New York Verdicts

Amount:

$480,000

Type:

Verdict-Plaintiff

State:

New York

Venue:

Bronx County

Court:

Bronx Supreme

Injury Type(s):

Case Type:

Medical Malpractice – OB-GYN, Surgical Error, Gynecological Surgery

Case Name:

Ana Vega v. Luba Soskin M.D. Bronx-Lebanon Hospital Center L

Date:

May 22, 2013

Plaintiff(s):

Ana Vega (Female, 43 Years)

Plaintiff Attorney(s):

Mark A. Eskenazi;
Law Offices Mark A. Eskenazi, LLC;
Bronx,
NY,
for
Ana Vega

Plaintiff Expert(s):

Robert Breitstein M.D.;
Gynecology;
New York,
NY called by:
Ana Vega

Defendant(s):

Luba Soskin, 

Bronx-Lebanon Hospital Center

Defense Attorney(s):

Jeffrey M. Judd;
Shapiro, Beilly & Aronowitz, LLP;
New York,
NY,
for
Luba Soskin, Bronx-Lebanon Hospital Center ■ John D. Paterniti;
Shaub, Ahmuty, Citrin & Spratt LLP;
New York,
NY,
for
Luba Soskin, Bronx-Lebanon Hospital Center

Defendent Expert(s):

Vincent D’Amico Gynecology;
White Plains,
NY for
Luba Soskin, Bronx-Lebanon Hospital Center

Insurer(s):

Medical Liability Mutual Insurance Co.

On June 19, 2008, plaintiff Ana Vega, 43, a bus matron, underwent a hysterectomy. The procedure was performed by gynecologist Dr. Luba Soskin, at Bronx-Lebanon Hospital Center, in the Bronx. After two days had passed, a doctor determined that Vega was suffering an obstruction of her left ureter. The obstruction caused damage of Vega’s bladder, and it necessitated extensive treatment. Vega claimed that the obstruction was a result of an injury that occurred during the hysterectomy. Vega sued Soskin and Bronx-Lebanon Hospital Center. Vega alleged that Soskin and the hospital’s staff failed to properly perform the hysterectomy. Vega further alleged that the failures constituted malpractice. Vega’s counsel noted that a hysterectomy requires clamping and/or suturing of the patient’s uterine arteries. He also noted that mere millimeters separate those arteries and the ureters. He suggested that Vega’s injury was a result of a misapplication of a clamp. Vega’s counsel further noted that a radiologist discovered that Vega’s left ureter displayed a deformity whose shape resembled that of a bird’s beak, and Vega’s counsel claimed that the deformity’s shape suggested that it was created by the specific clamp that Soskin used. Vega’s counsel also claimed that Vega’s injury could have been a product of a failure to identify and protect her ureters. The hospital’s records indicated that the arteries were clamped and sutured before the ureters had been identified. Vega’s expert gynecologist contended that the ureters must be identified before arteries are clamped and/or sutured, and he opined that the reversed sequencing constituted a departure from an accepted standard of medical care. The expert acknowledged that Vega’s injury was an accepted risk of the surgery that Soskin performed, but he opined that Soskin did not mitigate that risk. Judge Alexander Hunter Jr. dismissed the claim against Bronx-Lebanon Hospital Center. The trial continued against Soskin. Soskin noted that she has performed many hysterectomies, and she claimed that she always ensures that the patient’s ureters have been identified before she commences the clamping and/or suturing of arteries. She claimed that the proper sequence was utilized during Vega’s surgery, and she suggested that an assisting doctor may have erroneously documented the sequence of events. She also claimed that the surgery was complicated by the presence of fibroids that distorted Vega’s anatomy. The defense’s expert gynecologist opined that Soskin properly performed the hysterectomy, and he contended that Vega’s injury was an accepted risk of the procedure. Soskin also contended that she may not have caused the damage of Vega’s left ureter. She claimed that the damage could have been caused by a kink of the vessel. Defense counsel also suggested that the damage could have been inflicted during subsequent treatment that a urologist administered.

On June 21, 2008, a doctor determined that Vega was suffering an obstruction of her left ureter. Vega underwent four cystoscopies, which involved endoscopic exploration of her urinary tract. She also underwent implantation of two stents that stabilized her damaged ureter. Vega subsequently developed a vesicovaginal fistula: a fistula that connects the bladder and the vagina. She claimed that the fistula was a result of the damage of her left ureter. The fistula was repaired via surgery that was performed in December 2008. Vega claimed that she experienced minor residual incontinence. She also claimed that her injury and convalescence prevented her performance of many months of work. She bears a residual scar of her abdomen, and she claimed that she suffers residual pain and limitations. The parties stipulated that Vega’s medical expenses totaled $37,534. They also stipulated that her lost earnings totaled $8,554. Vega sought recovery of those amounts and a total of $1.3 million for past and future pain and suffering. Defense counsel contended that Vega achieved a good recovery. He claimed that her residual pain and limitations are not permanent. He also claimed that fistulas and incontinence are accepted by-products of a hysterectomy.

The jury found that Soskin departed from an accepted standard of medical care. It determined that Vega’s damages totaled $480,000. Hunter added $46,088, which represented the stipulated damages. Thus, Vega’s recovery totaled $526,088.

Ana Vega$280,000 Personal Injury: Past Pain And Suffering$200,000 Personal Injury: Future Pain And Suffering

Actual Award:

$526088

Judge:

Alexander W. Hunter Jr.

Demand:

$650,000 (from Soskin)

Offer:

None

Trial Length:

10
 days

Trial Deliberations:

5
 hours

Jury Vote:

6-0

Jury Composition:

2 male/ 4 female

Post Trial:

The parties negotiated a settlement. Terms were not disclosed.

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