New York Verdicts

Plaintiff(s):

Alessandro Roma, Sr. , 

Estate of Denise M. Roma (Female, 46 Years)

Plaintiff Attorney(s):

Barry Birbrower;
Birbrower Law Firm, P.C.;
Peekskill,
NY,
for
Alessandro Roma, Sr., Estate of Denise M. Roma

Plaintiff Expert(s):

Ira Mehlman; M.D.; Emergency Medicine; New York,
NY called by:
Barry Birbrower ■ Edmund Mantell; Ph.D.; Economics; Scarsdale,
NY called by:
Barry Birbrower

Defendant(s):

Eric Silva, 

Michael Jefferson, 

Orange Regional Medical Center, 

Hudson Valley Emergency Physician Services, PC

Defense Attorney(s):

Mark McAndrew;
Voute, Lohrfink, Magro & McAndrew, LLP;
White Plains,
NY,
for
Eric Silva, Michael Jefferson, Hudson Valley Emergency Physician Services, PC ■ None reported;

for
Orange Regional Medical Center

Defendant Expert(s):

Thomas Price;
Cardiology;
Mount Vernon,
NY called by:
Mark McAndrew ■ Timothy Haydock;
Emergency Medicine;
Katonah,
NY called by:
Mark McAndrew

Insurer(s):

Physicians’ Reciprocal Insurers for Hudson Valley Emergency Physician Services and Jefferson

On March 28, 2011, plaintiff’s decedent Denise Roma, 46, was evaluated by a chiropractor. Roma claimed that she was suffering pain that stemmed from the upper portion of her back, that the pain radiated to her armpits and chest, that she had been experiencing numbness of her left arm, that she had been experiencing nausea, and that she had been experiencing exertion-induced impairment of her respiration. An examination revealed hypertension and an irregular heartbeat. Roma was directed to Orange Regional Medical Center, in Middletown. Roma presented to the hospital, where she was evaluated by Dr. Michael Jefferson and Dr. Eric Silva. Jefferson assessed Roma’s medical history, performed an examination and an electrocardiography, and measured the enzymes and proteins that may proliferate when the heart is distressed or injured. He opined that Roma’s symptoms were a result of a musculoskeletal condition. He approved her discharge, but he advised that a follow-up examination had to be performed after two days had passed. After two days had passed, Roma presented to a clinic, where a follow-up examination was performed. The examining doctor agreed that Roma’s symptoms were a result of a musculoskeletal condition. A painkiller was prescribed. Roma died after two additional days had passed. An autopsy revealed that Roma was suffering severe stenosis of three of her coronary arteries. The autopsy also revealed hypertrophy of the heart’s left ventricle. The coroner opined that Roma’s death was a result of cardiovascular disease. Roma’s widower, Alessandro Roma Sr., contended that Jefferson and Silva should have detected the disease. He contended that prompt intervention could have prevented his wife’s death. Mr. Roma, acting individually and as administrator of his wife’s estate, sued Jefferson; Silva; the doctors’ employer, Hudson Valley Emergency Physician Services, PC; and Orange Regional Medical Center. The estate alleged that Jefferson and Silva failed to properly diagnose and treat Ms. Roma’s condition, that the failures constituted malpractice, and that the remaining defendants were vicariously liable for the doctors’ actions. The estate’s counsel ultimately discontinued the claims against Silva and Orange Regional Medical Center. The matter proceeded to a trial against Jefferson and Hudson Valley Emergency Physician Services. The estate’s counsel contended that Jefferson did not adequately compile Roma’s medical history. He claimed that Jefferson did not consider all of the chiropractor’s observations, and he also claimed that Jefferson should have ascertained that Roma’s father had suffered a myocardial infarction that necessitated implantation of stents. He contended that Jefferson should have ordered additional tests and treatment that would have included catheterization of Roma’s heart. He argued that proper treatment would have saved Roma’s life. Defense counsel contended that Jefferson properly treated Roma. He contended that Jefferson performed a physical examination and appropriate tests, that Jefferson appropriately assessed the tests’ results, and that Jefferson formulated a diagnosis that was supported by his findings. The defense’s expert cardiologist agreed that Roma’s symptoms did not suggest a cardiovascular problem. He opined that a musculoskeletal cause was a more likely scenario. The expert also opined that Roma’s death could have been a result of an idiopathic arrhythmia. Jefferson claimed that he also adequately compiled Roma’s medical history. He claimed that Roma did not disclose her father’s myocardial infarction and its resultant treatment. However, Roma’s sister, who was present during Jefferson’s treatment of Roma, claimed that she discussed her father’s particulars.

Denise Roma, 46, died on April 1, 2011. During the days that preceded her death, she experienced pain that stemmed from the upper portion of her back. The pain radiated to her armpits and chest. The estate’s counsel contended that Roma’s death was a result of undiagnosed cardiovascular disease. Roma was survived by a husband and a 14-year-old son. Her estate sought recovery of wrongful-death damages that included loss of earnings, loss of services, damages for Roma’s pain and suffering, and damages for Roma’s son’s loss of parental guidance. Roma’s husband presented a derivative claim.

The jury rendered a defense verdict.

Judge:

Elaine Slobod

Demand:

$2,200,000 (total, by both plaintiffs, from Hudson Valley Emergency Physician Services and Jefferson)

Offer:

None

Trial Length:

8
 days

Trial Deliberations:

10
 minutes

Jury Vote:

6-0

Jury Composition:

3 male/ 3 female

This report is based on information that was provided by counsel of Hudson Valley Emergency Physician Services, Jefferson and Silva. Orange Regional Medical Center’s counsel was not asked to contribute, and plaintiffs’ counsel did not respond to the reporter’s phone calls.