New York Verdicts
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Verdict-Defendant
State:
New York
Venue:
Westchester County
Court:
Westchester Supreme
Injury Type(s):
eye eye-retina; torn
sensory/speech-blindness; one eye
Case Type:
Medical Malpractice – Eye Surgery, Surgical Error, Ophthalmologist, Informed Consent
Case Name:
Anthony P. Massa v. Westchester Medical Group P.C.; and Dr. Steven Zabin,
No. 23285/09
Date:
June 13, 2013
Plaintiff(s):
Anthony P. Massa (Male, 87 Years)
Plaintiff Attorney(s):
Robert O. Corini;
Corini & Weiss;
New Rochelle,
NY,
for
Anthony P. Massa
Defendant(s):
Steven Zabin,
Westchester Medical Group P.C.
Defense Attorney(s):
Andrew M. Neubardt;
Heidell, Pittoni, Murphy & Bach, LLP;
White Plains,
NY,
for
Steven Zabin, Westchester Medical Group P.C.
Insurer(s):
Medical Liability Mutual Insurance Co. for both defendants
On April 23, 2007, plaintiff Anthony Massa, an 87-year-old man who suffered diabetes, underwent surgery that addressed his left eye. The procedure was performed by ophthalmologist Dr. Steven Zabin. The doctor intended to remove the eye’s lens, which was marred by a cataract, but the procedure was aborted when the lens shifted to an unreachable position in the vitreous matter, which is the clear gel that fills the space that lies between an eye’s lens and retina. During the hours that followed the aborted surgery, a specialist determined that Massa was suffering a tear of his left eye’s retina. The injury occurred during the surgery that Zabin performed, and it caused permanent damage. Massa sued Zabin and Zabin’s practice, Westchester Medical Group P.C. Massa alleged that Zabin failed to properly perform the surgery, that Zabin did not obtain informed consent to the procedure, that Zabin’s failures constituted malpractice and that Westchester Medical Group was vicariously liable for Zabin’s actions. Massa‘s expert ophthalmologist opined that Zabin did not properly perform the surgery. She opined that the wound occurred after the eye’s lens had slipped into the vitreous matter, and she contended that Zabin should not have disturbed the vitreous matter. She further contended that Massa‘s wound displayed jagged edges that suggested an incorrect method of operation. Massa‘s expert also opined that Zabin did not recognize anatomical complications that stemmed from factors that included Massa‘s age, diabetes and use of medication, Flomax, that affects a muscle of the eye. Massa claimed that Zabin had not disclosed that those factors could have caused complications. Thus, his counsel argued that Zabin did not obtain informed consent to the surgery. Zabin contended that he properly performed the surgery. He claimed that he did not disturb the eye’s vitreous matter.
Massa sustained a tear of his left eye’s retina. He underwent four surgeries, but he suffers permanent damage. His left eye has been deemed legally blind. Massa sought recovery of a total of $500,000 for past and future pain and suffering.
The jury rendered a defense verdict.
Judge:
William J. Giacomo
Demand:
$300,000 (total, from both defendants)
Offer:
None
Trial Length:
6
days
Trial Deliberations:
2.5
hours
Jury Vote:
6-0
This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.