As Published In
Settlement: Xxxxxx Melendez v. NYCHHC and City of New York
Date of Settlement: 7/99
Venue: Bronx Supreme
Plaintiff Attorney: Eric Turkewitz, Manhattan
Defendant Attorney: Cori M. LaCasa, Asst. Corp. Counsel
This action settled after a Notice of Claim was filed and a 50-H hearing was held for $125,000, plus the nonassertion of any Medicaid or Social Services liens over $3,000. Plaintiff, 38 years old, underwent a Caesarean section on 7/23/96 at Jacobi Hospital. Defendant left behind a laparotomy pad during the surgery, and it was not discovered until July 1998 when Plaintiff had a sonogram performed in connection with another pregnancy. Plaintiff claimed that the second surgery to remove the laparotomy pad caused additional scarring of the abdomen.
Other foreign object cases by this office:
$1.015M – Manhattan Medical Malpractice- surgical drain left behind – infection – knee fusion
Surgical drain negligently left in the knee of a 79-year old New York woman after a total knee replacement, resulting in infection, multiple surgeries and fusion of the knee.
$450K – Surgical pad negligently left in New York woman
80-year old woman had bowel surgery, with “retained” pad, resulting in infection, ICU care, temporary tracheotomy and severe weakening of an already fragile condition.
$175K – Surgical sponge left at NYU University Medical Center
72-year old New York woman ha bypass surgery, with sponge left behind, necessitating additional surgery to remove it
$100K – Broken scissor blade left in a Bronx patient
Discovered many years after a hysterectomy at Bronx-Lebanon Hospital, when precautionary x-rays taken after being sideswiped by a car.