In Wilburn v. Moss, a Neptune man has received $2.2 million as compensation for undergoing amputation of both legs after he developed an infection following an exam to determine if he had developed prostate cancer.
Plaintiff Herbert Wilburn, now 67, received his settlement funds from Princeton Insurance Co. on July 5, the carrier for the defendants—Dr. Vance Moss, Mid-Atlantic Multi-Specialty Surgical Group and Moss Urologic Surgery of Howell—said Wilburn’s attorney, Daryl Zaslow.
The lawsuit, which settled on May 1, was filed in Monmouth County Superior Court, but was settled before it had been given a trial date, said Zaslow, of Eichen Crutchlow & Zaslow in Edison.
Wilburn was treated by Moss on Aug. 12, 2014, according to Zaslow.
Moss used a needle-like probe from the rectum to the prostate, despite medical literature indicating that that method could lead to infection, Zaslow said.
Wilburn went to Jersey Shore Medical Center on Aug. 14, 2014, after suffering seizures and noticing blood in his urine, Zaslow said. He complained of discomfort and eventually went into respiratory failure, Zaslow said.
He developed an inflammation of the gallbladder and eventually was diagnosed with sepsis, which spread to his legs, requiring a bilateral below-the-knee amputation, Zaslow said.
For Moss and Mid-Atlantic, Princeton Insurance retained Donald Grasso of Orlovsky, Moody, Schaaf & Conlon in Long Branch. He did not return a call about the case.
For Moss and his personal medical group, Princeton retained Joseph DiCroce, who heads a firm in Manasquan. He confirmed that the carrier contributed $200,000 to the settlement involving Moss’s personal group.
— Michael Booth
Struck Pedestrian Gets $950K
Meng v. JANBC Services Corp.: A college student struck and run over by a commercial van while crossing the street in New Brunswick was paid a $950,000 settlement on July 3 in a pre-suit resolution of her injury case.
Plaintiff Fanyi Meng, a Rutgers University student, was crossing in the crosswalk at Hamilton and Union streets on Feb. 13, 2018, when the van struck her, threw her and ran her over, according to documents and her attorney, Adam Epstein of Mazie Slater Katz & Freeman in Roseland.
The van was owned by JANBC Services Corp. of Mount Arlington and driven by company employee Gonzalo Castillo Cardoso. Cardoso said Meng stepped in front of the vehicle, according to a police report, though the officer who wrote the report deemed Cardoso at fault for failing to yield to a pedestrian in a crosswalk.
Meng, 21, sustained an open fracture to her left foot, which required surgery with implantation of hardware and led to limited range of motion in the foot and scarring, as well as facial fractures that didn’t require surgery, Epstein said.
A release was signed June 28, prior to a suit being filed, and the settlement was paid July 3. The settlement was negotiated directly with JANBC’s carrier, Harleysville Preferred Insurance Co., which paid $950,000 of a $1 million policy prior to retainer of defense counsel, Epstein said.
Wendy Knouff of Harleysville, who handled the matter, didn’t respond to a call and email about the case.
— David Gialanella
$475K Med Mal Verdict in Camden
DeWees v. Berlin: A Camden County jury returned a $475,000 verdict on April 18 in a medical malpractice suit over faulty foot surgery.
According to the suit, Patricia DeWees of Collingswood consulted Haddon Heights podiatrist Jennifer Berlin after experiencing pain in her right foot during long walks. Berlin diagnosed DeWees with deformities in the bones of her right foot, including a bunion on the big toe.
On April 19, 2013, Berlin performed surgery on the foot. To repair the bunion, Berlin made a cut in the bone before realigning it, but she realigned it improperly, said DeWees’ lawyer, Jared Kasher of Kasher Law Group in Cherry Hill. As a result, in ensuing months, the big toe began to curve upward, causing discomfort and making it difficult for DeWees, now 66, to put her shoes on, Kasher said.
DeWees visited another podiatrist and underwent two revision surgeries, but the big toe still has limited movement, and she is restricted in how much she can walk, according to Kasher.
DeWees’ suit claims Berlin breached her duty of care by improperly realigning the bone during surgery.
The case was tried over two weeks before Judge Donald Stein in Camden County Superior Court. At trial, according to Kasher, Berlin presented testimony from three podiatrists who said the bone was put in the right place during surgery, but healed improperly. But, he said, that assertion was contradicted by x-rays of the foot after surgery.
The jury determined by an 8-0 vote that Berlin deviated from the accepted standards of care, and that her deviation was a proximate cause of DeWees’ injuries. The jury awarded $450,000 to DeWees and $25,000 to DeWees’ wife, Bette Jean Gaskill, for loss of consortium.
The lawyer for Berlin, Charles Koernig of Kaufman Borgeest & Ryan in Cherry Hill, did not return a call about the verdict.
— Charles Toutant