$800,000 Verdict Against Queens County Vascular Surgeon Upheld

On September 14, 2022 an appellate court agreed with a Queens County jury that awarded $800,000 for past pain and suffering to a patient of a vascular surgeon. The patient was admitted to North Shore University Hospital and underwent a CT scan which revealed a large mass in her chest. A biopsy of the mass proved it was lymphoma which required chemotherapy for treatment. A mediport was surgically implanted in the patient's chest and connected by a catheter to the subclavian vein to allow for the injection of the medications, including Adriamycin which can be caustic and burn surrounding tissues. Unfortunately, the "Huber" needle used to administer the medications became displaced and Adriamycin was infused into the surrounding tissues causing the plaintiff's injuries.

The jury specifically found that the vascular surgeon departed from accepted standards of care "by failing to send the plaintiff to interventional radiology once the mediport was accessed in order to confirm that the Huber needle was adequately positioned"-  which would have avoided the injury to plaintiff. The vascular surgeon's motion to set aside the verdict was denied by the trial court in 2017 and the appellate court agreed. It was emphasized that the jury fairly considered the conflicting experts testimony and reasonably accepted plaintiff's expert opinion. Apparently the vascular surgeon also argued that displacement of the needle could have occurred anyway, even if interventional radiology confirmed the original placement (The classic physician's "So What" causation defense).The Second Department held: the failure to  interventional radiology to confirm the original placement of the needle "diminished the plaintiff's chance of a better outcome." Grullon v Eric Presser, M.D., 2022 N.Y. Slip Op. 05154

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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