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Friedberg and Shapiro Secure Defense Verdict in CVA MedMal Case

June 26, 2018

Alan Friedberg (Partner-White Plains) and Gregory Shapiro (Associate-White Plains) secured a defense verdict in Bronx Supreme Court in a medical malpractice case representing a hospital and the chief of thoracic surgery, who allegedly caused a severe cerebral vascular accident (CVA). The plaintiff, a 48-year-old foodservice worker and father of three underwent a mediastinoscopy, a diagnostic operation to remove pieces of lymph node and lung tissue to determine if he had cancer or sarcoidosis, an inflammatory disease. The plaintiff claimed the surgery resulted in a dissection of the left internal carotid artery causing a massive left-sided brain infarct, leaving him with right hemiplegia, inability to speak and cognitive dysfunction.

Plaintiff’s expert, a cardiologist, claimed that the operation caused too much lateral pressure on the strap muscles, which were retracted from the middle of the neck causing pressure on the carotid artery resulting in a dissection, which manifested in the stroke six weeks later. Alan and Greg produced experts in thoracic surgery and neuroradiology to identify the location of the dissection and show that the area of lateral traction placed by the surgeon was more than four inches from the area of dissection and, from an anatomical point of view, very distant from the area of injury. Further, they produced a neurologist to substantiate that a traumatic dissection would manifest within days, not weeks. The jury rendered a verdict on behalf of the thoracic surgeon and the employer hospital in four hours. Alisha Perkins (Paralegal-White Plains) rendered substantial assistance in preparing the case.

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