Napoli, Kaiser & Bern Win $15 Million Award for Infant Plaintiff
The Napoli, Kaiser & Bern law firm have won a $15 Million jury award in favor of an infant client, Sohail Pinto.
New York, NY (PRWEB) May 4, 2005 -- The Napoli, Kaiser & Bern law firm
have won a $15 Million jury award in favor of an infant client, Sohail Pinto. On
April 1, 2005, Hon. Martin J. Shulman, of the Supreme Court of New York, Queens
County, upheld the $15 Million verdict in favor of the infant plaintiff. The
verdict was taken before him on June 4, 2003. Jeffrey A. Guzman, Esq., of
Napoli, Kaiser & Bern, LLP represented the infant plaintiff.
Sohail
Pinto, was born by cesarean section on November 24, 1992. After undergoing blood
tests it was revealed that the infant had an infection. The infant was then
transferred to a special care nursery and treated for the infection with
Penicillin G. This treatment continued with the same dosage of Penicillin G
being given twice a day intravenously. On the morning of December 1, 1992,
defendant Dr. Michael Iordanou intravenously administered a dosage of Penicillin
G. The infant went into cardiac arrest, and required resuscitation for 20
minutes. As a result, the infant suffered brain damage.
The plaintiffs’
theory at trial, based upon the testimony of an expert, was that Iordanou
administered a potassium-based form of Penicillin G too rapidly, which caused
the infant’s cardiac arrest. Although there was no direct evidence as to whether
the Penicillin G administered to the infant was potassium-based or sodium-based,
the plaintiffs’ expert concluded that it was potassium-based. The conclusion was
based upon the infant’s swift reaction to the injection, the infant’s resistance
to resuscitation and other factors.
Based upon a note made by Iordanou
and the testimony of their experts, the defendants contended that the infant’s
cardiac arrest was secondary to the aspiration of formula that blocked the
infant’s airway.
At the conclusion of a 4 week trial, the jury rendered a
verdict in favor of the infant-plaintiff and awarded $2 million for past pain
and suffering, $4 million for future pain and suffering, $4 million for future
medical expenses, $2 million for future lost earnings and $3 million for future
custodial care. The parties agreed that the defendants could make a written
motion pursuant to CPLR 4404 within 30 days of the date of the verdict. On
January 16, 2004, the plaintiffs moved to enter judgment. By cross-motion filed
February 10, 2004, the defendants sought to set aside the verdict on liability
and damages, and various alternate forms of relief.
In upholding the
verdict, Justice Shulman decided that the defendants failed to move timely
pursuant to CPLR 4404. Additionally, he decided that plaintiffs adduced
sufficient evidence at trial from which the jury could rationally conclude that
the defendants departed from accepted medical practice in the administration of
the penicillin at issue and that said departure was the proximate cause of the
infant’s injuries.
About Napoli, Kaiser & Bern
Napoli, Kaiser
& Bern, LLP is a law firm experienced in prosecuting personal injury actions
on behalf of its clients. The firm’s litigation practice is focused on mass
tort, medical malpractice, products liability, and negligence actions. Their
office has been instrumental in the development of new law in the area of
personal injury law and consumer rights. Napoli, Kaiser & Bern has law
offices in New York City, New Jersey, Philadelphia and Oklahoma. For more
information visit www.nblawfirm.com or call 1-888-LAW-IN-NY.
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Source : http://www.prweb.com/releases/2005/5/prweb235848.htm