The Turkewitz Law Firm, 228 East 45th Street, New York, NY 10017  Phone: (212) 983-5900

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Medical Malpractice — Failure To Diagnose Brain Tumor — Brain Damage

Settlement: Samuel Xxxxx, an incapacitated adult, by his joint guardians, Marcia Xxxx and Paula Xxxxx, and Paula Xxxxx, indiv. v. [AC]; [SR]; [SZ]; [AG]; Healthshield, Inc.; Capital Area Community Health Plan, Inc. d/b/a Healthshield; and Community Area Community Health Plan, Inc. d/b/a Healthshield; XXXXX/94

Date of Settlement: 4/97

Venue: Dutchess County Supreme Court

Plaintiff Attorney: Eric M. Turkewitz, Manhattan

Facts:

This medical malpractice action settled for a lump sum of $625,000. Plaintiff, in his 70s at the time, claimed that Defendants failed to diagnose and treat a meningioma for several years. Plaintiff was seen by the CHP/Healthshield medical group over the years by three general practitioners and an ophthalmologist. Plaintiff's records indicated that between February 1984 and August 1986 he complained of fatigue, anxiety, depression, sleeplessness, and irritability. In 1989 he complained of dizziness, headaches, pain behind the eye, and unexplained falls. Plaintiff underwent a procedure in November 1992 to remove the tumor, but he suffered brain damage and vision impairment. Plaintiff was confined to a nursing home until December 1996 when he died of complications from pneumonia. Plaintiff claimed that Defendants failed to refer him for a full and complete neurological work-up.

Defendants would have argued that a neurological examination was not warranted and that even if it was, the outcome would have been the same.