Napoli, Kaiser & Bern Win $15 Million Award for Infant Plaintiff

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The Napoli, Kaiser & Bern law firm have won a $15 Million jury award in favor of an infant client, Sohail Pinto.

The Napoli, Kaiser & Bern law firm have won a $15 Million jury award in favor of an infant client, Sohail Pinto. On April 1, 2005, Hon. Martin J. Shulman, of the Supreme Court of New York, Queens County, upheld the $15 Million verdict in favor of the infant plaintiff. The verdict was taken before him on June 4, 2003. Jeffrey A. Guzman, Esq., of Napoli, Kaiser & Bern, LLP represented the infant plaintiff.

Sohail Pinto, was born by cesarean section on November 24, 1992. After undergoing blood tests it was revealed that the infant had an infection. The infant was then transferred to a special care nursery and treated for the infection with Penicillin G. This treatment continued with the same dosage of Penicillin G being given twice a day intravenously. On the morning of December 1, 1992, defendant Dr. Michael Iordanou intravenously administered a dosage of Penicillin G. The infant went into cardiac arrest, and required resuscitation for 20 minutes. As a result, the infant suffered brain damage.

The plaintiffs’ theory at trial, based upon the testimony of an expert, was that Iordanou administered a potassium-based form of Penicillin G too rapidly, which caused the infant’s cardiac arrest. Although there was no direct evidence as to whether the Penicillin G administered to the infant was potassium-based or sodium-based, the plaintiffs’ expert concluded that it was potassium-based. The conclusion was based upon the infant’s swift reaction to the injection, the infant’s resistance to resuscitation and other factors.

Based upon a note made by Iordanou and the testimony of their experts, the defendants contended that the infant’s cardiac arrest was secondary to the aspiration of formula that blocked the infant’s airway.

At the conclusion of a 4 week trial, the jury rendered a verdict in favor of the infant-plaintiff and awarded $2 million for past pain and suffering, $4 million for future pain and suffering, $4 million for future medical expenses, $2 million for future lost earnings and $3 million for future custodial care. The parties agreed that the defendants could make a written motion pursuant to CPLR 4404 within 30 days of the date of the verdict. On January 16, 2004, the plaintiffs moved to enter judgment. By cross-motion filed February 10, 2004, the defendants sought to set aside the verdict on liability and damages, and various alternate forms of relief.

In upholding the verdict, Justice Shulman decided that the defendants failed to move timely pursuant to CPLR 4404. Additionally, he decided that plaintiffs adduced sufficient evidence at trial from which the jury could rationally conclude that the defendants departed from accepted medical practice in the administration of the penicillin at issue and that said departure was the proximate cause of the infant’s injuries.

About Napoli, Kaiser & Bern

Napoli, Kaiser & Bern, LLP is a law firm experienced in prosecuting personal injury actions on behalf of its clients. The firm’s litigation practice is focused on mass tort, medical malpractice, products liability, and negligence actions. Their office has been instrumental in the development of new law in the area of personal injury law and consumer rights. Napoli, Kaiser & Bern has law offices in New York City, New Jersey, Philadelphia and Oklahoma. For more information visit or call 1-888-LAW-IN-NY.

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Paul J. Napoli
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