On November 21, 2019, Partner, James F. Farrell, Jr., assisted by Senior Counsel, Ann D. Schattner, secured a defense verdict on behalf of a Suffolk County hospital in Supreme Court, Suffolk County. The action was brought on behalf of a then 69 year old married female, with four adult children, who presented to the hospital with complaints of nausea, vomiting, and dizziness. Plaintiff’s counsel claimed there was a failure to timely diagnose and properly treat an ischemic brain stem stroke, which resulted in the patient’s death approximately 10 days later and that the hospital was vicariously liable for acts or omissions of the Emergency Department Attending.
The defense argued that the plaintiff was not a candidate for thrombolytics since her symptoms were non-specific and she woke up with those symptoms. Defense also argued that timely imaging studies and a neurology consult were performed. The defense argued that neither thrombolytics nor aspirin would have been proper, and their usage would not have changed the patient’s outcome.
After a trial that spanned 3 weeks, the jury returned a unanimous defense verdict in favor of our client.