On September 7, 2022, after a two week trial in the Long Island City Courthouse of the Supreme Court, Queens County, Anthony Marino obtained a directed verdict from Justice Robert I. Caloras. The case involved a then 16 year old plaintiff who went to see his pediatrician in August of 2015 with complaints of lower right quadrant pain. The pediatrician advised that it was a muscle strain and advised to ice the area, rest and return if it worsened. On September 13, 2015, he was seen in the emergency room of St. Joseph’s Hospital by the Defendant Surgeon who diagnosed severe appendicitis with possible phlegmon and proceeded to perform an open surgical appendectomy and also removed the cecum. Post surgically, the plaintiff developed a leak at the cecum suture site causing infections and sepsis requiring multiple antibiotic administrations through a PICC line, the insertion of drains, and surgical procedures. The now 23 year old Plaintiff claimed that the Surgeon was negligent in performing the surgery rather than administering antibiotics first to reduce the swelling as to allow a safer procedure that would not require removal of the cecum. Plaintiff also alleged malpractice in the management of the post-operative care and lack of informed consent. Upon a motion for directed verdict at the end of Plaintiff’s case, the Court dismissed the case against the Surgeon.
