Family Wins Lawsuit Against Nursing Home for Failed CPR
Nathan Wasserberg (73) (deceased) was admitted to Menorah Center for Rehabilitation and Nursing Care (“Menorah”) in Brooklyn after a two month stay at a hospital due to diabetes. His situation was so critical that it led to a toe amputation, sepsis and other critical issues. He was in a really bad state when he was enrolled at Menorah. During his stay, Staff found Mr. Wasserberg in cardiac arrest and unconscious.
They started CPR and contacted 911. EMS revived him and brought him from the nursing home to a hospital in Coney Island, where he died. EMS personnel, who arrived approximately 12 minutes later, discovered that his airway was obstructed by a piece of flesh that they had dislodged at the scene.
The Lawsuit
Menorah became party to a lawsuit filed by the son of Mr. Wasserberg at the Kings County Supreme Court. The plaintiff son claimed in the lawsuit that defendant Menorah's staff was negligent because they failed to check his father's airway when they found him unresponsive. Expert testimony regarding the deceased's awareness of the suffering was presented by both parties during the trial.
Dr. Ahmad Masood, the plaintiff's expert, stated that Mr. Wasserberg responded to pain after being placed on a ventilator at Coney Island Hospital. His brain sustained severe injury as a result of asphyxiation, which prevented him from receiving sufficient oxygen. Dr. Alan Segal, the expert witness for the defendant, testified that the deceased was not conscious, which prevented him from experiencing agony. The Glasgow Coma Scale readings indicated that he was in a coma, and his EEG showed very slow cerebral activity.
The Conclusion
The Kings County jury decided this dispute in favor of the plaintiff son at the conclusion of the trial. The Court concluded that the members of Menorah’s staff who performed CPR on Nathan Wasserberg (deceased) failed to check his airway for an obstruction and therefore were negligent in performing their services.
The jury also determined that this failure was an important factor in the decedent's injuries, and that it was a violation of the acceptable standards of medical care. The plaintiff was awarded $300,000 in damages by the jury for the deceased’s conscious anguish and suffering.
The plaintiff wasn't happy with the jury's decision and wanted to overturn it because he felt the damages awarded were too low against the conscious suffering and pain caused to his father. Admittedly, he also cited strong evidence under CPLR 4404(a). Meanwhile, the defendant filed their own case to dismiss the complaint and reverse the court's decision favoring the plaintiff.
The Appellate Court denied Menorah’s cross motion and validated the trial court’s finding which held that Menorah was negligent during the treatment. Further, the Appellate Court also clarified that a judge can only decide to overturn a jury's verdict if the evidence presented doesn't support any logical reasoning or reasonable conclusions.
The Court also dismissed plaintiff’s request to set aside the jury verdict on the issue of inadequate damages and restricted the damages awarded to $300,000 only. The Court affirmed that the damages awarded do not deviate substantially from what would be considered reasonable compensation.
Medical institutions may sustain substantial reputational and financial losses as a result of medical negligence lawsuits. These cases frequently lead to substantial compensation payments, legal fees, and increased insurance premiums in terms of financial implications. Plaintiffs should also exercise caution and refrain from submitting a motion to set aside a favorable judgment for compensation in a hasty manner.
Sternberg Injury law Firm
If you have suffered the loss of a relative or loved one due to medical malpratice, you can contact the Sternberg Injury law Firm for a free consultation. Our attorneys are well versed in Personal Injury Law and aim to secure the best possible compensation for you. Our firm accepts cases all over New York, including Queens and Brooklyn. When you retain our firm, our attorneys will review the case in detail with you, advise you of your options, and let you know how our firm can be of service. We can be reached by email, text, and sumbmission of our web form. We look forward to hearing from you.