$______ VERDICT - MEDICAL MALPRACTICE - PRIMARY CARE - PLAINTIFF PRESENTS TO DEFENDANT DOCTORS SEVERAL TIMES WITH COMPLAINTS OF RIGHT BREAST MASS WHICH DEFENDANTS DISMISS AS CYST - PLAINTIFF DIAGNOSED WITH BREAST CANCER 5 YEARS LATER - DECREASED LIFE EXPECTANCY.

• Pages: 4-5

caused quadriplegia. The patient died from

unrelated causes approximately 5 years later. The

defendant maintained the care was proper.

The evidence disclosed that the patient initially visited

a non-party E.R. approximately two weeks earlier with

complaints of weakness and fever. The plaintiff con-

tended that he began to suffer from excruciating

neck pain just prior to his admission to the subject

Emergency Room. The pain continued, and the pa-

tient began to suffer worsening weakness and neuro-

logical symptoms, including paresthesia and

numbness in his hands, culminating, just prior to the

examination by the defendant, with urinary retention.

The plaintiff maintained that in view of the deteriora-

tion, the new severe neck pain, the neurological

symptoms, the onset of urinary retention, and the

prior bacterial infection, the defendant should have

ordered an immediate MRI to rule out a potential

seeding of the infection and the development of an

abscess. The MRI was not performed until 2 days after

the patient was seen by the defendant. The plaintiff

contended that it was too late to perform effective

surgery which would have more likely than not pre-

vented permanent quadriplegia. The defendant de-

nied that the signs and symptoms dictated an

immediate MRI. The defendant also disputed that the

plaintiff ever had a cervical spinal infection.

The evidence disclosed that the decedent had regu-

larly been playing saxophone for decades and had,

in fact, been paid for a performance several weeks

earlier. The plaintiff, who made no lost wages claims,

contended that the inability to resume playing his

horn dramatically diminished the patient’s loss of en-

joyment of life. The plaintiff presented a renowned

physical therapist who described the manner in which

the plaintiff often worked multiple hours a day in an

attempt to improve his movement. The PT related

that although the patient improved to the extent that

he was deemed to have quadriparesis instead of

quadriplegia, the recovery was limited despite the

extensive efforts. The PT related that the patient used

hisdesiretoresumeplayingthesaxasastrong

motivator.

The plaintiff also presented Day in the Life videos of

the patient and his wife which illustrated the many dif-

ficulties with the patient’s activities of daily living and

the frustration and the emotional injury this entailed.

The plaintiff maintained that the jury should consider

that the decedent was a determined individual who

strove to improve his condition with limited success.

The 6 person jury, after just over 2 hours of delibera-

tion, found for the plaintiff on 6 separate claims of

malpractice from the standard of care, concluding

that each particular deviation was a substantial fac-

tor in bringing about Mr. Grey’s injuries, and awarded

$11,000,000, including $5,500,000 for pain and suf-

fering for the decedent, Mr. Grey, and $5,500,000 for

past loss of consortium for his wife. The plaintiff did not

pursue a claim for wrongful death.

REFERENCE

Plaintiff’s infectious disease expert: Chester

Smialowicz, M.D. from Medford, NJ. Plaintiff’s neuro-

radiology expert: Gregg Zoarski, M.D. from Belaire,

MD. Plaintiff’s neurosurgeon expert: Steven

Bloomfield, M.D. from Skillman, NJ. Plaintiff’s

physical therapist expert: Thatcher Duni from

Shelton, CT. Defendant’s infectious disease expert:

William Mandell, M.D. from New York, NY.

Grey vs. Spicehandler. Index no. 805548/16; Judge

David B. Cohen, 10-20-22.

Attorney for plaintiff: Ari L. Taub of Phillips &

Paolicelli, LLP in New York, NY.

COMMENTARY

The award was thought to be particularly interesting in view of the

advanced age of the patient, the absence of any claim for future

damages and the fact that the case was tried in New York County.

The plaintiff’s physical therapist, whose organization “Movement

for Hope” is very well known, effectively offered detailed testimony

about the extensive work which the patient did during the final 5

years of his life. In this regard, the plaintiff stressed that the dece-

dent was highly motivated, wished to resume playing the sax as he

had for decades and it is clear that this aspect highly motivated the

jury. Additionally, it should be noted that the plaintiff opted not to

present any claim for wrongful death, which in view of the ad-

vanced age of the widow, could have otherwise been construed as

an attempt to overreach.

$2,243,104 VERDICT – MEDICAL MALPRACTICE – PRIMARY CARE – PLAINTIFF

PRESENTS TO DEFENDANT DOCTORS SEVERAL TIMES WITH COMPLAINTS OF RIGHT

BREAST MASS WHICH DEFENDANTS DISMISS AS CYST – PLAINTIFF DIAGNOSED WITH

BREAST CANCER 5 YEARS LATER – DECREASED LIFE EXPECTANCY.

Philadelphia County, PA

The plaintiff in this medical malpractice

negligence action maintained that she presented

to the defendants repeatedly from 2010-2015

with complaints of the palpable right breast mass.

The plaintiff was assured that it was a simple cyst

and the mass was not investigated until 2015

when the plaintiff was diagnosed with breast

cancer. The defendants denied all allegations of

negligence and maintained that the plaintiff did

not make repeated complaints of the mass.

4 SUMMARIES WITH TRIAL ANALYSIS

Volume 38, Issue 2, February 2023 Subscribe Now