$2.25 Million Settlement Reached for Premature Discharge and Missed Bowel Perforation

A Passaic County medical malpractice suit filed by a 54-year-old Totowa man and his wife, Dominianni v. Warta, M.D., after an elective hernia repair, resulted in a $2.25 million settlement with the surgeon for claims of premature discharge from the emergency department and bowel perforation.

An agreement was reached in February, and a stipulation of dismissal was filed with the court in April.

The plaintiff, Vincent Dominianni, had an elective hernia repair on Jan. 8, 2019. The following day, Dominianni returned to the hospital complaining of constipation, pain and a bloated abdomen. Dr. Melissa Warta, the surgeon who performed the hernia repair procedure, evaluated Dominianni in the emergency department and ordered an abdominal CT scan and prescribed pain medications. Warta attributed the CT imaging, which showed abnormalities, to “normal post-operative findings,” according to the plaintiffs’ counsel, Bruce Nagel and Susan Connors of Nagel Rice in Roseland.

Dominianni was discharged, but he returned within 36 hours in septic shock and was hypoxic and hypotensive, with altered mental status. He was intubated and placed on vasopressor support, and he was returned to the operating room to repair a bowel perforation created during initial hernia surgery, the lawyers said.

Over the course of the next eight months, Dominianni remained hospitalized and had 11 additional surgeries to address necrosis of the small bowel and gall bladder, including resection of the diseased tissue. Dominianni’s injuries include permanent short bowel syndrome, PTSD, nutritional deficiency, peritonitis, adhesions, and skin grafting to abdominal wall, the suit alleged.

Dominianni claimed that if the likelihood of perforation was recognized during his first emergency department visit after surgery, antibiotic intervention would have prevented his septic shock and the multiple surgeries required to halt necrosis and organ failure.

The $2.25 million settlement was reached in February with the assistance of Robert Polifroni, a retired Superior Court judge with Hardin, Kundla, McKeon & Poletto in Springfield. The plaintiff’s counsel filed a stipulation of dismissal with the court on April 14, according to electronic court records, which showed that the case was awaiting a trial date.

Nagel said he was pleased with the significant settlement in a case where the colostomy was reversed.

Counsel to the defendant, Evelyn Farkas of Farkas & Donahue in Florham Park, didn’t respond to a request for comment.

— Colleen Murphy

$1.87M Verdict in Wedding Fall Case

Forman v. The Cranbury Inn: A Middlesex County jury on Feb. 23 awarded $1.87 million to a woman who sustained a brain injury in a fall at a wedding reception. The plaintiff’s recovery was capped at $1 million through a high-low agreement put in place before trial.

According to counsel, on Nov. 4, 2017, plaintiff Debra Forman, 62, an administrative assistant, was attending a wedding reception at the Cranbury Inn in Cranbury. She claimed her foot caught on a fireplace brick extension, causing her to fall on her face. The suit claimed the fireplace existed in a reasonably foreseeable pedestrian path and should have had a visual warning. An expert determined the fireplace extension violated standards set forth by the American National Standards Institute and the Americans with Disabilities Act.

The defense maintained that Forman was comparatively negligent. The defense contended that there had been no prior falls involving the fireplace hearth extension. An expert said the fireplace hearth extension passed every building and fire-safety inspection.

Forman was diagnosed with a concussion, non-displaced fractures of her nose and the right humerus of her dominant arm, and an abrasion to her left knee. She was ultimately diagnosed with a mild traumatic brain injury, cognitive impairment, a partial tear of her right bicep, photophobia and an aggravation of a preexisting condition of her left knee. An arthroscopic meniscal repair was performed to her left knee, which was followed by a course of physical therapy. She was treated with her neurologist and orthopedist, and underwent neuropsychological treatment. She also underwent surgical repair of the right bicep tear.

Forman sued the inn and its owners, Gloria Ingegneri and Thomas Ingegneri.

Forman’s experts contended the accident caused her to suffer a permanent brain injury and that Forman only experienced minimal improvement from her cognitive therapy, and that she requires further psychiatric treatment. The experts claimed her cognitive and physical injuries precluded her from working.

Forman testified that she was sensitive to light and sound, which ultimately caused her to be terminated from her job. She also experienced changes in taste and smell. In 2019, Forman started a part-time job as an administrative assistant but had to quit after a year due to her light sensitivity. Her primary issue is her ongoing cognitive impairment. Her short-term memory has been affected, which causes her to frequently forget conversations and prevents her from driving for more than 15 minutes. Forman sought to recover $402,596 for future lost earnings, plus damages for past and future pain and suffering. Forman’s husband, Richard Forman, testified that he had to put off retirement for three years in order to maintain health benefits. He sought damages for his claim for loss of consortium.

Defense experts disputed causation of the knee injury and bicep injury, and disputed the presence of a brain injury.

The parties negotiated a high-low stipulation: Damages could not exceed $1 million, but they had to equal or exceed $700,000.

After a nine-day trial before Middlesex County Superior Court Judge Christopher D. Rafano, the jury found that the defendants were negligent and their negligence was a factual cause of injury to Forman. No negligence was found against Forman. The jury awarded $1.87 million, consisting of: $402,596 for future lost earnings and $1.35 million for pain and suffering for Debra Forman; and $120,000 for Richard Forman for loss of consortium.

The plaintiffs were represented by Evan Lide of Stark & Stark in Hamilton. The defendants were represented by Terence M. King of Lavallette and insured by Allianz Global Corporate & Specialty.

*Editor’s Comment: This report is based on information that was provided by plaintiffs’ and defense counsel.

— Aaron Jenkins (adapted from VerdictSearch)