Doc didn't address tumor's growth, patient alleged

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Parties

Plaintiff(s):

Phil Weitz (Male),

Linda Schrank (Female,49Years)

Plaintiff Attorney(s):

James F. Wilkens;
Duffy & Duffy, PLLC;
Uniondale,
NY,
for
Phil Weitz,Linda Schrank

Plaintiff Expert(s):

Debra Dwyer;
Ph.D;
Economics;
Stony Brook,
NY called by
James F. Wilkens ■ James Melisi;
M.D.;
Neurosurgery;
Santa Fe,
NM called by
James F. Wilkens ■ Richard Lechtenberg;
M.D.;
Neurology;
Brooklyn,
NY called by
James F. Wilkens

Defendant(s):

John R. Mangiardi,

Cabrini Medical Center,

Gilbert Seymour Lederman,

Radiosurgery New York, LLC,

Gilbert Lederman, M.D., P.C.,

Staten Island University Hospital,

John R. Mangiardi, M.D., F.A.C.S, P.C.

Defense Attorney(s):

Andrew S. Garson;
Garson & Jakub LLP;
Manhattan,
NY,
for
Gilbert Seymour Lederman,Radiosurgery New York, LLC,Gilbert Lederman, M.D., P.C. ■ None reported;
;
for
John R. Mangiardi,Cabrini Medical Center,Staten Island University Hospital,John R. Mangiardi, M.D., F.A.C.S, P.C.

Defendent Expert(s):

Jed Pollack;
Radiation Oncology;
New Hyde Park,
NY called by
Andrew S. Garson

Facts:

On Aug. 7, 2002, plaintiff Linda Schrank, 49, a travel agent, underwent fractionated stereotactic radiosurgery, which involved the administration of radiation that was intended to stop the growth of an acoustic neuroma: a benign tumor that occupies a nerve of an auditory canal. The procedure was performed by oncologist Dr. Gilbert Lederman, at Staten Island University Hospital, in Richmond County. In April 2004, an MRI scan revealed that Schrank‘s tumor had not shrunk. Another MRI scan was performed in October 2004. The test’s results did not depict shrinkage of the tumor. In 2005, Schrank developed hydrocephalus: the brain’s retention of an excessive amount of cerebrospinal fluid. The condition was caused by her tumor, which had not shrunk. She underwent microsurgeries that removed portions of the tumor. The surgeries were performed by neurosurgeon Dr. John Mangiardi, at Cabrini Medical Center, in Manhattan. Schrank claimed that the surgeries did not resolve the tumor’s effects. She further claimed that she suffers resultant paralysis of the left side of her face. Schrank sued Lederman; Lederman’s practices, Radiosurgery New York, LLC and Gilbert Lederman, M.D., P.C.; Mangiardi; Mangiardi’s practice, John R. Mangiardi, M.D., F.A.C.S, P.C.; Staten Island University Hospital; and Cabrini Medical Center. Schrank alleged that Lederman and Mangiardi failed to properly address her neuroma, that the doctors’ failures constituted malpractice, that Staten Island University Hospital and Lederman’s practices were vicariously liable for Lederman’s actions, and that Cabrini Medical Center and Mangiardi’s practice were vicariously liable for Mangiardi’s actions. Staten Island University Hospital was dismissed via summary judgment; Cabrini Medical Center was discharged after having become bankrupt; Mangiardi, who was employed by Cabrini Medical Center, was also discharged; and Schrank‘s counsel discontinued the claims against Mangiardi’s practice. The matter proceeded to a trial against Lederman and his practices. Schrank‘s expert neurosurgeon opined that fractionated stereotactic radiosurgery was not an effective means of addressing a tumor that had reached the size that Schrank‘s tumor had reached. He contended that the radiosurgery’s ineffectiveness allowed continued growth of the tumor, and he claimed that the tumor’s growth increased the likelihood of microsurgery’s complications. Schrank‘s counsel claimed that Lederman did not properly address the continued growth of Schrank‘s tumor. He contended that the MRI scans’ results should have prompted an immediate referral to a neurosurgeon. The defense’s expert oncologist acknowledged that fractionated stereotactic radiosurgery is a relatively new method of treating acoustic neuromas, but he contended that the procedure is used by several leading providers of medical care. He opined that Lederman appropriately performed the procedure. Defense counsel also contended that Lederman appropriately monitored Schrank‘s tumor, and he rejected Schrank‘s counsel’s claim that the tumor grew after the completion of the surgery that Lederman performed. Defense counsel claimed that the radiosurgery caused swollenness that was erroneously deemed growth. He also claimed that Schrank‘s paralysis was a result of the surgeries that Mangiardi performed.

Injury:

Schrank claimed that she suffers neuropathy that stems from a failure to properly treat her neuroma. Her neuropathy causes paralysis of the left side of her face, and she experiences resultant impairment of her speech. She also suffers impairment of her balance. She underwent surgeries that addressed the condition, but her ambulation remains impaired. She claimed that she requires the use of a motorized wheelchair, that her disability will necessitate modification of her home, and that she requires therapy and other treatment. She also claimed that her residual effects prevent her resumption of work. Schrank sought recovery of future medical expenses, recovery of past and future lost earnings, reimbursem*nt of the cost of the modification of her home, and recovery of damages for past and future pain and suffering. Her husband, Phil Weitz, presented a derivative claim.

Result:

The jury found that Lederman departed from an accepted standard of medical care. It determined that Schrank was not timely referred to a neurosurgeon. The jury found that the plaintiffs’ damages totaled $2,486,171.60

Linda $250,000 Personal Injury: Past Lost Earnings Capability$200,000 Personal Injury: Past Pain And Suffering$232,500 Personal Injury: future cost of physical therapy (15 years)$480,500 Personal Injury: future cost of speech therapy (31 years)$27,900 Personal Injury: future cost of motorized wheelchairs (31 years)$1,302 Personal Injury: future cost of assistive walking devices (31 years)$16,000 Personal Injury: cost of modification of residence$4,985 Personal Injury: future cost of neurological treatment (31 years)$4,985 Personal Injury: future cost of orthopedic treatment (31 years)$448,000 Commercial: future lost earnings (16 years)$600,000 Commercial: future pain and suffering (31 years)Phil Weitz$100,000 Personal Injury: Past Loss Of Services$120,000 Personal Injury: future loss of services (31 years)

Trial Information:

Judge:

Thomas Feinman

Trial Length:

2
weeks

Trial Deliberations:

8
hours

Jury Vote:

5-1

Jury Composition:

3 male/ 3 female

Editor’s Comment:

This report is based on court documents, information that was provided by plaintiffs’ counsel, and information that was provided by counsel of Radiosurgery New York, Lederman and Gilbert Lederman, M.D., P.C. The remaining defendants’ counsel was not asked to contribute.

Doc didn't address tumor's growth, patient alleged - VerdictSearch (2024)