New Jersey Verdicts

Plaintiff(s):

Laura Quinde (Female), 

Richard Quinde (Male), 

Estate of Emmy Quinde (Female, 9 Years)

Plaintiff Attorney(s):

Ernest P. Fronzuto;
Fronzuto Law Group;
Woodland Park,
NJ,
for
Laura Quinde, Richard Quinde, Estate of Emmy Quinde ■ Adam J. Boyle;
Fronzuto Law Group;
Woodland Park,
NJ,
for
Laura Quinde, Richard Quinde, Estate of Emmy Quinde

Plaintiff Expert(s):

P. Li;
M.D.;
Neurology;
Allentown,
PA called by
Ernest P. Fronzuto, Adam J. Boyle ■ Frank Tinari;
Ph.D.;
Economics;
Livingston,
NJ called by
Ernest P. Fronzuto, Adam J. Boyle ■ Daniel Abbott;
M.D.;
Emergency Medicine;
Santa Ana,
CA called by
Ernest P. Fronzuto, Adam J. Boyle

Defendant(s):

Judy, 

Myra, 

Eileen Cuadra, 

Peter Dworsky, 

C. Nandra, EMT, 

Elaine Esparra, 

Joon Minn, M.D., 

Maola Morris, RN, 

Neeru Kohli M.D., 

Ivan Miller, M.D., 

Gerald Bernales, RN, 

Kristy O’Connor, RN, 

Robert Acosta, M.D., 

Belleville Ambulance, 

Crew Member E. Scott, 

Crew Member Lawrence, 

Jeffrey Maiman, M.D., 

Belleville Fire Dept., 

Schymasso, M.V., R.R., 

Florentin A. Turnela, RN, 

Clara Maass Medical Center, 

Monmouth Ocean Hospital Service Corp.

Defense Attorney(s):

Judith A. Wahrenberger;
Wahrenberger & Pietro, LLP;
Springfield,
NJ,
for
Ivan Miller, M.D.

Defendant Expert(s):

David Karras;
Pediatric Neurosurgery;
Philadelphia,
PA called by
Judith A. Wahrenberger ■ Phillip Storm;
Emergency Medicine;
Philadelphia,
PA called by
Judith A. Wahrenberger

Insurer(s):

Coverys Insurance Services for Dr. Miller

On the evening of Aug. 14, 2007, plaintiffs’ decedent Emmy Quinde, 9, experienced a sudden loss of feeling in her face, weakness in her legs, and a headache. She was taken by ambulance to a local emergency room. Upon her arrival, at about 9:30 p.m., Quinde was having seizure activity, but was able to localize pain. She was evaluated and treated by Dr. Ivan Miller, an emergency physician, and by the hospital’s pediatrician and nursing staff. A CT scan of Quinde’s brain confirmed an intracerebral hemorrhage with evidence of increased intracranial pressure. At about midnight, Quinde experienced asystole, which represented either brain death or brainstem herniation, and was resuscitated. Quinde was transferred at about 1:15 a.m. to a hospital with pediatric neurosurgical services and a pediatric intensive care unit. Upon her arrival, at about 1:40 a.m., Quinde’s pupils were dilated and fixed, and soon afterward brain death was confirmed. She was pronounced dead later that day, and an autopsy revealed a ruptured arteriovenous malformation as the cause of the hemorrhage. Richard Quinde, individually and as Executor of the Estate of Emmy Quinde, and Laura Quinde (decedent’s parents) sued Dr. Miller. (Plaintiffs originally named additional hospital entities, doctors, and nurses as defendants, who were either dismissed or settled with plaintiffs confidentially. Plaintiffs proceeded to trial against Miller only.) Plaintiffs alleged that Miller failed to properly treat Emmy Quinde’s condition and delayed in her transfer to the second hospital, which constituted negligence and medical malpractice. Plaintiffs argued that based on the CT scan, it was clear to all involved in decedent’s care that she needed to be urgently transferred to a facility with pediatric neurosurgical services and a pediatric intensive care unit, because Miller’s hospital lacked these capabilities. Plaintiffs argued that decedent was not transferred until over two hours after the results of the brain CT scan were known. Plaintiffs also claimed the emergency department at Miller’s hospital, led by Miller, failed to properly treat decedent’s intracerebral bleeding while she was awaiting transfer. Plaintiffs introduced evidence that allegedly indicated that decedent’s death was the result of Miller’s failure to properly treat her increased intracranial pressure and failure to urgently transfer her to a hospital capable of caring for her immediately after the CT results were known. Miller argued that decedent’s death was the result of a pre-existing condition and not of any negligence. He claimed that the treatment he rendered comported with the requisite standard of care. Miller also asserted that the pediatrician who settled out of the case prior to trial was in charge of making the transfer arrangements. Miller claimed the transfer itself was complicated by an initial unwillingness by the receiving hospital to accept the child and then by delays related to the transport service with which the hospital contracted.

Plaintiffs sought wrongful death damages for loss of decedent’s companionship, advice, and counsel.

The jury ruled in favor of plaintiffs and awarded $497,686 in wrongful death damages. The award was reduced by 50 percent, to $248,843, pursuant to Scafidi v. Seiler. (The jury deemed the death was 50 percent attributable to a pre-existing condition.)

Actual Award:

$248,843

Judge:

Ned M. Rosenberg

Trial Length:

9
 days

Trial Deliberations:

2
 days

Jury Vote:

7-1 on liability, 8-0 on damages

Jury Composition:

3 male/ 5 female

This report is based on information that was provided by plaintiffs’ and defense counsel.