Displaced Needle Results in Pain, Suffering, and a Lawsuit
In March of 2009, Ms. Rakefet Grullon was admitted to North Shore University Hospital in Manhasset. She was admitted due to the sudden onset of symptoms, which included fatigue, difficulty breathing, and neck swelling. During a CT scan, the doctors found a severely enlarged mass in the middle of Ms. Grullon’s chest. On biopsy, Ms. Grullon was diagnosed with lymphoma. Ms. Grullon, who was 33 years old at the time, was administered chemotherapy through a mediport that was implanted in her chest. A combination of medication was accessed from the mediport through a needle. The mediport was administered by a chemotherapy-certified nurse, with the assistance of Mr. Eric R. Presser who was a doctor. Pre-medication and chemotherapy medication were administered through the needle for over thirty minutes. The medications included Adriamycin, which has the potential to burn and damage any tissue that it comes in contact with. Ms. Grullon complained of burning shortly after the nurse initiated the administration of Adriamycin. The nurse promptly stopped administering the medication. Upon review it was determined that the needle was displaced and Adriamycin was infused in Ms. Grullon’s tissue surrounding the mediport. As a result, Ms. Grullon had chemical burns and tissue damage. Her chest also had purple-red discoloration of skin. She dealt with a lot of emotional discomfort and pain, due to which she had to take Neurontin. Subsequently, Ms. Rakefet Grullon filed a lawsuit against Thoracic Surgical, P.C. and Mr. Presser.
The Lawsuit
The parties could not agree on a settlement and the case went forward in the Queens County Supreme Court. Ms. Grullon and the Defendants provided their testimonies and medical evidence. Ms. Grullon’s medical expert testified that the Defendant, Mr. Presser, was negligent in not sending Ms. Grullon for interventional radiology to ensure that the needle was correctly placed. According to the medical expert, the outcome of the procedure carried out on Ms. Grullon would be much safer and accurate, if Mr. Presser had suggested interventional radiology. Ms. Grullon testified that the affected area was extremely painful during the first year, but it had gradually improved since then, with less pain experienced on a daily basis. She also claimed that she had limitations in the range of motion and strength of her right arm.
Based on this, the jury determined that the Defendants violated the standards of good and accepted medical practice by failing to refer Ms. Grullon to interventional radiology to verify that the needle was properly positioned. Ms. Grullon was awarded $800,000 (for past 8 years only) in pain and suffering damages by the jury. Ms. Grullon never asserted a claim for future pain and suffering damages.
The Defendants, in a post-trial motion, challenged the jury verdict. Their argument was that the evidence provided by Ms. Grullon was not compelling enough to enter a judgment against them. Based on this, the Defendants requested for a judgment to be entered in their favor and for Ms. Grullon’s complaint to be dismissed. The Defendants also argued that the pain and suffering damages were excessive and should be reduced. The Trial judge upheld the jury’s decision and found the Defendants liable. Further, it was determined that the pain and suffering award was excessive and should be reduced to $200,000. The Defendants once again appealed this decision.
The Appeal
In Grullon v. Thoracic Surgical, P.C., the appellate court found that there was no evidence to support her claims made for her right arm, reduced range of motion or strength. The Defendants continued to argue that the past pain and suffering damages awarded to Ms. Grullon were excessive. Based on the review of evidence provided by both parties and existing cases in medical malpractice, The appellate court upheld the decision of the trial judge by affirming the liability of the Defendants and awarding Ms. Grullon $200,000 in pain and suffering damages.
Sternberg Injury Law Firm
The Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury and medical malpractice cases. We are capable of accepting cases in all regions of Long Island, including Port Washington and Roslyn. Our firm offers free consultations to all individuals who have been injured and their families who wish to provide support. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. Our team is dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. Feel free to contact us today via our website, email, or phone call.