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Doc not liable for damage of fetus’s brain, defense argued

Type:

Verdict-Defendant

State:

New York

Venue:

New York County

Court:

New York Supreme

Injury Type(s):

brain-brain damage; sensory/speech-blindness, total;
arterial/vascular-hemorrhage; mental/psychological-mental retardation; pulmonary/respiratory-respiratory; paralysis/quadriplegia-spastic quadriparesis

Case Type:

Medical Malpractice – OB-GYN, Childbirth, Brain Injuries, Failure to Test

Case Name:

Blass Angel Torres, an Infant, by His m/n/g, Elenor Garcia v. Michael Plakogiannis, M.D., Yoni Barnhard, M.D., DeCarla Albright, M.D., Lenox Hill Community Medical Group, P.C. and Lenox Hill Hospital,
No. 101750/09

Date:

October 5, 2015

Parties

Plaintiff(s):

Blass Angel Torres (Male, 1 Minute)

Plaintiff Attorney(s):

Stanley A. Landers;
Landers and Cernigliaro, P.C., Carle Place, NY, of counsel, The Fitzgerald Law Firm, P.C.;
Yonkers,
NY,
for
Blass Angel Torres

Plaintiff Expert(s):

Daniel Adler; M.D; Pediatric Neurology; Englewood,
NJ called by:
Stanley A. Landers ■ Carolyn Salafia; M.D.; Placental Pathology; Larchmont,
NY called by:
Stanley A. Landers ■ Jeffrey Soffer; M.D.; Obstetrics; Westfield,
NJ called by:
Stanley A. Landers ■ Michael Soudry; M.B.A.; Economics; New York,
NY called by:
Stanley A. Landers

Defendant(s):

Yoni Barnhard, 

DaCarla Albright, 

Lenox Hill Hospital, 

Michael Plakogiannis, 

Park Lenox OB/GYN P.C., 

Lenox Hill Community Medical Group P.C.

Defense Attorney(s):

Kenneth Fox;
McAloon & Friedman, P.C.;
New York,
NY,
for
Park Lenox OB/GYN P.C. ■ Glenn W. Dopf;
Dopf, P.C.;
New York,
NY,
for
DaCarla Albright, Michael Plakogiannis, Lenox Hill Community Medical Group P.C. ■ None reported;

for
Yoni Barnhard, Lenox Hill Hospital

Defendant Expert(s):

Mary D’Alton;
Fetal Medicine;
New York,
NY called by:
Glenn W. Dopf ■ Regina DeCarlo;
Pediatric Neurology;
Staten Island,
NY called by:
Glenn W. Dopf

Insurer(s):

Medical Liability Mutual Insurance Co. for Park Lenox OB/GYN and Plakogiannis

Facts:

On July 19, 2006, plaintiff Blass Angel Torres was born. The delivery was performed at Lenox Hill Hospital, in Manhattan. Blass’ delivery was not intended. It was prompted by the discovery that he was suffering bradycardia: abnormally slow beating of the heart. The condition was revealed by a biophysical profile that was performed during the hours that preceded the delivery. During the aftermath of Blass’ birth, a doctor determined that Blass had suffered a fetal-maternal hemorrhage. The hemorrhage damaged the infant’s brain, and he suffers residual effects that include retardation. Blass’ mother, Elenor Garcia, contended that her son’s hemorrhage could have been averted by earlier delivery of the infant. Garcia, acting as Blass’ parent and natural guardian, sued her obstetrician, Dr. Michael Plakogiannis; Plakogiannis’ practice, Park Lenox OB/GYN P.C.; Plakogiannis’ subsequent practice, Lenox Hill Community Medical Group P.C.; Lenox Hill Hospital; and two obstetricians who were believed to have treated Garcia, Dr. DaCarla Albright and Dr. Yoni Barnhard. Garcia alleged that Albright, Barnhard and Plakogiannis failed to render proper obstetrical care, that the doctors’ failures constituted malpractice, that Park Lenox OB/GYN and Lenox Hill Community Medical Group were vicariously liable for Plakogiannis’ actions, and that Lenox Hill Hospital was vicariously liable for the actions of Albright and Barnhard. Plaintiff’s counsel discontinued the claims against Albright and Barnhard, and Lenox Hill Hospital was dismissed. The matter proceeded to a trial against Plakogiannis, Park Lenox OB/GYN and Lenox Hill Community Medical Group, but Lenox Hill Community Medical Group was dismissed during the trial. Plaintiff’s counsel claimed that Blass’ injury occurred during the 24 hours that preceded his delivery, and he contended that the injury would have been averted by an earlier delivery. Garcia’s expert obstetrician opined that an earlier biophysical profile would have revealed infarcts of the infant’s placenta, and he contended that the infarcts would have prompted immediate delivery of the infant. The expert opined that a biophysical profile should have been performed on July 3, 2006, when tests revealed that Garcia was suffering hypertension and proteinuria: urine’s retention of an abnormally great concentration of protein. The expert further opined that biweekly biophysical profiles should have followed. Plaintiff’s counsel further contended that Blass’ delivery was also delayed by a miscalculation of the infant’s age. He noted that Garcia’s final menstrual cycle occurred on Sept. 29, 2005, and he extrapolated that Blass should have been delivered on July 7, 2006, which predated the infant’s hemorrhage. Defense counsel contended that Blass’ delivery was properly scheduled. He claimed that a sonography’s results had indicated that the delivery should have been performed on July 17, 2006, which was the day on which Plakogiannis ordered performance of the biophysical profile. Defense counsel also contended that accepted obstetrical standards did not require earlier or biweekly performance of a biophysical profile, and he claimed that Garcia did not exhibit symptoms that required performance of a biophysical profile. He claimed that her hypertension was immediately resolved via repositioning of her body, and he further claimed that proteinuria was an erroneous diagnosis that was subsequently disproven via performance of a more sophisticated test.

Injury:

Blass suffered a fetal-maternal hemorrhage that caused damage of his brain. He suffers retardation, blindness and spastic quadriplegia; he cannot walk; and his respiration is controlled by a ventilator. Garcia sought recovery of $3.9 million for past medical expenses, an unspecified amount for future medical expenses, an unspecified amount for Blass’ future lost earnings, and an unspecified amount for Blass’ past and future pain and suffering.

Result:

The jury rendered a defense verdict.

Trial Information:

Judge:

Joan B. Lobis

Demand:

$5,000,000 (total, from Park Lenox OB/GYN and Plakogiannis)

Offer:

None

Trial Length:

6
 days

Trial Deliberations:

30
 minutes

Jury Vote:

6-0

Jury Composition:

2 male/ 4 female

Editor’s Comment:

This report is based on information that was provided by Plakogiannis’ counsel. Additional information was gleaned from court documents. Plaintiff’s counsel did not respond to the reporter’s phone calls, and the remaining defendants’ counsel was not asked to contribute.