As Published In
Settlement: Xxxxx Gomez, indiv. and as m/n/g of Xxxxxxx Gomez, inf. v. City of New York and NYCHHC XXXXX/84
Date of Settlement: 1/15/93
Venue: Bronx Supreme
Plaintiff Attorney: Eric Turkewitz, Manhattan
This $162,500 settlement, during Jury selection, was for a 12-year-old girl who, at age 15 months, suffered a laceration of a tendon in one finger that remained undiagnosed for 7 weeks.
On 2/1/82, Plaintiff, age 15 months at the time, sustained a laceration of the ring finger of her left (non-dominant) hand. She was brought to Jacobi Hospital where it was determined that she had suffered a partial laceration to the left flexor profundus tendon. Plaintiff was able to bend her finger, and three stitches were put in and the child was sent home. When the stitches were removed 5 days later, on 2/6/82, Plaintiff could no longer move her finger, and hospital records showed that she held her finger stiffly. Plaintiff contended that this indicated that the partial lacera¬tion had lacerated completely. Plaintiff contended that Defendant was negligent for falling to provide other care or to refer her to a hand surgeon.
Plaintiff returned to Defendant for an unrelated matter on 3/9/82. At that time, the problems the child was still having with her finger were noted in the hospital records and a hand clinic appointment was made for 3/25/82. Plaintiff contended that by 3/25, the tendons had retracted so far that they could not be repaired. Plaintiff claimed that she brought her daughter to several doctors for another opinion, and she eventually decided to delay surgery until March 1984, when Plaintiff was 3’/2 years old. A tendon graft using an extensor tendon from the foot was then performed.
Injuries: disfigurement and scarring to the left (non-dominant) hand. By 1990, Plaintiff was unable to bend or use the finger, and she underwent two more operations. At the time of this settlement, Plaintiff, age 12. was able to use most of the finger except for the distal joint.