New Jersey Verdicts

Plaintiff(s):

Daniel Torres (Male, 34 Years), 

Jennifer Urbano (Female)

Plaintiff Attorney(s):

Jeffrey E. Strauss;
Strauss Law Offices, LLC;
Westfield,
NJ,
for
Daniel Torres, Jennifer Urbano

Defendant(s):

Naveen Ballem M.D., 

Rao V. Ballem M.D., 

HackensackUMC Mountainside

Defense Attorney(s):

Renee J. Sherman;
Ruprecht Hart Weeks & Ricciardulli, LLP;
Westfield,
NJ,
for
Rao V. Ballem M.D. ■ E. Burke Giblin;
Giblin & Combs, LLC;
Morristown,
NJ,
for
Naveen Ballem M.D.

Insurer(s):

Princeton Insurance Co. for defendants

On March 24, 2009, plaintiff Daniel Torres, 34, an IT engineer, had a laparoscopic cholecystectomy (gallbladder removal) performed by Dr. Naveen Ballem, a general surgeon, at HackensackUMC Mountainside hospital (also known as Mountainside Hospital) in Glen Ridge. Ballem’s father, Dr. Rao V. Ballem, assisted in the surgery. The following day, Torres began experiencing severe pain and exhibited jaundice. He was diagnosed with an unspecified bile-duct obstruction and transferred to University Hospital in Newark. On March 30, 2009, Torres had a laparotomy to repair damage to the common hepatic duct, which was clipped during the laparoscopic cholecystectomy. The surgery was successful in repairing the duct; however, Torres suffered a subsequent bowel obstruction caused by surgical scar tissue. He required another surgical procedure in which his intestines were removed, and then replaced, to clear the obstruction. In addition to the bowel obstruction, Torres suffered from strictures from the initial clipping of the common hepatic duct. This required stenting and stent replacements through a procedure known as ERCP (endoscopic retrograde cholangiopancreatogram) under anesthesia, which occurred on several occasions. Torres claimed he stopped treating in June 2011, when the strictures seemed to have resolved. He asserted, however, that due to the surgeries to repair the clipped duct and to resolve other surgical problems, he developed a large incisional hernia that required open surgical repair, also spawning surgical complications, which was resolved by an additional abdominal surgery. Torres stated that he has since primarily healed with some residuals. Torres sued Naveen Ballem, Rao Ballem, and HackensackUMC Mountainside hospital (the hospital was dismissed early in the proceedings), alleging medical malpractice. He contended that Naveen Ballem negligently clipped, and essentially crushed, his common hepatic duct during the laparoscopic cholecystectomy on March 24, 2009. He claimed Ballem did not notice the surgical error intra-operatively, and instead closed up the surgical sites. Torres asserted that the actions of both doctors deviated from the medical standard of care. Defendants disputed liability, arguing that their actions were not negligent and did not deviate from the medical standard of care. They maintained that the intra-operative clipping of the common hepatic duct was a known risk and complication of the surgery. They further contended that this particular surgery was very difficult due to heavy bleeding and inflammation, and that in Naveen Ballem’s attempt to clip the bleeder, he accidentally clipped the common hepatic duct and could not visualize the error due the heavy bleeding and inflammation.

Torres claimed that while he ultimately made a fairly good recovery from the surgeries and subsequent complications, he is now at an increased risk for future obstructions, specifically stricture of ducts. He claimed $288,961 in past medical costs and further sought damages for pain and suffering. His wife, Jennifer Urbano, filed a loss of consortium claim. Defendants did not dispute Torres’ damages, but contended that he made a good recovery.

The jury found Naveen Ballem negligent, but rendered a defense verdict as to Rao Ballem. Plaintiffs were awarded $1,310,961 in total damages against Naveen Ballem.

Daniel Torres: $288,961 Personal Injury: Past Medical Cost; $1,012,000 Personal Injury: Compensatory Damages; Jennifer Urbano: $10,000 Personal Injury: Per Quod

Actual Award:

$1,338,871.86

Judge:

Thomas R. Vena

Trial Length:

9
 days

Trial Deliberations:

8
 hours

Jury Vote:

5-1 against Dr. Naveen Ballem, 6-0 on damages

Jury Composition:

2 male/ 4 female

Post Trial:

Plaintiffs were awarded pre-judgment interest, for a total recovery of $1,338,871.86.

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.