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A Middlesex County jury awarded $11.05 million on November 28 in Fava v. Moss, a medical malpractice suit brought by a man who had both legs amputated due to delayed treatment for his circulatory condition.

According to the suit, plaintiff Michael Fava was brought to the emergency room at John F. Kennedy Medical Center in Edison on May 13, 2013, with severe leg pain and an inability to move his legs. His legs had no pulse and were swollen, dictating an immediate surgical procedure to relieve pressure, said plaintiff lawyer Carol Forte. The emergency room doctor called in surgeon Vincent Moss at 5 a.m., but Moss said he would see the patient later in the day, she said.

Moss claimed at trial that he did provide a consultation, but there was no note in the chart from him on that date, calling into question whether he saw the patient at all, according to Forte, of Blume, Forte, Fried, Zerres & Molinari in Chatham. Moss’ colleague, Harold Chung-Loy, claimed he saw the patient that day at 7 p.m., but he, too, failed to enter any note in the chart, suggesting he did not see the patient either, Forte said. Both doctors testified that Fava’s leg problems were too advanced to benefit from surgery, according to Forte.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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Michael Booth

Trenton Bureau Chief New Jersey Law Journal American Lawyer Media [email protected] Twitter: @mboothnjlj

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David Gialanella

David Gialanella, Managing Editor of Regional Brands, has been with ALM since 2010, covering business of law, litigation, legislation, and more. He manages the New Jersey Law Journal and oversees all of ALM's regional brands. Reach him at [email protected]

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