Botched Surgical Procedure Leads to Death and Lawsuit

In June of 2009, the late Ms. Patricia Jones was having persistent neck pain and numbness in her fingers and arms. Due to the ongoing pain, she visited her family physician, Dr. Lorah who then referred her to Hudson Valley Neurosurgical Associates. Dr. George Alexaner Jones and Dr. Daniel Evan Spitzer were employed there. Ms. Jones sought consultation with Dr. Jones, who advised her to undergo an elective cervical laminectomy, a procedure where doctors were to remove the back portion of a vertebra in Ms. Jones’ neck to make more space in her spinal canal. The surgery was scheduled for August 18, 2009, at Good Samaritan Hospital. Dr. Jones and Dr. Spitzer performed the surgical procedures. Dr. Li Huang and Dr. Jeffrey W. Degen supervised and monitored remotely. Right after the surgery was completed, Ms. Jones complained of being very stiff and lied upright in her bed. She became lethargic and continuously complained about being in unbearable pain. She had an extremely low blood pressure of 50/42. A physician was called at 8:00 P.M, and around 10:15 P.M. Dr. Degen was called for a CT scan. At 11:00 P.M. another neuroradiologist, Dr. Dubovsky, reviewed scans and suspected epidermal hematoma, a condition possibly caused by an internal injury during the surgery. This injury led to excessive internal bleeding and collection of blood between Ms. Jones’ skull and her brain membrane. Dr. Degen arrived at the hospital at the same time and ordered an MRI at 12:05 A.M. The MRI was not conducted until 9:00 a.m. the following morning. None of the treating physicians followed up on it. Unfortunately, Ms. Jones was paralyzed and subsequently died. The lawsuit was filed by Ms. Jones’ husband and was filed against Dr.’s George Alexaner Jones, Daniel Evan Spitzer, Daniel E. Spitzer, Jeffrey W. Degen, Li Huang. Also listed as defendants were Hudson Valley Neurosurgical Associates, Hudson Valley Brain and Spine Surgery, Aion J. Lumbley, Caterina Cozzi, Ramapo Radiology Associates, and Good Samaritan Hospital.

The Lawsuit

In the subsequent malpractice claim, Ramapo Radiology Associates and Good Samaritan Hospital settled for a total of $11.8 million (Radiologists and Radiology PC was $5.6 million and the nurses and the hospital were $6.2 million). During the jury trial, Mr. Jones contended that the Defendants were negligent. Mr. Jones’ medical expert confirmed Dr. Dubovsky’s findings concerning epidermal hematoma. The expert later testified that the Defendants used the incorrect surgical approach, missed critical issues like critical nerve damage, did not act on CT scans, and did not perform MRIs or any necessary follow-up surgeries. Defendants failed to prevent Ms. Jones’ paralysis and address post-surgery complications such as low blood pressure. Based on this testimony, the full-time attendant, Ms. Armstrong was also added as a defendant in the lawsuit for failing to notify the doctors about Ms. Jones’ blood pressure dropping below 120/80. Defendants did not present any expert witnesses. Based on Mr. Jones’ expert testimony and the medical records, the jury found both treating physicians, the registered nurses, and the full-time attendant liable. In 2019, Mr. Jones was awarded $20 million in pain and suffering ($10 million each for past and future), $10 million for loss of consortium with his wife ($5 million each for past and future loss), pecuniary damages of $800,000 for past lost earnings, $79,397.72 for future lost earnings (three years) and approximately $15 million for future expenses. Total liability was apportioned between Dr. Jones (25%), Dr. Spitzer (25%), Ms. Aion J. Lumbley (15%), Ms. Caterina Cozzi (5%), and Ms. Armstrong (30%). The Defendants requested a new trial or a reduction of damages under CPLR 4404(a) in November 2019, citing insufficient evidence and damages being excessive. In post-trial motions, the trial judge in Jones vs. Jones dismissed all grounds, with the exception of reducing damages on its assessment of similar cases. On July 10, 2023, the consortium damages were reduced to $500,000 (past) and $1 million (future), and pain and suffering awards were reduced to $2 million (past) and $4 million (future).

The Appeal

On August 9, 2023, Mr. Jones filed an order to show cause seeking leave to reargue Court’s decision and order with respect to consortium and pain and suffering damages. On that same date, Defendants filed separate motions to reargue that portion of the JuIy 2023 order with respect to future economic damages. On April 11, 2024, the Court denied Mr. Jones’ motion to reargue with respect to loss of consortium damages but granted the motion with respect to pain and suffering damages. The Court acknowledged that it misapplied the law with respect to pain and suffering damages and revised the said damages to $four million (past) and $six million (future). As of April of 2024, the case is still under appeal.

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