$2,250,000 Settlement - NYC Medical Malpractice Claim

Ischemic Stroke Resulting in Significant Cognitive Deficits

Prior to trial, Wingate, Russotti, Shapiro & Halperin partner Philip Russotti obtained a $2,250,000 settlement in a medical malpractice case involving a man who suffered a stroke as a result of his internist's prior failure to diagnose and treat a heart attack.

Our client, a 51 year old man, first saw the defendant internist in February 2007 for treatment of hypertension. An EKG was performed and was essentially found to be normal.

During another visit one year later in February 2008, our client complained of having an episode of chest pain one week earlier. Another EKG was performed which was interpreted by the defendant internist as showing no changes. However, the EKG did in fact demonstrate significant changes as compared to the February 2007 EKG. These changes suggested that our client had suffered a heart attack in the interim. However, because these changes were not diagnosed, no further workup or treatment was rendered at that time.

In December 2009, our client suffered from an ischemic stroke, which resulted in significant cognitive deficits. As a result, our client has since been unable to resume employment in the financial industry and sustained significant loss of earnings.

During litigation, Phil alleged that the defendant internist negligently misinterpreted our client's February 2008 EKG and failed to diagnose changes consistent with a heart attack. Phil further contended that these EKG changes required that plaintiff undergo a nuclear stress test, which he claimed would have likely diagnosed a heart attack and ischemia. Phil contended that our client likely would have then undergone cardiac catheterization and would have been started on a course of medication, including plavix and aspirin. Phil also contended that treatment with aspirin alone would have substantially reduced our client's risk of subsequently developing a stroke.

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