KGG Obtains $1.4 Million Medical Malpractice Verdict

Have you experienced injuries because of poor healthcare? You should be aware that you could hold your doctor or provider liable if you have been the victim of medical malpractice. Photo of surgery

KGG recently obtained a $1.4 million verdict for a 12-year-old girl who was injured during bunion surgery in June 2010 at Nyack Hospital. The jury found that podiatrist Ira Bernstein, negligently performed a surgical procedure on the young plaintiff whose growth plates were still open. The operation resulted in fusing her first metatarsal growth plate and as the rest of her foot grew, she developed a significant deformity and difficulty walking.

Attorney Barry Kantrowitz successfully argued that Bernstein departed from the accepted standard of care when he prematurely fused the girl’s plate. The doctor claimed that the child was “skeletally mature” at the time of the operation, but Kantrowitz established that the child went through 2 growth spurts after the operation, shooting up over 6 inches by the time of trial. As the rest of her foot and body grew, the fused first metatarsal couldn’t and her gait was significantly altered. Experts opined that she would need future salvage surgery to improve her foot.

During the trial, Kantrowitz proved the girl was active in organized and competitive sports prior to surgery but her injuries have now left her unable to participate. More than a dozen witnesses, including eight doctors, testified during the trial, which took place in New York State Supreme Court, Rockland County.

The jury also heard evidence that Bernstein altered, destroyed or failed to produce records when he learned about the injury claim, and that he billed the victim’s parents in excess of $62,000 in retaliation for the lawsuit.

The jury concluded that Dr. Bernstein was negligent in the manner in which he operated on the child and awarded the victim $275,000 for past pain and suffering, and $1,116,666 for future pain and suffering over her 64 year life expectancy.

The trial attracted media attention locally, as LoHud.com wrote a story about the verdict.

It should be noted that in May 2014, another victim was awarded $775,000 after a jury found that Bernstein performed surgery on her when she was a teenager, leaving her unable to stand without pain.

Obtaining a Successful Malpractice Verdict

As this case shows, our attorneys have obtained successful verdicts in medical malpractice litigation. These cases have included instances of surgical errors, misdiagnosis and failure to obtain informed consent.

KGG is proud to help injured patients recover from negligent doctors. To see our success in other personal injury cases, you can visit our verdicts and settlements page.

Kantrowitz, Goldhamer & Graifman, P.C. – Injury Lawyers

KGG’s Corner: A New England Journal of Medicine study found that settlements occur in about 61 percent of all medical malpractice cases.


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