As Published In
Settlement: Xxxx Santana, indiv. and as f/n/g of Xxxxx Santana v. County of Westchester and [RT], M.D.; J. AS; and [DF] d/b/a Mid Hudson Valley Pediatric Surgeons XXXXX/87
Date of Settlement: 11/9/95
Venue: Westchester Supreme
Plaintiff Attorney: Eric Turkewitz, Manhattan
This medical malpractice action settled for $300,000 a week before jury selection.
On 5/2/85, the 13-year-old Plaintiff underwent the placement of Harrington rods in his back for treatment of scoliosis. The surgery was performed by abdominal approach. Defendant [DF] was the surgeon whose role was to open and move the intestines to the side, exposing the spine for Defendant [RT]. After completion of the orthopedic portion of the surgery, Defendant [DF] replaced the bowel and closed the incision.
Several days after the surgery, Plaintiff’s abdomen expanded to the “size of a basketball” and he was in obvious distress. Emergency surgery was performed on 5/6/85, during which 10-12 feet of necrotic bowel were removed.
Plaintiff would have contended that during the course of manipulating the bowel, damage occurred to the bowel’s supply via the mesentery, causing the associated portions of the bowel to become necrotic.
Defendants would have argued that damage to the bowel is a risk of the procedure. They also would have contended that pathology reports indicated that the removed bowel showed no trauma.
Plaintiff age 23 at the time of this settlement, suffers from short bowel syndrome. Defendants would have contended that there is no objective evidence as to why Plaintiff continues to suffer from intestinal problems because he has adequate remaining intestinal capacity. They would have argued that any problems he has could be helped with medical intervention. Settlement apportionment: The County of Westchester paid the entire settlement.