Michael Grady (Partner-White Plains, NY), Siobhainin Funchion (Of Counsel-White Plains) and Lauren Santucci (Associate-White Plains) obtained a unanimous verdict in Dutchess County Supreme Court on behalf of Wilson Elser's client, a hospital. The plaintiff, 29 years old at the time, alleges our client and the co-defendant emergency room physician failed to recognize signs and symptoms of compartment syndrome of the left arm following a biceps repair procedure by the co-defendant orthopedic surgeon, leading to a delay in treatment and permanent disability of his arm. The plaintiff also alleges the orthopedic surgeon negligently caused and failed to promptly assess and diagnose the operative complication. Michael and the emergency room physician's counsel argued that the plaintiff was appropriately examined and evaluated in the emergency department and that his signs and symptoms were consistent with post-operative pain versus compartment syndrome. The plaintiff's demand at trial was $10 million. The three-week jury trial resulted in a unanimous verdict for our client and the emergency room physician. The jury did, however, render a verdict against the orthopedic surgeon.
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