On October 12, 2023, Chuck Faillace obtained a defense verdict (unanimous) in a hard-fought near month-long medical malpractice trial in Supreme Queens before J. Maurice Muir. A Frye hearing (J. Catapano-Fox) went in plaintiff’s favor on a damage-only issue on May 1, 2023. The trial was, very unusually, bifurcated upon defense motion so only liability was at issue. Plaintiff called four liability experts; the defense had two liability experts. There were near daily motions in limine.
The claim was against a major metropolitan hospital and a Critical Care Attending involving a then 51-year-old plaintiff who presented with a severe asthma attack requiring intubation and sedation. When off sedation, she had a severe right antecubital fossa lesion that plaintiff claimed was from a burn due to improper administration of potassium chloride. The defense successfully proved that there was no IV in the right antecubital fossa and therefore there could not be an improper infusion. Instead, the lesion was from long-term steroid use, friable skin and blistering.
The damage claim, although not at issue, was brain damage from complex regional pain syndrome [“CRPS”]; plaintiff had seven additional experts on those claims. Plaintiff’s counsel specializes in traumatic brain injury; the demand was $8,000,000.