for Mr. Ramos at Christ Hospital prematurely and negligently discharged Mr. Ramos without determining the etiology of the subacute infarcts, failed to do a sufficient stroke work up, failed to obtain a cardiology consult and failed to perform a sufficient neurological consultation. Insofar as none of the physicians at Christ Hospital or Jersey City Medical Center were ever able to determine the etiology of the strokes, or prevent them, the issue of causation remained problematic.

Mr. Zaslow and his experts asserted that Mr. Ramos suffered several ischemic strokes prior to his admission on 2/13/2011, and because the CT scan of 13 February 2011 showed left internal capsule and right cerebellar strokes, the strong implication is that the source of emboli was heart or great vessels; these locations would not correspond to any local cerebral or carotid vessel distribution. These types of strokes are typically caused by what is known as a ‘shower of emboli,’ almost always central (cardiac or great vessel) in origin. Before discharging Mr. Ramos, the defendants at Christ Hospital failed to order the requisite tests to determine if the subacute strokes were coming from a cardiogenic source. As per this issue, a transthoracic echocardiography can sometimes identify a source, but the standard test is TEE (transesophageal echocardiography) because of its greater sensitivity based on better images that are unaffected by lung interference. CT angiography of the great vessels is also indicated to identify major thrombi or atherosclerotic plaques in the aorta that can frequently serve as embolic sources. Although both these tests were subsequently performed at Jersey City Medical Center and were normal, Plaintiffs maintained that the TEE was performed too late only after the cardiac emboli had traveled to Mr. Ramos’ brain – thus explaining why the emboli were not present in the heart.

Mr. Zaslow and his experts were critical that even when they discharged Mr. Ramos the defendants for failed to take the most basic measures to reduce the likelihood that Mr. Ramos would suffer an additional stroke. In fact, they even failed to recommend Mr. Ramos take aspirin.

Mr. Ramos was never able to recover from the multiple strokes he sustained at Jersey City Medical Center. He could not speak, walk or care for himself. He ultimately passed away on December 31, 2012. Mr. Ramos was unemployed when the care at issue occurred and his survivors included his adult son and sister, who helped care for him before he passed.

The terms of the settlement require the insurance carrier for Defendant Kazmi, who was responsible for the order discharging Mr. Ramos, to pay $1,500,000, Defendant Kapoor’s insurance carrier to pay $350,000 and UMDNJ/Rutgers School of Medicine, the employer for the Dr. Patel, to pay $30,000. Defendant Kazmi was represented by David C. Donohue, Esq. of

Farkas & Donohue, Florham Park. Defendant Kapoor was represented by William Brennan, Esq. of The Law Offices of William Brennan, LLP, Shrewsbury. Mike Lunga, Esq. of Florham Park represented UMDNJ/Rutgers School of Medicine and Dr. Patel.

William O. Crutchlow of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey secured a $1,800,000 for a young girl who suffered nerve damage during her delivery due to the negligence of the obstetrician in charge of the birth. The evidence showed that the doctor did not anticipate or recognize a complication of the birthing process where the baby’s shoulder gets stuck on the mother’s pelvis (Shoulder Dystocia). Too much pressure and pulling was used during the birth causing permanent damage to the nerves serving one of the child’s arms (Erb’s Palsy). Our client was left with loss of use of the arm and hand and shortening of the arm.

Daryl L. Zaslow, of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained the defendant’s policy limits of $1,000,000 as a settlement on behalf of 6-year-old girl with a permanent brachial plexus injury she sustained during her birth. A portion of the settlement is being used to purchase an annuity which will result in total payments to the child of $1.4 million, making the total value of the recovery $1,785,510.

The Plaintiff was born on February 12, 2007 at Virtua Memorial Hospital and the delivering obstetrician recognized that the delivery was complicated by shoulder dystocia. Shoulder dystocia is an obstetrical emergency which occurs when a baby’s shoulder gets trapped behind the mother’s pubic bone during delivery. In these circumstances the physician is required to use certain maneuvers to free the impacted shoulder without causing injury. To prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, the standard of care requires that the delivering physician not exert excessive force in attempts to deliver the child.

In this delivery, Mr. Zaslow argued that the defendant applied excessive traction as she attempted to free the shoulder, resulting in a permanent brachial plexus injury, and, limited function of the shoulder, arm and hand known as Erb’s Palsy. Although the injured child has had surgery, the injury remains permanent.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison and Toms River, New Jersey recently settled a case on behalf of the estate of a man who died following a stroke related to a failure to diagnose a heart attack. Our client was a single man in his late sixties when he presented to a hospital emergency room after falling and hitting his head. An EKG showed signs of a developing heart attack  which went unrecognized by the emergency room doctors. The patient was admitted to the Intensive Care Unit for observation to ensure that his head injury did not progress. A second EKG was done in the ICU which showed more alarming signs of a progressing heart attack. The nurses and doctors in charge failed to recognize these signs and took no action to deal with the evolving cardiac emergency. Our client suffered a completed heart attack and was discharged the next day without any cardiac diagnosis or treatment. The damage to his heart led to the development of a clot in his heart that migrated to his brain where it obstructed blood flow and causing significant brain damage. The brain damage caused seizures and a progressive decline in cognitive and physical function. Our client was forced to live in a long term care facility for the last several months of his life before succumbing to his injuries. The case was prosecuted on behalf of his estate and his surviving siblings.

Daryl L. Zaslow, Esq. of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River) obtained a $1,700,000 settlement on behalf of a 4 year old boy with Down syndrome and his parents.  The terms of the settlement were approved by the Honorable Mark P. Ciarrocca, P.J.Cv. at a Friendly Hearing held on May 21, 2019.

The infant Plaintiff’s mother, underwent a second trimester fetal anatomical survey ultrasound on September 24, 2014. The prenatal ultrasound was performed at Defendant Trinitas Regional Medical Center and was interpreted by a specialist in maternal fetal medicine.  Mr. Zaslow argued Defendant deviated from the accepted standards of care in her interpretation of this prenatal ultrasound performed when Plaintiff was 22 weeks pregnant, which Mr. Zaslow argued showed the presence of a “soft marker” for Down syndrome. More specifically, Plaintiffs’ experts maintained that the Defendant failed to appreciate the presence of a soft marker for Down syndrome referred to as a “sandal gap”.  The experts Zaslow retained opined that an ultrasound image from this study depicted an abnormal wide space between the first and second toe known as a sandal gap. Mr. Zaslow also relied on medical literature to support his argument that a sandal gap is found in 45% of babies born with Down syndrome.

Mr. Zaslow argued that Defendant needed to inform her patient of the presence of the soft marker and of its statistical association to Down syndrome so that she could make an informed decision whether to pursue an invasive amniocentesis. Had an amniocentesis been performed it would have diagnosed Down syndrome and Plaintiff’s mother would have terminated the pregnancy, thereby avoiding the extraordinary costs and mental anguish associated with raising and caring for a person with Down syndrome.

In addition to filing suit against Dr. Langer-Most, Mr. Zaslow also named as a defendant a certified midwife employed by Defendant Trinitas Regional Medical Center. The defendant mid-wife was involved in the Plaintiff’s prenatal care on September 25, 2014 and she was responsible for informing the patient of the results a Quad Screen Test. A Quad Screen test is a routine screening test performed during pregnancy in the second trimester to help classify a patient as either high-risk or low-risk for chromosomal abnormalities. Most laboratories report the results as “negative” if the risk of Down syndrome are less than 1 in 270.  Here the mom’s risks were reported to be 1 in 291 and thus less than 1 in 270 and Defendant midwife testified that she informed the patient that the results were “normal”. Mr. Zaslow and the experts he retained argued that Defendant deviated from the accepted standards of care as she should not have advised the patient that the results were “normal” even though they laboratory reported the results as being “negative.” Plaintiffs maintained that to meet the standard of care, Defendant should have reviewed Ms. Solorzano’s age-related risk as well as her numeric test value risk, so that patient would be able to appreciate that although her risk was less than the laboratory cutoff of 1 in 270, the Quad results increased her risk by nearly 3.5 times above her age related risk of 1 in 1027. Mr. Zaslow and Plaintiffs experts argued that by doing so, this would have led to a further discussion about additional options for testing and her need for genetic counseling. By neglecting to meet this standard of care, the CNM prevented her patient from having the information to make an informed choice in whether to go forward with further testing and ultimately her pregnancy.

The experts for Defendant physician argued that the ultrasound was entirely normal and did not demonstrate a sandal gap. The defense also had several experts prepared to testify that a sandal gap is not even considered a reliable soft marker for Down syndrome and are therefore even if it was present it should not be used to counsel patients about their risk for having a baby with Down syndrome. Finally, the experts for the Defendant midwife opined that the laboratory correctly reported the Quad screen results as negative and the midwife did not deviate from the accepted standards by communicating the results as “normal.”

Cole v. Mantinaos, et al.

WAR-L-316-12

Daryl L. Zaslow of Eichen Crutchlow Zaslow LLP (Edison, Red Bank and Toms River), obtained a $1,500,000 settlement on behalf of a 60-year-old man who died from metastatic lung cancer. At the time of his death on October 20, 2012, Plaintiff left surviving a widow and an adult son.

Plaintiff, decedent underwent a chest x-ray on March 30, 2010 for respiratory complaints. At that time he was 58 years old. The x-ray was interpreted by a radiologist as being normal. After experiencing abdominal pain, Plaintiff underwent a chest and abdominal CT on February 3, 2012. This CT revealed a mass in the middle lobe of his right lung as well as multiple masses in his liver, that were later determined to be malignancies.

Plaintiffs’ experts maintained that the defendant radiologist deviated from the accepted standards of care in failing to detect and report an approximately 8 mm mass that they opined was present on the March 30, 2010 chest x-ray. Plaintiffs’ experts in pulmonary care and oncology further maintained that had the mass been timely reported in March of 2010, Plaintiff would have had a resectable malignancy in his lung, as there was no evidence of metastatic disease at that time. Mr. Zaslow further argued that although they would never know for sure, since timely diagnosis was not made, had the malignancy been reported in March of 2010, Plaintiff would have most likely been diagnosed with staging as low as T1 which carries an 80% chance of cure. Unfortunately, the 23-month delay in diagnosing the cancer allowed the cancer to metastasize such that it caused Mr. Cole’s death.

The defendants’ experts maintained that the March 30, 2010 was entirely normal and there was absolutely no evidence of an aberrant mass or nodule. They further maintained that the Plaintiff died from metastatic liver cancer, not lung cancer and that the mass found in Plaintiff’s lung in February 2012, was a metastatic secondary lesion that originated in Plaintiff’s liver.

Although the complaint was filed in Warren County, the matter was transferred to Somerset County for trial purposes. With an imminent trial date scheduled, the settlement was reached following several settlement conferences before the Honorable Thomas C. Miller, P.J.Cv.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $1,500,000 settlement on behalf of the Estate of a 65-year-old woman who died from a delay in diagnosing and repairing a retroperitoneal hematoma sustained during a cardiac catheterization and percutaneous coronary intervention (PCI). At the time of her death on March 11, 2011, Plaintiff left surviving an adult son.

On 8 March 2011 Plaintiff was 65 years of age and had a history of hypertension and hyperlipidemia, was transferred to Morristown Memorial Hospital for cardiac catheterization and percutaneous coronary intervention (PCI) in the setting of an acute coronary syndrome reflected by chest discomfort at rest and ECG changes representing anterior wall myocardial ischemia. Defendant, an interventional cardiologist, performed PCI. Plaintiff’s experts maintained that Defendant departed from the standard of care by failing to appropriately recognize that Plaintiff was suffering from a large right retroperitoneal hematoma, by failing to institute appropriate medical therapy, by failing to perform (or a have an associate perform) a percutaneous catheter-based closure of the bleeding vascular site, and by failing to obtain timely surgery consultation when the condition of the Plaintiff worsened. As a result of these departures, Mr. Zaslow argued that his client steadily deteriorated, lapsed into shock with multi-organ system failure, suffered and unnecessarily died on 11 March 2011.

The Defendant maintained that hematoma was a risk of the procedure and the Defendant’s decision to wait for the bleed to tamponade was an exercise of medical judgment.

William O. Crutchlow of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey accomplished a $1,510,000 settlement on behalf of the Estate of a 25-year-old woman who died from metastatic cervical cancer. William O. Crutchlow of Eichen Crutchlow Zaslow, LLP was able to establish through experts in cytopathology that Pap smear specimens taken over the years before the client’s diagnosis were misread as being normal. Each showed evidence of cervical cancer. Our oncology experts established that timely diagnosis would have led to cure.

NEW JERSEY LAW JOURNAL
SUITS & DEALS – JULY 25, 2014

Barboni v. Dengrove: A couple allegedly injured by medications prescribed by their psychiatrist settled their Ocean County, N.J., medical malpractice suit for about $1.48 million on June 30.

In the 1990s, John Barboni began receiving treatment—for panic attacks connected to a previous work injury he’d sustained as a maintenance mechanic—from Robert Dengrove, M.D., of Toms River, N.J., who later began treating John’s wife Diane as well, said the plaintiffs’ lawyer, Barry Eichen of Eichen Crutchlow Zaslow, LLP in Edison, N.J.

The Barbonis claimed that Dengrove overmedicated John, leading to periods of memory loss, and prescribed Diane Treximet to treat migraine headaches despite her high blood pressure, leading to a stroke. They alleged that Dengrove also allowed them to share medications, Eichen said.

Diane, 63, is wheelchair bound and has speech and cognitive issues, while John, 65, continues to have memory and cognitive issues, Eichen said.

Dengrove contended that there was no evidence linking Diane’s stroke to the Treximet, according to Eichen.

The parties settled on the day of trial, during voir dire, said Eichen, who was assisted by Christian Mastondrea, also of Eichen Crutchlow.

Dengrove was covered by Princeton Insurance, Eichen said.

– By David Gialanella

NEW JERSEY LAW JOURNAL
SUITS & DEALS – MAY 18, 1998

Tur v. St. Peter’s Medical Center: The widower of an Old Bridge woman, who died from internal bleeding after a Cesarean section, received $1.45 million to settle his wrongful death claims against a hospital and three doctors.

The settlement, approved on March 30 by Middlesex County Superior Court Judge Douglas Hague, was confirmed by James Murray, the civil division manager in Middlesex County. On May 8, Mark Tur received $1 million from Princeton Insurance Co., the carrier for St. Peter’s Medical Center in New Brunswick and doctors Brad Cohen and Sanford White, according to the Plaintiff’s attorney from Eichen Crutchlow Zaslow LLP in Edison.

The remaining $450,000 was paid by the carrier for Dr. Marcia Katz, the remaining defendant. The name of the carrier was not made public. Both The Firm and Katz’s attorney, Jay MacNeill, a partner with Roseland’s Post, Polak, Goodsell & MacNeill, declined to comment, citing a confidentiality agreement.

Tur filed suit in Middlesex County Superior Court in June 1995 as the executor of the estate of his wife, Lorraine, who was 34 at the time of her death in June 1994.

Tur’s suit claimed that during the birth of their third child, his wife suffered from placenta accreta, a condition where the placenta adheres to the uterus. He alleged that Cohen, who performed the Cesarean, failed to properly stitch the location where the placenta attaches to the uterus, causing the patient to hemorrhage. Tur also claimed that the hysterectomy performed by Dr. White failed to stop the bleeding.

Then, while Tur was in intensive care, Dr. Katz allegedly failed to notice that she was taking in a great deal of fluid intravenously but excreting very little, The Firm says. Tur died a day after giving birth.

Richard Amdur, a partner with Amdur, Boyle & Maggs in Eatontown who represents St. Peter’s and Drs. Cohen and White, declines to comment on the case.

John Blumenstock, a partner with Ledy-Gurren & Blumenstock in Manhattan, was co-counsel to the plaintiffs.

By Cheryl Winokur

Reprinted with permission from the New Jersey Law Journal, May 18, 1998 by American Lawyer Media, L.P.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $1,350,000 settlement on behalf of a 77-year-old woman who lost vision in her left eye following a cataract extraction performed on July 18, 2012.

On July 18, 2012, Mr. Zaslow’s client presented for cataract extraction with intraocular lens implant of the left eye to be performed by the Defendant ophthalmologist. Before the operation began the anesthesiologist for the procedure, who was also a Defendant, noted that the patient was having problems with coughing prior to the start of the surgery. Although both Defendant physicians observed the patient coughing prior to the inception of the procedure neither considered the degree of coughing to pose a risk to the patient. As such, the surgery was initiated, and the Operative Report notes the patient was coughing and that she was “repeatedly” asked to clear her throat.

After the lens capsule was opened, the patient began to cough uncontrollably. A nasal choroidal hemorrhage developed, and the remainder of the operation was aborted without the placement of an intraocular lens. Following her eye surgery, the Plaintiff developed retinal complications which Mr. Zaslow and Plaintiff’s experts argued were caused from the Defendants’ decision to proceed with this elective surgery on a patient who was demonstrating periods of uncontrollable coughing and concomitant movement prior to the inception of the procedure. As a result, despite multiple procedures by retinal specialists she lost sight in her left eye.
Mr. Zaslow served experts reports from an ophthalmologist and an anesthesiologist who opined the defendant ophthalmologist and defendant anesthesiologist both had an independent duty to suspend this elective procedure well before it was started.

The defense and their experts maintained that although the patient did demonstrate some mild coughing prior to the start of surgery, she was able to stop coughing before the surgery was started, so proceeding with the surgery was appropriate. They further maintained that the patient first developed “uncontrollable” coughing only after the capsulorrhexis had been formed, and at that point the procedure could not be stopped without significant risk to the patient.

Daryl L. Zaslow of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $1,300,000,000 settlement on behalf of a 67-year-old woman who required a total colectomy with ileostomy as a result of an alleged failure to timely diagnose and treat a large bowel obstruction. The settlement was reached on December 21, 2018 during a settlement conference before the Honorable Craig L. Wellerson, J.S.C.

Mr. Zaslow’s client was 61 years old when she presented to the Emergency Department of Ocean Medical Center on August 23, 2013 complaining of constipation. She had a recent diagnosis of breast cancer and had underwent her first round of chemotherapy (Cytoxan/Taxotere) four days previously. The emergency physician noted that her bowel sounds were normal, and he ordered KUB study or plain abdominal x-rays which revealed a moderate amount of stool, no air fluid levels, and no evidence of mechanical obstruction. She was discharged home with a diagnosis of constipation and instructions to continue self-administer another Fleet Enema the following day if constipation continued.

The Plaintiff returned to the Ocean Medical Center Emergency Department via ambulance the next day, August 24, 2013, where she was seen by the Defendant an emergency medicine physician. At this time she was complaining of vomiting, abdominal pain and ongoing constipation. The pain was described as diffuse, constant, and moderate-severe. On physical examination, the abdomen was described as without distension. Bowel sounds were active and there was moderate tenderness to palpation was noted in all quadrants. The Defendant did not perform a rectal examination and his differential diagnosis included: “Bowel obstruction, irritable bowel syndrome, pancreatitis, and fecal impaction.” The emergency physician reviewed the KUB images from the day before, noting that there was no evidence of a mechanical bowel obstruction and he discharged the patient with instructions to follow up with her oncologist.

Mr. Zaslow and the Plaintiffs’ experts argued that the Defendant deviated from the accepted standard of care at the August 24, 2013 visit, which was her second in 24 hours, and which should have been a red flag to the Defendant. In this setting in which his differential diagnosis included bowel obstruction and fecal impaction Plaintiffs’ experts maintained that the Defendant was required under the standard of care to order a CT scan of the abdomen in order to exclude dangerous intra-abdominal pathology, including a bowel obstruction. Had this been performed on August 24, 2013, Plaintiffs maintained it would have revealed evidence of the colonic obstruction.

The patient returned by ambulance to the Emergency Department on August 26, 2013 complaining of vomiting, abdominal pain, constipation and weakness. On examination, she was described as “obviously ill” with mild abdominal distension and mild lower abdominal tenderness. A CT of the abdomen was ordered at this visit which was consistent with a large bowel obstruction. A surgical consultation was performed and confirmed the diagnosis of large bowel obstruction based on the CT scan and the Plaintiff underwent an emergency exploratory laparotomy. Findings at surgery included a complete large bowel obstruction due to a rectosigmoid stricture. The colon was described as “massively distended and dilated with venous engorgement as well as multiple serosal splits.” This required a total colectomy with ileostomy and Hartmann pouch of the rectum.

Mr. Zaslow and Plaintiffs’ experts maintained that had the Defendant ordered a CT of the abdomen when the Plaintiff returned to the emergency department on August 24, 2013, the results would have demonstrated a large bowel obstruction. This would have triggered a surgical consult before the colon was compromised. This would have led to a decompression of the colon before it was fully comprised, obviating the need for a total colectomy and permanent ileostomy. Had a CT scan been done at that time standard intervention could have been undertaken avoiding the extensive surgery she had and eliminating the need for a permanent colostomy and the prolonged post-operative course she sustained.

After several months of recuperation, Mr. Zaslow’s client returned to work. Although she is a candidate for reversal of the ileostomy, even if there was an attempt to close her ileostomy at this time, there would be risks of multiple complications including bleeding, infection, bowel or ureteral injuries, hernia formation, post-operative intestinal obstruction, and more. As such, at this time, she has no intention of undergoing a reversal of the ileostomy.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey was co-lead counsel on a case arising from the delay in the diagnosis of lung cancer which resolved for $1,200,000. Our client was in her early 50s when an abnormality in her lung was identified on a CT scan. We alleged that the radiologist who interpreted the CT scan failed to accurately assess the ominous nature of the lesion and failed to properly direct the patient’s treating doctors to timely follow up with additional imaging studies. It was further alleged that the defendant internal medicine doctors failed to appreciate the possibility that the abnormality was cancer based on the information that they did get, and failed to secure necessary follow-up evaluations to protect against this possibility. Years later their patient was finally diagnosed with lung cancer. Unfortunately, as a result of the delay in diagnosis, the cancer had progressed from a curable stage to an advanced, incurable stage.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison and Toms River, New Jersey recently settled a case arising from the Wrongful Death of a 50-year-old man for $1,200,000. Our client went to the Emergency Room at a local hospital with complaints of headache and dizziness. A CT scan of his head was interpreted by the defendant neuroradiologist as being normal. Unfortunately, the radiologist missed an aneurysm on one of the major blood vessels in the brain. The next day the aneurysm burst causing blood to enter the brain leading to a coma followed by death. Our case was based on the lost opportunity for curative surgery had the aneurysm been diagnosed and treated at the time of the initial Emergency Room visit. Mr. Crutchlow was able to establish through his expert neurologist that prompt diagnosis and surgery would have carried a good chance of recovery without major neurological limitations. This case was filed on behalf of the estate of our deceased client which represented his three children ranging in age from 15 to 22 at the time of his death.  Mr. Crutchlow engaged experts in Neuroradiology, Neurosurgery, Neurology and Economics in the prosecution of this case.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently successfully recovered a $1,200,000 settlement for the Estate of a woman who died due to a delay in diagnosis of kidney cancer. The woman was in her early 60s when a small nodule was accidentally found in her kidney during an ultrasound procedure performed to evaluate an unrelated condition. Her physicians failed to recommend and accomplish appropriate follow up evaluation of the lesion over a period of years. At the time of diagnosis years after the initial discovery of the nodule, the then much larger mass was confirmed to be advanced Stage 4 cancer that had metastasized to her lungs. Our client fought the cancer as hard as she could, but unfortunately passed away from the disease.

Daryl L. Zaslow, Esq. of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River) obtained a $1,200,000 settlement on behalf of an 11-year-old boy who was diagnosed with periventricular leukomalacia (“PVL”) at 5 years of age. A portion of the settlement is being used to purchase an annuity which will make the total value of the settlement $1,834,401.70. The settlement was reached during a settlement conference before the Honorable James Den Uyl, J.S.C., who approved the settlement at a friendly hearing conducted before His Honor on March 11, 2016.

On January 25, 2005, the Plaintiff’s mother was 32 years old when she presented to her obstetrical group for her first prenatal visit. At such time, she reported that she was uncertain whether her last menstrual period (“LMP”) was November 11, 2004 or November 16, 2004. Thereafter, the pregnant patient underwent three prenatal ultrasound examinations all of which were interpreted by her obstetrician the Defendant. Mr. Zaslow retained experts who opined the three ultrasounds supported a final estimated due date of August 25, 2005. The experts further opined that the Defendant deviated from the accepted standards of obstetrical care by erroneously determining the estimated due date to be on August 16, 2005 based on the uncertain LMP of November 11, 2005. According to Mr. Zaslow and his experts, because there was a 9-day difference between the estimated due date by LMP and the estimated due date by ultrasound, the ultrasound-derived estimated due date of August 25, 2005 should have been considered the correct due date.

The Defendant obstetrician induced labor on August 1, 2005. The medical records he prepared at such time indicated that the mother was 38 weeks pregnant and that the obstetrician induced labor was because the mother had severe complaints of Gastroesophageal reflux disease (“GERD”). Mr. Zaslow maintained that in reality, his client was only 36+4/7 weeks pregnant on August 1, 2005 based on her first trimester ultrasound, clinical history and the remaining two ultrasound examinations. By miscalculating the estimated date of delivery and inducing the delivery on August 1, 2005, the plaintiff’s experts opined that the defendant caused an iatrogenic preterm birth that increased the risk of the baby having short- and long-term morbidity including but not limited to respiratory problems after birth and long-term neuro-developmental problems.

Although the baby appeared healthy at birth, with excellent Apgars of 9/9/9, shortly after birth he developed respiratory distress. The child was slow to meet his developmental and neurological milestones during the first several years of life and several of his treating physicians and the child study team at school system believed he was autistic. When Mr. Zaslow’s client was 5, however, he underwent an MRI which was interpreted to show Periventricular leukomalacia or PVL. PVL is a type of brain damage that involves the periventricular white matter of the brain. Damage to the white matter results in the death and decay of injured cells, leaving empty areas in the brain called lateral ventricles, which fill with fluid (a condition called leukomalacia). Following the MRI, one of his treating physicians attributed his developmental delays in the area speech to be from the PVL.

Although PVL is usually associated with premature babies born prior to 34 weeks gestation, Mr. Zaslow and the experts he retained maintained that his client’s PVL and developmental delays in the area of speech were caused by his iatrogenic premature birth.

The Defense argued that the Defendant correctly determined the due date and that the birth was not premature. The Defense had several experts who opined there was no PVL and any problems the child had were caused by autism and had nothing to do with when he was delivered.

The Defendant Obstetrician settled for one million dollars, the amount of his insurance policy. Plaintiffs alleged the obstetrical office staff should have made the fact the mother was not certain what her LMP was more apparent in the medical records and/or otherwise ensured this fact was brought to the attention of obstetrician. As such, they contributed $200,000 to the settlement.

Attorney Barry Eichen obtained a settlement in medical malpractice case resulting in the death of the plaintiff, Tejan Iyer. The plaintiff, Tejan Iyer, was seen by his primary care doctor in June of 2008 with jaundice and signs & symptoms of alcohol induced hepatitis. His primary care physician sent him to a local gastroenterologist who diagnosed him with alcohol induced hepatitis and sent him to Robert Wood Johnson University Hospital for a workup. Upon admission to Robert Wood, the records revealed an extensive history of alcohol abuse and consumption. The attending gastroenterologist requested that a liver biopsy be performed to confirm the diagnosis and rule out a number of other conditions. The plaintiff’s initial blood work showed a substantial coagulopathy as his INRs were 3.27. As such, the biopsy was delayed as fresh frozen plasma was used to lower the INR to 1.66. Defendant Dr. Hazar Michael recommended the biopsy and suggested it to be performed via the trans-jugular route due to the high risk of bleeding. Ultimately, defendant Dr. Randall Siegle, an interventional radiologist, was called in to perform the biopsy. Instead of using the recommended trans-jugular approach, Dr. Siegle used a standard percutaneous approach. The plaintiff was released from the hospital the next day. He returned within 24 hours and was found to be suffering from bleeding from the biopsy site. The bleeding was unable to be controlled in light of the high INR’s and the plaintiff died.

Plaintiff asserted that defendant Dr. Hazar Michael deviated by ordering the biopsy in light of the clear nature of the diagnosis and the risk of bleeding. Plaintiff also alleged Dr. Siegle deviated by failing to use the trans-jugular approach which increased the risk of an uncontrolled bleeding as a percutaneous biopsy requires the piercing of the liver sac. Plaintiff’s counsel further argued that Mr. Iyer would have been placed on the liver transplant list and he would have been a good candidate with a substantial chance of survival to a normal life expectancy.

Essex County: In this medical malpractice action, handled by Barry R. Eichen, Esq., the plaintiff, 52 at the time of the recovery, who had undergone surgery to replace a leaking mitral valve, contended that the defendant internist negligently failed to properly monitor the plaintiff’s Coumadin levels. The plaintiff as a result suffered a stroke approximately 3 months after the surgery. The plaintiff also named the cardiologist who performed the surgery and who saw the patient several times in the approximate four-month period between the surgery and the stroke. The plaintiff had contended that the cardiologist should also be liable for the failure to properly monitor the Coumadin levels and there was no contention that the valve replacement surgery was performed in a negligent manner.

The surgery was performed on 2-28-00. The plaintiff then commenced a course of the blood thinner Coumadin, which was monitored by the defendant internist, who was the plaintiff’s primary care physician. The plaintiff’s expert internist contended that until the physician can determine the sensitivity the patient has to Coumadin, the physician should monitor the levels twice per week. The expert related that when it has become apparent that the therapeutic levels are sustained, the monitoring can be less frequent. The plaintiff’s expert further related that the levels are measured in terms of International Normalized Ratio (INR) and should be between 3 and 4 on such a scale. The plaintiff maintained that although the defendant internist monitored the plaintiff in a timely fashion during the first several week period, he negligently failed to continue to monitor the plaintiff at sufficient intervals between this period and the time of the stroke in June. The plaintiff contended that in March, the INR levels were between 9 and 10 and that the adjustments in the dosage resulted in a drop to a level below 2. The plaintiff maintained that despite such difficulties in obtaining the proper levels, the defendant internist continued to see the patient intermittently. The plaintiff also maintained that the cardiologist should have monitored the levels when he saw the patient approximately every other month. The defendant cardiologist maintained that he could validly rely upon the internist, who was the plaintiff’s primary care physician, to properly monitor the patient.

The evidence disclosed that in June, the plaintiff saw the cardiologist with signs and symptoms of atrial fibrillation and the cardiologist planned on treating this condition through electrical cardioversion using a defibrillator. In preparation for this treatment, the cardiologist performed a transesophageal echocardiogram and noticed signs of a blood clot. The cardiologist delayed the cardioversion, ordered that the dosage of Coumadin be elevated, but the plaintiff suffered the stroke the following day.

The defendant internist denied that the stroke was related to the Coumadin levels. The defendant maintained that the irregular heartbeat associated with the atrial fibrillation itself probably caused the clot. The plaintiff would have countered that any danger of the atrial fibrillation producing a clot rendered the need for proper monitoring of the blood thinner all the more crucial.

William Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP, with offices in Edison, Toms River and Red Bank, New Jersey, recently secured a jury verdict for a man in his late fifties who suffered a bowel injury during a laparoscopic gall bladder removal surgery. The injury was not recognized at the time of surgery which permitted bacteria laden intestinal content to leak into the patient’s abdominal cavity. Massive infection followed causing the patient to undergo major, emergency surgery, to remain in the hospital for over a month, to be on a respirator for several weeks, to develop lung failure and ARDS, to suffer from critically low blood pressures and oxygen levels in his blood and, ultimately, to develop brain damage. Our client was left with permanent damage to the muscles in his abdominal wall, recurrent incisional abdominal hernias, short term memory deficits and cognitive deficits. He has been disabled and unable to work since his injuries occurred. This case was tried to a jury in Middlesex County in January and early February 2016. Stewart v Swaminathan, MID-L-8948-11.

Barry R. Eichen and William Crutchlow of Eichen Crutchlow Zaslow, LLP obtained a one million dollar settlement for this client as a result of orthopedic medical malpractice. This case involved a lumbar fusion with one plate and six screws. The defendant orthopedic surgeon, while inserting screws into Plaintiff’s back, did not use fluoroscopy, an x-ray technique, and was therefore unable to properly locate the appropriate position of where to place the surgical screws. As a result, Defendant orthopedist struck one of Plaintiff’s exiting nerve roots and caused Plaintiff to have a partial ­­­foot drop. This case settled after deposition of Defense Expert in the amount of $1,000,000. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).

Harris v. Frankel, et al.

BER-L-3120-15

After more than 3 weeks of trial Daryl L. Zaslow, Esq. of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River) obtained a $1,000,000 settlement on behalf the Estate of a 45-year-old man who died from a pulmonary embolism 7 days after undergoing a bariatric surgery. Mr. Zaslow was assisted at trial by Thomas Rinaldi, Esq. of his firm. The settlement was reached for the Defendant’s policy limits as the jury was deliberating in a case tried in Bergen County before the Honorable John D. O’Dwyer, J.S.C.

Willie Harris was 45 years old when he presented to Holy Name Medical Center on April 3, 2013 for the laparoscopic repair of his lap-band and for the repair of a hernia, which was caused by the lap-band slipping. The lap-band was originally placed in 2004. Although the surgery was successful, 3 days later, as Mr. Harris was getting ready to be discharged, he developed atrial fibrillation and subsequent tests including a venous Doppler scan and CT Angiogram confirmed he had sustained a deep vein thrombosis and pulmonary emboli. Defendant Dr. Zev Frankel was a cardiologist brought in to help treat the deep vein thrombosis and pulmonary emboli. The Defendant treated Mr. Harris with therapeutic anticoagulation in the form a Xarelto. Despite this treatment, Mr. Harris died from a massive pulmonary embolism on April 10, 2013 as he was attempting to leave the hospital.

Mr. Zaslow argued that that the Defendant deviated from the accepted standards of care by choosing not to call in a vascular surgeon to implant an inferior vena cava filter (“IVC filter”). An IVC filter is a small cone shaped device that is placed in the inferior vena cava, the largest vein in the human body, and is designed to act as a safety net by preventing large clots that break apart from a deep vein thrombosis from reaching the heart and lungs. Mr. Zaslow and the plaintiff’s experts also maintained that an IVC filter was required as the deep vein thrombosis Mr. Harris had was “free floating” and because his lungs were already vulnerable from the prior pulmonary emboli he sustained.

The Defendant’s experts maintained that the Defendant’s decision not to order an IVC filter was consistent with the controlling National CHEST Guidelines and the standard of care. They further maintained that using an IVC filter in this setting would have been a departure from the accepted standards of care and violated the controlling national standards and guidelines used by virtually every hospital in the country.

At the time of his death, Mr. Harris left surviving a 50-year-old wife and 2 sons, ages 16 and 13.  Mr. Harris had been employed by New Jersey Transit and Plaintiff’s economic damages were between $974,000-1.6 million.

The Defendant was insured by Conventus Inter-Insurance Exchange under a policy with $1 million limits. Mr. Zaslow demanded the $1 million insurance policy limits of the Defendant, which were finally tendered at summations.

Dr. Frankel was represented at trial by Sean Buckley, Esq. of Buckley Theroux Kline & Petraske, LLC of Princeton.

After a jury was empaneled before the Honorable Anthony Pugliese, J.S.C. Daryl L. Zaslow, of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a settlement for the Defendant Obstetrician’s $1,000,000 policy limits on behalf of 11 year old girl with a permanent brachial plexus injury she sustained during her birth. A portion of the settlement is being used to purchase an annuity which will result in total payments to the child of $824,800.72. Judge Pugliese formally approved of the settlement and the allocation of the settlement at a Friendly Hearing conducted before His Honor on May 23, 2016.

Ildeanis Martinez was born on May 4, 2004 at Our Lady Lourdes Medical Center and the delivery was performed by the defendant obstetrician. The medical records prepared by the delivering physician indicated that there was a “terminal bradycardia” or a significant drop in the baby’s heart rate during the very end of the labor process and that the physician chose to use a vacuum to extract or deliver the baby, ostensibly in an effort to avoid asphyxia and brain damage. The baby needed to be resuscitated and was acidotic at birth, and she had Apgar scores of 2 at 1 minute, 2 at 5 minutes and 5 at 10 minutes. The infant Plaintiff was also not moving her right arm at birth.

Notably, neither the medical records prepared by the obstetrician or the nurses recorded that this delivery was complicated by shoulder dystocia. Additionally, during his deposition, the defendant insisted that the delivery was not complicated by shoulder dystocia. Mr. Zaslow and his experts maintained, however, that the delivering physician failed to recognize or record that the delivery was complicated by shoulder dystocia. In support of this argument, Mr. Zaslow pointed to the fact that 2 maneuvers typically used by obstetricians to resolve a shoulder dystocia were used during the delivery.

Shoulder dystocia is an obstetrical emergency which occurs when a baby’s shoulder gets trapped behind the mother’s pubic bone during delivery. In these circumstances the physician is required to use certain maneuvers to free the stuck shoulder without causing injury. To prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, the standard of care requires that the delivering physician not exert excessive force on the baby’s head in attempting to deliver the baby.

In this delivery, Mr. Zaslow argued that the defendant applied too much traction or pulling on the baby’s head as he attempted to free the shoulder, resulting in a permanent brachial plexus injury, and limited function of the shoulder, arm and hand known as Erb’s Palsy. The child had nerve surgery at 4 months of age and still has residual loss of motion and weakness in her right arm.

William O. Crutchlow of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank recently accomplished a settlement for a 55 year old man who suffered a stroke due to a failure to diagnose. The case arose from the failure of a doctor at an emergency room to recognize the signs of the progressing stroke, failing to consult with a neurologist and failing to treat the patient with clot busting medication, TPA. The man went on to develop brain damage which impacted his cognitive functioning and the use of his right arm and leg. The case settled on the second day of trial in Hudson County, New Jersey.

After 3 weeks of trial before the Honorable Darlene J. Pereksta, Mercer County, Daryl L. Zaslow, of Eichen Crutchlow Zaslow, LLP (Edison, Red Bank and Toms River), obtained a $1,000,000 settlement on behalf of the Estate of a 2-year-old boy who died of pneumococcal meningitis.

Vaughn Lujan was 2 years old when his father took him to see one of his pediatricians, Priya Stephen, MD on April 8, 2008. At that time, Plaintiffs maintain Vaughn’ symptoms included several days of fever between 103-104, vomiting and decreased activity. Plaintiffs also maintained that Vaughn was extraordinarily tired and could hardly keep his eyes open during the examination performed by Dr. Stephen. Dr. Stephen contended that Vaughn was fully immunized and although Vaughn was tired, he was otherwise alert and appropriate during her examination. Dr. Stephen diagnosed Vaughn as having a viral syndrome. Although Mr. Lujan maintained Dr. Stephen instructed him to bring Vaughn back in 48 hours if he still had a fever or had not improved, Dr. Stephen insisted she also instructed Mr. Lujan to bring Vaughn back in sooner if he got worse.

On April 9, 2008, Vaughn was more tired and less active. That evening Mr. Lujan spoke to Vaughn’s regular pediatrician, Dr. Sean Pierson. The content of this telephone conversation was vociferously disputed. Dr. Pierson maintained he instructed Mr. Lujan of warning signs that if present necessitated that Vaughn receive immediate medical care. Mr. Lujan did not recall any such instructions being given.

When Vaughn was seen by a different pediatrician on April 10, 2008 that pediatrician immediately suspected Vaughn had bacterial meningitis. That diagnosis was confirmed when Vaughn was admitted to Robert Wood Johnson University Hospital. Tragically by the time Vaughn arrived at the hospital he was completely unresponsive. Vaughn suffered a stroke on April 17 and died on April 19, 2008.

Plaintiffs alleged that on April 8, 2008, Defendant Stephen deviated from the accepted standards of care in failing to order follow-up care and by failing to properly communicate medical instructions for follow-up care to Plaintiffs. Plaintiffs further contended that Defendant Pierson deviated from the accepted standards of care in failing to advise Plaintiffs to seek immediate medical attention for their son when Dr. Pierson spoke to Mr. Lujan on April 9, 2008. The Defendants denied all allegations of negligence and claimed Vaughn’s death was due to his developing a virulent strain of pneumococcal meningitis after Vaughn was seen by Defendant Stephen.

SUITS & DEALS
NEW JERSEY LAW JOURNAL

Molnar v. Argila: A Middlesex County jury awarded $1 million on November 17, 1999 to Jolan Molnar, a Woodbridge woman who alleged that her leg had to be amputated because three doctors failed to provide timely treatment. The jury attributed 39 percent of the injury to a previous condition, which means the plaintiff will receive $610,000, plus about $85,000 in prejudgment interest, both lawyers in the case say.

Molnar was 61 years old on Dec. 12, 1994, when she underwent colon obstruction surgery at John F. Kennedy Medical Center in Edison, New Jersey. The operation was a success, but five days later she complained of numbness in her left foot.

Her lawyer, from Eichen Crutchlow Zaslow, LLP, presented evidence that the cause of the numbness was an arterial blockage that could have been diagnosed and treated quickly if an angiogram had been performed sooner or a specialist had been called in earlier than Dec. 27. Four days later, Molnar’s leg was amputated below the knee.

Defense attorney John North, a partner with Woodbridge’s Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, argued that even if the test result and the specialist had been available earlier, the result would have been the same because it wasn’t an arterial blockage that caused the leg problem. The defense presented evidence that Molnar suffered from cholesterol buildup in the small vessels, which would have worsened no matter what the defendants did.

North says he may appeal on grounds that the verdict went against the weight of the evidence. One of the defense experts was Dr. John Edora, a vascular surgeon who performed the appendectomy on Gov. Christine Todd Whitman the same week as the trial.

The plaintiff demanded a $1.5 million settlement before the trial, but North and The Firm say the defendants, covered by Medical Inter-Insurance Exchange, offered nothing.

Drs. Charles Argila and Gary Brenbart were each assessed 24 percent of the blame and Dr. David Richmond was assessed 13 percent, for a total of 61 percent.

By Henry Gottlieb

Reprinted with permission from the New Jersey Law Journal by American Lawyer Media, L.P.

SUITS & DEALS – February 28, 2000

McGann v. Wold: A Red Bank radiologist’s insurer agreed on Feb. 17 to pay $1 million to settle a claim that he misread a mammogram, causing a delay in a patient’s cancer diagnosis, the plaintiff’s counsel says.

His attorney says the evidence showed that the early stages of cancer were detectable on a mammogram taken of his client, Eileen McGann, in February 1994, but the disease wasn’t diagnosed until a lump was found in November 1995.

She then underwent surgery and chemical and radiation therapy, but surgery alone would have cured her had it been performed earlier, and the chance of a recurrence is now greater, his attorney says.

Defense lawyer Thomas Leyhane, staff counsel for Medical Inter-Insurance Exchange of Lawrenceville, did not return phone calls last week, but his attorney says the defense had prepared evidence that no warning of cancer appeared on the mammogram read by the defendant, Robert Wold, of Red Bank Radiology.

His attorney says that he asked for $1 million at the outset and rejected offers of $250,00 and $900,00.

The matter was settled at the opening of a trial before Monmouth County Superior Court Judge Paul Chaiet.

Reprinted with permission from the New Jersey Law Journal, February 28, 2000 by American Lawyer Media, L.P.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison and Toms River, New Jersey recently settled a Wrongful Death case arising from a perforated bowel that occurred during surgery for $950,000. Our client was a woman in her fifties when she underwent surgery to remove her gall bladder. The surgeon caused a hole in her bowel which went undetected at surgery and for several days thereafter. By the time the problem was diagnosed, bowel content leaking into the abdominal cavity had caused massive infection. Our client underwent several more surgeries, including the placement of a colostomy, and endured many months of wound care and antibiotic therapy in her effort to cure her condition. Unfortunately, these efforts were not successful, and she died from her injuries. Mr. Crutchlow worked on behalf of the woman’s estate which represented her husband and two teenage sons. Mr. Crutchlow worked with experts in General Surgery and Economics in the prosecution of this case.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently settled a Wrongful Birth case for the family of a girl suffering from genetic abnormalities. The case resolved for $950,000. Our clients sought the services of the defendant obstetrician to manage their pregnancy. The defendant failed to order proper, comprehensive pre-natal genetic testing and failed to refer his patient for necessary genetic counseling when presented with abnormalities on a pre-natal ultrasound. As a result, our clients were deprived of critically important information that would have fully informed their decisions on how to manage the pregnancy. The child suffers from permanent neurological and physical limitations which have caused her parents profound emotional distress and which will require medical care for life.

Daryl L. Zaslow obtained a $950,000 recovery on behalf of young girl with a permanent brachial plexus injury she sustained during her birth which was complicated by shoulder dystocia. “Shoulder dystocia” occurs when a baby’s shoulder gets trapped behind the mother’s pubic bone during delivery. In these circumstances the physician is required to use certain maneuvers to free the stuck shoulder without causing injury. To prevent injury to the brachial plexus nerves running from the neck through the shoulder/arm, the standard of care requires that the delivering physician not exert excessive force in attempts to deliver the child. In this delivery, Mr. Zaslow argued the obstetrician applied too much traction or pulling during delivery, and failed to utilize accepted maneuvers to deliver the child, resulting in a permanent brachial plexus injury, manifested by physical deformity, and, limited function of the shoulder, arm and hand (Erb’s and/or Klumpke’s Palsy). Although the injured child has a permanently injured arm, a tendon transfer surgery was successful in limiting the extent of the injury.

NEW JERSEY LAW JOURNAL
SUITS & DEALS – DECEMBER 7, 1999

Goodman v. Community Medical Center: A Tom’s River hospital has agreed to pay $900,000 to the estate of a man whose skull was fractured by his hospital roommate the day he was to be released following hip replacement surgery.

The settlement was reached Dec. 7 midway through a jury trial before Ocean County Superior Court Judge Edward Oles.

According to plaintiff’s lawyer, an attorney with Eichen Crutchlow Zaslow, LLP, Bill Goodman was scheduled to be released from Community Medical Center on Sept. 5, 1995. But an emergency room patient admitted on that date, Wallace Miller, was placed in Goodman’s room, where he attacked Goodman at about 4:30 a.m. Miller, in a delusional state, picked up a traction bar and crushed Goodman’s skull, causing brain damage and his death in April 1997 at age 72, say his attorney.

The hospital and the doctor in charge of the emergency room, Medhat El-Kharbouty, were named defendants. His attorney says Miller’s psychiatric condition was improperly treated and he was placed in Goodman’s room without medical detoxification or increased security.

The defense argued that the attack wasn’t foreseeable, according to his attorney. Princeton Insurance Co. was the carrier for all of the defendant. Richard Grossman, partner with Brick, Grossman, Krutschnitt, Heavey & Jacob who represented the hospital, was out of the office and unavailable for comment Thursday. Martin McGreevy, a partner with Carton, Witt, Arvanitis & Bariscillo in Asbury Park who represented El-Kharbouty, did not return a telephone message left seeking comment. Joseph DiCroce, a partner with Fitzgerald, DiCroce, Maggs & McDermott in Brielle who represented Psychiatric Emergency Screening Services, did not return a telephone message left seeking comment.

By Padriac Cassidy

Reprinted with permission from the New Jersey Law Journal, Dec. 7, 1999 by American Lawyer Media, L.P.

William O. Crutchlow, Esq. of Eichen Crutchlow Zaslow, LLP with offices in Edison, Toms River and Red Bank, New Jersey recently settled a case for a woman in her thirties who was injured when a portion of her gall bladder was left behind during attempted gall bladder removal surgery. The error was not recognized at the time of surgery and went undiagnosed for several days. By the time the problem was identified, the retained portion of the gall bladder was necrotic, bile and digestive fluids had leaked into the abdomen and widespread infection had set in. Our client became severely ill, was transferred to the care of new doctors at a different hospital for corrective surgery, was placed on a ventilator and was in intensive care for several days. She recovered, but has been left with significant scarring, abdominal wall damage and intestinal dysfunction.

Jackson v. Haddad: A Bergen County judge approved a $900,000 settlement on Oct. 20 in a suit alleging that an obstetrician’s negligence caused a baby to be born with Erb’s palsy.

Tycey and Darren Jackson claimed that Dr. Charles Haddad allegedly used too much traction to dislodge their daughter Autumn’s shoulder during her birth at Valley Hospital in Ridgewood on May 9, 2006. The shoulder had become stuck behind the mother’s pubic bone, a condition known as shoulder dystocia.

As a result of excessive force, the girl was born with Erb’s palsy, a permanent paralyzing injury to the brachial plexus that limits use of her left shoulder, arm and hand, says the plaintiffs’ lawyer, Daryl Zaslow of Eichen Crutchlow Zaslow in Edison. Autumn might need surgery as she grows, he adds.

The settlement was reached on Sept. 20 and Superior Court Judge Robert Polifroni approved it after a friendly hearing. Part of the money will buy two annuities and about $104,000 will be held by the court until Autumn is 18, to pay for uncovered medical costs, Zaslow says. Click here to read more about the case.

William Crutchlow of Eichen Crutchlow Zaslow with offices in Edison, Red Bank and Toms River, New Jersey settled a case arising from bilateral vocal cord paralysis that developed following an airway emergency encountered during cervical spine surgery. Our client was a man in his late 40’s who agreed to undergo surgery on his cervical spine to address disc herniations and related disease. Shortly after the start of the operation, the endotracheal tube used in the administration of anesthesia unexpectedly became dislodged. The anesthesiologist was unable to get the tube reinserted and, after numerous unsuccessful and traumatic attempts at reintubation, was forced to declare an airway emergency. A tracheostomy (breathing tube at the vase of the throat) was created to allow the patient to breath. Subsequent efforts to close and reverse the tracheostomy were unsuccessful as the patient was not able to breath sufficiently without the apparatus in place. It was determined that the vocal cords had been permanently injured and were paralyzed which obstructed the ability to breath. We asserted that the cause of these injuries was the negligent failure of the anesthesiologist to maintain the patient’s airway during surgery and the trauma of the many attempts at reinserting the endotracheal tube and the tracheostomy procedure. The tracheostomy is likely permanent. This case settled for $875,000 shortly before trial. Further details of this settlement are controlled by a Confidentiality Agreement.

Plaintiff was an avid tennis player in his mid-60’s who suffered a torn labrum in his shoulder. Plaintiff required an x-ray prior to surgical repair which revealed a tumor in his right upper lobe. Upon request of plaintiff’s physician for prior films, defendant advised that prior films were either given to plaintiff or misplaced. Defendant also claimed that based on the report of the prior missing films, there was no lung mass present. Barry R. Eichensettled this case with defendant doctor prior to trial for $850,000.

Daryl L. Zaslow obtained an $850,000 settlement on behalf of the Estate of 63 year old man who died from anesthesiology events following cardiac surgery. The decedent had a history of cardiac failure and diabetes and had been on disability since he was 51 years old. In 2003, the decedent underwent a procedure to remove infected defibrillator wires. There were complications incurred pre-operatively in attempting to intubate the patient due to rotund and thick airway. At the end of the surgery, a pulmonologist was called to perform a consultation due to concerns about the patient’s post-operative airway. Ultimately the anesthesiologist and pulmonologist extubated the patient, he went into respiratory and then cardiac arrest and died. The defense experts opined that the decedent died as a result of cardiac failure unrelated to the anesthesiology complications and extubation. Mr. Zaslow’s theory was that the Plaintiff sustained an upper airway obstruction due to traumatic attempts at intubation and premature extubation by the defendants. As a result, the decedent sustained respiratory failure which caused his cardiac arrest and death. Mr. Zaslow retained experts in the fields of anesthesiology, pulmonology, cardiology and internal medicine who supported this theory.

Plaintiff’s attorney, Barry R. Eichen, of Eichen Crutchlow Zaslow was able to settle this case at mediation, 3 months prior to the case being listed for trial.

Plaintiff was an electrical engineer with a medical diagnosis of diabetes and a preexisting history of foot deformity. Although surgery was necessary, Plaintiff alleged Defendant-Podiatrist failed to recognize the beginning of an infectious process and further failed to prescribe antibiotics in a timely fashion.

Attorney Barry Eichen secured a settlement with defendant doctor for failure to properly diagnose appendicitis of infant plaintiff. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).

NEW JERSEY LAW JOURNAL
SUITS & DEALS – January 17, 2000

Ferguson v. An Unnamed Hospital and Two Unnamed Nurses: A Middlesex County judge approved a $750,000 settlement on January 3 in a suit alleging that negligence by a Middlesex County hospital and two nurses led to an Edison woman’s brain damage.

Jeanette Ferguson, now 63, was having symptoms of a heart attack when she went to the hospital’s emergency room on Jan. 11, 1995, according to her attorney, Barry Eichen.. Eichen says the nurses failed to monitor his client’s condition and respond in a timely manner, causing permanent brain damage and a loss of short-term memory.

The parties had reached a settlement on Dec. 13 after opening statements in front of Judge Douglas Hague, according to Eichen. The nurses and the hospital were not named because of a confidentiality agreement.

Both nurses had more than 10 years of experience and should not have left Ferguson unmonitored, says Eichen.

The defendants asserted that Ferguson’s brain damage was caused by the heart attack, which was brought on by a previous condition that damaged the heart about seven years earlier, Eichen says. The defense also argued that Ferguson had previously undergone coronary artery bypass surgery, smoked three packs of cigarettes a day and had not seen a doctor for seven years before the hospitalization on Jan. 11, 1995, according to Eichen.

While acknowledging that Ferguson was a smoker, Eichen says that habit did not detract from the medical providers’ alleged negligence.

Just because she smoked three packs a day doesn’t mean that she should not have been monitored, Eichen says.

Ferguson says his client may have been left unmonitored for up to five minutes, while the defense argued that she was unmonitored for no more than a minute.

The hospital was represented by Donald Ottaunick, a partner at Hackensack’s Cole, Schotz, Meisel, Forman & Leonard. The nurses were represented by Daniel Hurley, a partner with Short Hills’ Hurley & Vasios, and Louis Dughi, a partner with Cranford’s Dughi & Hewit. None of the defense lawyers returned telephone calls seeking comment on the settlement.

By: Sandy Lovell

NEW JERSEY LAW JOURNAL
SUITS & DEALS – MARCH 11, 1996

Feigel v. Murphy et. al.: A Monmouth County jury awarded $750,000 Tuesday to a Tinton Falls woman who claimed that she was injured after a hip-replacement surgery at Riverview Medical Center in Red Bank.

Sybil Fiegel, now 54, sued the doctor who performed her surgery on Nov. 7, 1990, Bernard Murphy, and his medical group, Orthopedic Consultants Inc. of Middletown. The suit alleged that a post-operative splint placed around her left knee caused a condition called “drop foot,” according to Feigel’s attorney. The condition prevents Feigel from lifting her foot, according to her attorney, who says that she wears a leg brace so she can walk.

Feigel claimed that Murphy placed the splint so tightly that the peroneal nerve, which allows the foot to move, was damaged.

The jury reached its verdict on the sixth day of trial before Monmouth County Superior Court Judge John D’Amico Jr., whose law clerk confirmed the amount of the verdict. According to her attorney, interest brings the total to $861,000 for Feigel’s pain and suffering.

Murphy’s attorney, Richard Grossman, a partner with Grossman & Krutschnit in Brick Township, did not return a telephone message left at his office.

By: Deseree Graham

NEW JERSEY LAW JOURNAL
SUITS & DEALS – MAY 4, 1998

“Jane Doe” v. St. Peter’s Medical Center: “Jane Doe” was injured in November 1984 after Stephanie Duke, a second-year resident in obstetrics at St. Peter’s Medical Center in New Brunswick, applied excessive force to her head during delivery, according to the plaintiffs’ attorney. The force caused permanent damage to her right arm, which had been stuck, he adds.

Under the settlement, approved by Superior Court Judge Douglas Hague on March 16, “Jane Doe” will receive payments of $951 a month for the rest of her life, with payments guaranteed for a minimum of 40 years in the event of her death. The payments will increase by 3 percent a year, for a guaranteed total of $1.34 million according to her attorney.

“Jane Doe” will also receive guaranteed payments of $30,000 a year from 2002 to 2005, and $35,000 a year from 2006 to 2008.

The settlement also provides for $8,824 in Social Security disability benefits; $172,500 for legal fees and costs; and $68,675 for “Jane Doe’s” mother to care for her daughter.

The payments will be made by the Health Care Insurance Co. of Princeton, the carrier for the hospital and Duke.

Richard Amdur, who represents Duke and the hospital, says his clients deny liability. “We were concerned about the potential exposure because of the child’s condition. But I still felt the case was winnable,” says Amdur, a partner with Amdur, Boyle & Maggs in Eatontown.

By: Cheryl Winokur

Suicidal patient admitted to Marlboro State Psychiatric Facility. He was evaluated and the doctor placed him on a category of surveillance known as ‘eye contact’. This surveillance category required that the patient be evaluated on a minute to minute basis until he was cleared and released from suicide watch. During this surveillance period, the two nurses took a 40-minute break and came back only to find the patient had hung himself by his own belt, resulting in his death. That case was settled by attorney, Barry Eichen, for $640,000.00 which includes waiver of any and all Medicare/Medicaid liens.

Daryl L. Zaslow represented a teenage boy who went into congestive heart failure and ductal shock when he was just 9 days old. It was later learned that the heart failure was a result of Hypoplastic Left Heart Syndrome which went undiagnosed in utero during his mother’s prenatal care. Hypoplastic left heart syndrome occurs when parts of the left side of the heart (mitral valve, left ventricle aortic valve, and aorta) do not develop completely. Mr. Zaslow argued that the radiologist and technician who were involved in the interpretation and performance of the mother’s prenatal ultrasound at 18 weeks gestation failed to appreciate and report an abnormal four chamber view of the fetal heart.

Mr. Zaslow retained experts who opined that the failure of the radiologist to report an abnormal fetal heart contributed to the long term cardiac and renal problems the boy suffers today. According to the Plaintiff’s experts, had the prenatal diagnosis of a Hypoplastic Left Heart Syndrome been made, the baby would have been given timely interventions including the administration of Prostaglandin to maintain circulation and this would have resulted into a better prognosis.

Although the specific monetary terms of the settlement are subject to a confidentiality agreement, Mr. Zaslow was able to get separate insurance coverage for the radiologist, the ultrasonographer and the radiology group and that the amount of the settlement was for their maximum insurance coverage in the case.