Queens Jury Finds Against Orthopedist and Awards $1,050,000 For Meniscal & Ligament Tears Requiring Future Knee Replacement
On May 23, 2018, a 47 year old ice cream truck operator won a jury verdict against an orthopedist and the New York Health & Hospitals Corporation for malpractice which occurred at Elmhurst Hospital Center four years earlier. The defendant's filed a motion for summary judgment before the trial seeking dismissal of the malpractice claim but lost. The Court held that there was conflicting medical evidence which entitled plaintiff to a jury trial. (Plaintiff's res ipsa loquitur theory was dismissed). It was claimed that the plaintiff was undergoing a course of physical therapy when an orthopedist, David Bressler, M.D., improperly manipulated the plaintiff's left knee causing multiple meniscal and ligament tears, and a trabecular fracture which led to multiple surgeries on the knee. The plaintiff also claimed that he now limps because of the negligent manipulation of his knee.
Part of the jury verdict included $200,000 for future knee replacement surgeries and $150,000 for future physical therapy, equipment and medications. The plaintiff received $100,000 for past pain and suffering and $500,000 for his future pain and suffering. His wife was compensated with an award of $100,000 for her loss of services claim. Osorio v NYCHHC, 2018 WL 3302307