Florida Verdicts

Type:

Verdict-Defendant

State:

Florida

Venue:

Broward County

Court:

Broward County Circuit Court, 17th

Injury Type(s):

Case Type:

Medical Malpractice – Misdiagnosis, Ophthalmologist, Failure to Refer, Failure to Treat, Negligent Treatment

Case Name:

Robin Helfan and Barry Helfan v. Eye Surgery Associates Inc., Guy J. Angella, Gail P. Ballweg, and Stephen E. Solomon,
No. CA-07-15695

Date:

February 6, 2014

Plaintiff(s):

Barry Helfan (Male), 

Robin Helfan (Female, 49 Years)

Plaintiff Attorney(s):

Estefania D. Baird;
Friedman Rodman & Frank;
Miami,
FL,
for
Barry Helfan, Robin Helfan ■ Ronald D. Rodman;
Friedman Rodman & Frank;
Miami,
FL,
for
Barry Helfan, Robin Helfan

Plaintiff Expert(s):

Joel Cohen;
M.D.;
Neurology;
New York,
NY called by
Estefania D. Baird, Ronald D. Rodman ■ Byron Lam;
M.D.;
Ophthalmology;
Miami,
FL called by
Estefania D. Baird, Ronald D. Rodman ■ Harry Hamburger;
M.D.;
Ophthalmology;
Miami,
FL called by
Estefania D. Baird, Ronald D. Rodman ■ Norman Schatz;
M.D.;
Neuro-ophthalmology;
Miami,
FL called by
Estefania D. Baird, Ronald D. Rodman

Defendant(s):

Guy J. Angella, 

Gail P. Ballweg, 

Stephen E. Solomon, 

Eye Surgery Associates Inc.

Defense Attorney(s):

John D. Kelner;
Law Offices of John D. Kelner;
Hollywood,
FL,
for
Guy J. Angella, Eye Surgery Associates Inc. ■ Burt E. Redlus;
Burt E. Redlus P.A.;
Miami,
FL,
for
Stephen E. Solomon ■ Edward R. Blumberg;
Deutsch & Blumberg, P.A.;
Miami,
FL,
for
Gail P. Ballweg

Defendant Expert(s):

Bruce Kohrman;
Neurology;
Miami,
FL called by
John D. Kelner ■ David Springer;
Ophthalmology;
Oak Park,
IL called by
John D. Kelner ■ Henry O’Halloran;
Ophthalmology;
San Diego,
CA called by
Burt E. Redlus ■ Nicholas Suite;
Neurology;
Pembroke Pines,
FL called by
Edward R. Blumberg

In July 29, 2005, plaintiff Robin Helfan, 49, a nurse, presented to ophthalmologist Guy Angella in Pembroke Pines with complaints of a sudden loss of peripheral vision. Angella, who was filling in for Helfan’s treating neuro-ophthalmologist, Stephen Solomon, examined Helfan and then admitted her to Memorial West Hospital in Pembroke Pines for an MRI and a neurology consultation for diagnoses and treatment. While Helfan was at the hospital, neurologist Gail Ballweg was called in as a consultant and performed a spinal tap. Solomon, who had returned from vacation on Aug. 2, also was called to consult. After reviewing the tests done by all doctors, Solomon elected to treat Helfan with steroids on Aug. 2, 2005. Helfan claimed she was discharged from the hospital on Aug. 3 with no improvement in her peripheral vision. She claimed she was ultimately declared legally blind in both eyes. Helfan sued Angella; his employer, Eye Surgery Associates Inc.; Ballweg; and Solomon for medical malpractice. Helfan’s counsel claimed Angella needed assistance two days into Helfan’s treatment but chose to wait for Solomon to return. They claimed Helfan should have been referred to a neuro-ophthalmologist within 24 hours of presenting to Angella. They claimed Helfan was misdiagnosed by Ballweg and Solomon and as a result suffered from elevated cerebral spinal fluid pressure in her brain. Helfan’s expert neurologist testified that Ballweg misinterpreted the spinal tap. Her neuro-ophthalmologist testified that Helfan should have been treated with medications to lower the cerebral spinal fluid pressure immediately. He further testified that the spinal tap performed by Ballweg was done incorrectly because she failed to measure the opening cerebral spinal fluid pressure while performing the tap. He testified that the opening pressure should have been obtained to determine whether the cerebral spinal fluid in her brain was elevated. He also testified that Solomon’s choice of steroids was the wrong treatment for elevated cerebral spinal fluid pressure. Helfan’s treating ophthalmologist, Norman Schatz, testified that Helfan is legally blind. He further testified that had Helfan been treated quickly and appropriately, she would have recovered and been cured of her visual loss. The defense’s expert neurologist testified that the spinal tap was performed correctly by Ballweg. He also testified that Ballweg found low cerebral spinal fluid pressure in Helfan when she performed the spinal tap. He noted that Ballweg has been performing spinal taps for more than 30 years. He also testified that the results of the spinal tap were analyzed correctly at Memorial West and that Helfan was diagnosed and treated appropriately. The defense’s neuro-ophthalmologist testified that all of the defendant doctors acted appropriately and the right diagnosis and treatment were given. The defense’s expert ophthalmologist testified that a completely different pre-existing process that was occurring caused Helfan’s sudden vision loss. He testified that elevated cerebral spinal fluid pressure is not a sudden event typically. He testified that sudden visual loss is inconsistent with elevated cerebral spinal fluid pressure. He further testified that the odds are remote that sudden visual loss in any patient is caused by elevated pressure.

Helfan claimed she is legally blind in both eyes and that her peripheral vision loss is permanent. She claims she cannot drive, bumps into things, needs a cane to walk in public, and gets frequent headaches. Helfan sought to recover damages for past and future medical expenses and past and future pain and suffering. Her husband, Barry Helfan, joined the action on a consortium claim. Defense counsel argued that the defendants did not depart from the standard in the care and treatment of Helfan.

The jury found that there was no negligence on the part of the defendants that was a cause of injury to Helfan.

Judge:

Patti Englander Henning

Trial Length:

13
 days

Trial Deliberations:

3
 hours

This report is based on information that was provided by plaintiff’s and defense counsel for Angella, Eye Surgery Associates and Ballweg. Defense counsel for Solomon did not respond to the reporter’s phone calls.