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Duffy & Duffy, PLLC Secures $2.6 Million Verdict for Severely Injured Client
  • USA - English


News provided by

Duffy & Duffy, PLLC

Jul 02, 2013, 03:00 ET

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Uniondale, NY (PRWEB) July 02, 2013 -- Duffy & Duffy, PLLC (http://www.duffyduffylaw.com) a leading law firm dedicated to medical malpractice and personal injury practice today announces a $2.6 Million verdict in the Supreme Court of the State of New York County of Nassau for their client, Ms. Linda Schrank, who was severely injured due to the defendant doctor, Gilbert Lederman’s negligence. This resolves the case of Schrank v. Lederman, index no. 20903/06, date of publication herewith June 25, 2013.

According to court documents, this New York medical malpractice case involved Ms. Schrank, a 50-year-old woman who was diagnosed with a large acoustic neuroma, a non-cancerous brain tumor of the vestibulocochlear nerve (i.e., the 8th cranial nerve which is responsible for the sense of hearing, balance and body position) in June of 2002. Ms. Schrank initially consulted with a neurosurgeon who recommended surgery to remove the tumor. However, shortly thereafter, she consulted with Dr. Gilbert Lederman who at that time was the Director of Radiation Oncology at Staten Island University Hospital (“SIUH”). Despite the large size of the tumor, Dr. Lederman informed Ms. Schrank that she was a candidate for fractionated stereotactic radiotherapy (FSR) that utilizes beams of radiation to stop or arrest the growth of the tumor.

Court documents further state that over the course of a two-week period in August and September of 2002, FSR was administered to Ms. Schrank at SIUH under the direction of Dr. Lederman. After the completion of the FSR, periodic brain imaging studies were performed in order to monitor the effectiveness of the treatment in accordance with the orders of Dr. Lederman. Between August of 2002 and October of 2004, Ms. Schrank had no clinical symptoms due to the brain tumor other than hearing loss in her right ear. During this period of time, she underwent head/brain CT scans in accordance with prescriptions issued by Dr. Lederman that revealed that her acoustic neuroma had grown in size despite the FSR and was compromising vital structures in the brain, including the 4th ventricle and the brainstem. However, Dr. Lederman did not refer Ms. Schrank to a neurosurgeon.

Thereafter, in early 2005, Ms. Schrank started to develop clinical symptoms due to the growing tumor, including right facial weakness and loss of balance. Brain imaging studies revealed that the tumor was hydrocephalus with brain stem compression. Dr. Lederman finally referred Ms. Schrank to a neurosurgeon who performed the brain surgeries over the course of some 3 months that were complicated by the large size of the tumor along with the prior radiation treatment. Tragically, Ms. Schrank was left permanently disabled with a right facial paralysis, loss of vision in her right eye and an inability to walk without assistance due to a total loss of balance.

The ten-day trial concluded with one day of jury deliberations. According to the verdict sheet, Plaintiff Schrank was awarded $2,444,718 million dollars in economic and non-economic damages from his medical malpractice injuries, including $800,000 for her pain and suffering along with past and future loss of earnings and monies to pay for future care, including home modifications, medical care, and therapies. Ms. Schrank’s husband, Philip Weitz, was awarded a total of $220,000 for the loss of his wife’s services.

James Wilkens’ steadfast belief is to “stay at it and keep fighting” for his clients. “The jury was clear and concise,” said Mr. Wilkens and “we are appreciative of their thorough deliberations.”

At Duffy & Duffy, PLLC, we believe that Long island medical malpractice attorneys. we believe that curing medical malpractice starts with patient safety. That's why the members of our law firm work to not only bring justice for each individual client we represent, but always with this larger idea in sight.

No guesswork. Just facts. ###

Ken Rosenthal, Duffy & Duffy, PLLC, http://www.DuffyDuffyLaw.com, 516-394-4200, [email protected]

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