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Brooklyn jury awards brain-damaged child $13M Case Type: Medical Malpractice Case: Feig v. Deutsch, No. 16692/89 (Sup. Ct., Kings Co., New York) Plaintiff’s Attorney: Thomas A. Moore, of New York’s Kramer, Dillof, Tessel, Duffy & Moore Defense Attorneys: Warren Sanger, of New York’s Bower and Sanger, for Dr. Norman Deutsch; Carl M. Erman, of Brooklyn’s Amabile & Erman, for Kings Highway Hospital; and Andrew Kaufman, of New York’s Kaufman, Borgeest & Ryan, for Dr. Norman Sobol Jury Verdict: $13 million against Dr. Deutsch; defense verdicts for Kings Highway Hospital and Dr. Sobol On Sept. 24, 1985, Tsufit Feig brought her 4-month-old daughter Efrat to Brooklyn, N.Y., pediatrician Norman Deutsch, complaining that the child had a fever, lip sores and balance problems. Deutsch diagnosed an upper respiratory infection, said plaintiff’s attorney Thomas A. Moore. About a week later, Feig called Deutsch to report that the child’s problems were continuing, Moore said, but the doctor did not examine Efrat at that time or refer her to a neurologist. On Oct. 3, Feig called again, and Deutsch agreed to see the child that afternoon. But after this call, Moore said, Efrat suffered a seizure and became unconscious. The child was taken to Kings Highway Hospital, where she was treated by neurologist Norman Sobol. Deutsch talked to Sobol at this time, Moore said, but did not inform Sobol of the child’s prior medical complaints. The child was transferred to New York University Hospital, where she was diagnosed with herpes encephalitis. She was treated with acyclovir, but the infection left Efrat with permanent brain damage. Deutsch denied that he was negligent or that Feig had called him on Sept. 30 or Oct. 3 complaining of continued symptoms. The other defendants denied any deviations from proper medical care and, Moore said, the plaintiff conceded during trial that by the time the child was brought to Kings Highway, there was no chance of total recovery. On March 30, a Brooklyn jury awarded Efrat Feig $13 million, finding Deutsch negligent, but returned defense verdicts for Sobol and the hospital. Fatal aneurysm leads to $9M jury verdict Case Type: Medical Malpractice Case: Parker v. Florida Emergency Physicians, Kang & Associates, No. CI 099-3260 (Cir. Ct. Orange Co., Fla.) Plaintiffs’ Attorneys: Elizabeth H. Faiella and B.J. Heller, of Orlando, Fla.’s Elizabeth H. Faiella P.A. Defense Attorney: Richard Ramsey, of Orlando’s Wicker, Smith, Tutan, O’Hara, McCoy, Graham & Ford P.C. Jury Verdict: $9 million Gabriel Anderson, 24, was diagnosed with an aneurysm in his brain and scheduled to undergo a surgical procedure that would clip the aneurysm on Oct. 22, 1998, said plaintiff’s attorney B.J. Heller. But on the morning of Oct. 21, Heller said, “he woke up with a big headache.” He called brain surgeon Phillip St. Louis, who told him to go to the emergency room, she said. Anderson went to the ER at Orlando’s Florida Hospital. Instead of surgery, he was given another CT scan, pain medication and sent home at 1 p.m. At 3 a.m. the next day, Anderson’s headache was “unbearable,” and he returned to Florida Hospital. He was given another CT scan, but no pain medication, she said. Anderson’s blood pressure was up, but was not treated, she added. He was scheduled for surgery at 7:30 a.m., but “no one came and got him,” Heller added. At 8 a.m., the aneurysm ruptured, leaving him brain dead; he was pronounced dead five days later. His estate sued St. Louis and the hospital’s ER provider, Florida Emergency Physicians, Kang & Associates, M.D., P.A. St. Louis settled before trial. The emergency room doctors “met the standard of care,” said defense attorney Richard Ramsey. The first emergency room doctor to see Anderson, Angela Garcia, contended that he left against medical advice. In addition, Ramsey alleged, Anderson was negligent himself: “The plaintiff had headaches for years and didn’t see a doctor.” On April 11, an Orlando jury awarded the plaintiffs $9 million, finding St. Louis 25 percent responsible and the emergency room physicians 75 percent responsible. The verdict will be reduced accordingly, Heller said. Defense’s post-trial motions were denied on May 1. The verdict will be appealed.

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