New York Verdicts

Plaintiff(s):

Jizelle Correa (Female, 1 Minute)

Plaintiff Attorney(s):

Randy B. Nassau;
The Fitzgerald Law Firm, P.C.;
Yonkers,
NY,
for
Jizelle Correa

Plaintiff Expert(s):

J. Kirkwood; M.D.; Radiology; Springfield,
MA called by:
Randy B. Nassau ■ Gary Brickner; OB-GYN; Hamilton,
NJ called by:
Randy B. Nassau ■ Daniel Adler; M.D; Pediatric Neurology; Englewood,
NJ called by:
Randy B. Nassau ■ Michael Soudry; Economics; East Hanover,
NJ called by:
Randy B. Nassau

Defendant(s):

Geddis Abel-Bey, 

Payman Paul Jarrahy, 

New York Hospital Queens, 

Dr. Geddis Abel-Bey Jr., M.D., P.C., 

Contemporary OB/GYN Health Care Inc.

Defense Attorney(s):

Gerard J. Marulli;
Marulli, Lindenbaum & Tomaszewski, LLP;
New York,
NY,
for
Geddis Abel-Bey, Dr. Geddis Abel-Bey Jr., M.D., P.C., Contemporary OB/GYN Health Care Inc. ■ Loris Zeppieri;
Kelly, Rode & Kelly, LLP;
Mineola,
NY,
for
Payman Paul Jarrahy ■ Diana M. D’Alessio Di Leo;
Wagner, Doman & Leto, P.C.;
Mineola,
NY,
for
New York Hospital Queens

Defendant Expert(s):

Michael Cabbad;
Fetal Medicine;
Brooklyn,
NY called by:
Gerard J. Marulli

Insurer(s):

Medical Liability Mutual Insurance Co. for Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C.

At 7:24 p.m. on March 29, 2008, plaintiff Jizelle Correa was born. The delivery was performed by obstetrician Dr. Geddis Abel-Bey, at New York Hospital Queens, in the Flushing section of Queens. During the afternoon of March 29, 2008, Jizelle’s mother, Stephanie Barnett, was admitted to the hospital. Barnett’s primary obstetrician, Dr. Payman Jarrahy, was not present, so Barnett was assigned to Abel-Bey. Abel-Bey’s first examination was performed at or near 1:15 p.m. The doctor noted that Barnett was experiencing uterine contractions, and he recorded a 3-centimeter-wide dilation of the uterus. During the ensuing 15 minutes, Abel-Bey noted a progressive increase of the frequency of Barnett’s contractions. The uterus’s dilation increased to 5 centimeters. After 70 minutes had passed, Barnett underwent administration of Pitocin, which enhances the frequency and strength of contractions. Barnett developed uterine tachysystole: excessively frequent contractions. After 40 minutes had passed, Abel-Bey discontinued the administration of Pitocin. After an additional 40 minutes had passed, a monitor reported deep, prolonged decelerations of the beating of the fetus’s heart. After 17 minutes had passed, Abel-Bey administered terbutaline, which decreases the frequency of contractions. A monitor immediately revealed normalization of the beating of the fetus’s heart. Three hours of intermittent intrauterine resuscitation was performed before the delivery was completed. During the minutes that followed Jizelle’s delivery, Abel-Bey performed an Apgar assessment, which measures an infant’s color, its heartbeat, the tone of its muscles, its respiration and its response to stimuli. Each category receives a grade of zero, 1 or 2, and the grades are totaled. A healthy infant typically receives a total grade of 8, 9 or 10. A poor total grade usually indicates that immediate life-saving attention must be undertaken. Jizelle underwent two assessments, and she achieved grades of 8 and 9. After 14 hours had passed, Jizelle experienced a seizure. After six days had passed, a radiological study revealed damage of her brain. Jizelle suffers residual effects that include blindness and spasticity. Barnett claimed that Jizelle’s injury was a result of a preventable event that occurred during the hours that preceded the child’s delivery. Barnett, acting as Jizelle’s parent and natural guardian, sued New York Hospital Queens, Jarrahy, Abel-Bey, and Abel-Bey’s practices, Contemporary OB/GYN Health Care Inc. and Dr. Geddis Abel-Bey Jr., M.D., P.C. Barnett alleged that Abel-Bey and the hospital’s staff failed to properly manage Jizelle’s delivery, that Jarrahy failed to properly manage Barnett’s prenatal care, that the failures constituted malpractice, that Abel-Bey’s practices were vicariously liable for Abel-Bey’s actions, and that New York Hospital Queens was vicariously liable for the actions of its staff. Plaintiff’s counsel discontinued the claim against Jarrahy, and he negotiated a settlement of the claim against New York Hospital Queens. The hospital, which was self-insured, agreed to pay $3 million. The matter proceeded to a trial against Abel-Bey and his practices. Plaintiff’s counsel claimed that Jizelle’s injury was a result of a hypoxic event that occurred during his mother’s labor. Barnett’s expert neuroradiologist opined that radiological studies confirmed that the injury occurred during labor. Barnett’s expert obstetrician opined that Barnett should not have been administered Pitocin, and he also opined that Abel-Bey did not properly monitor the drug’s effects. He further opined that Barnett’s tachysystole should have prompted immediate administration of terbutaline. He contended that Abel-Bey did not timely detect the tachysystole, that the doctor did not timely discontinue Pitocin, and that the doctor did not promptly administer terbutaline. The expert concluded that Abel-Bey departed from accepted standards of medical care. Barnett’s expert neurologist opined that Abel-Bey’s failures caused Jizelle’s injury. Defense counsel contended that Jizelle’s injury occurred before or after labor. He noted that a troubling blood-flow abnormality was revealed by an ultrasonography that was performed during the week that preceded Jizelle’s birth, and he claimed that Barnett’s pregnancy was complicated by hospitalizations that stemmed from infections of her kidneys. He also suggested that Jizelle’s injury could have been a result of a failure to render urgent postnatal care. He noted that the child’s postnatal care was not rendered in an intensive-care setting. The defense’s expert obstetrician opined that an intranatal hypoxic event did not cause Jizelle’s injury. He noted that Barnett’s tachysystole was promptly followed by a normalization of the beating of the fetus’s heart.

Plaintiff’s counsel claimed that Jizelle experienced hypoxia that damaged her brain. Jizelle suffers spastic diplegia, which is a form of cerebral palsy. She suffers near-total blindness; she cannot walk; and her nutrition is delivered via a permanently implanted tube. Her gastrointestinal system does not tolerate conventional food, so her diet entirely consists of a specialized nutritional supplement, EleCare. Plaintiff’s counsel claimed that Jizelle will require aides, wheelchairs, several forms of therapy, specialized education and a specialized vehicle that can accommodate her wheelchairs. He also claimed that Jizelle cannot obtain gainful employment. The parties stipulated that Jizelle’s past medical expenses totaled $1,009,052.36. Jizelle’s mother sought recovery of that amount, Jizelle’s future medical expenses, Jizelle’s future life-care expenses, Jizelle’s future lost earnings, and damages for Jizelle’s past and future pain and suffering.

The jury found that Abel-Bey departed from accepted standards of medical care. It determined that Abel-Bey should not have administered Pitocin, that he did not adequately monitor the fetus’s heart, that he did not timely administer terbutaline, and that he did not promptly and properly address Barnett’s tachysystole. It further determined that Abel-Bey’s departures were a substantial cause of Jizelle’s injury. The jury also found that New York Hospital Queens’ staff departed from an accepted standard of medical care, but it determined that the departure did not contribute to Jizelle’s injury. Thus, Abel-Bey and his practices were entirely liable for Jizelle’s injury. The jury found that Jizelle’s damages totaled $52,606,017.20. The stipulated medical expenses totaled $1,009,052.36, and the pretrial settlement yielded $3 million. Those amounts, added to the verdict, produced a total of $56,615,069.56. The jury also calculated future-value projections. Plaintiff’s counsel claimed that the projections produce a future value of $135,169,389.90.

Jizelle Correa: $2,297,517 Personal Injury: Future Lost Earnings Capability; $1,500,000 Personal Injury: Past Pain And Suffering; $10,000,000 Personal Injury: Future Pain And Suffering; $1,170,000 Personal Injury: future cost of EleCare; $31,536,000 Personal Injury: future cost of nursing care; $700,000 Personal Injury: future cost of specialized education; $4,860,000 Personal Injury: future cost of therapy; $450,000 Personal Injury: future cost of wheelchair-accessible vehicles; $91,000 Personal Injury: past cost of EleCare; $1,500 Personal Injury: past cost of wheelchairs

Actual Award:

$56,615,069.56

Judge:

Leonard Livote

Demand:

$2,300,000 (total, from Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C.; insurance coverage’s limit)

Offer:

None (Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C.)

Trial Length:

11
 days

Trial Deliberations:

5
 hours

Jury Composition:

3 male/ 3 female

Post Trial:

The liable defendants’ counsel has moved to set aside the verdict.

This report is based on information that was provided by plaintiff’s counsel and counsel of Abel-Bey, Contemporary OB/GYN Health Care and Dr. Geddis Abel-Bey Jr., M.D., P.C. Additional information was gleaned from court documents. The remaining defendants’ counsel did not respond to the reporter’s phone calls.