Medical Malpractice – Childbirth – Administration Of Pitocin

VERDICT: $7,500,000 (6/0). Hospital 7% (5/1); DiFabio 53% (6/0); Arabos 40% (6/0). Defense verdict for Gotsis. Discontinued against other Defts.

Breakdown: $1,300,000 for impairment of future earnings; $ 350,000 for future occupational therapy; $350,000 for future physical therapy; $500,000 for future speech therapy; $2,500,000 for future home care; $2,500,000 for past and future pain and suffering. Jury: 5 male, 1 female. Notice of Appeal.
II/2 – 39 Medical Malpractice – Childbirth – Administration Of Pitocin

Hippocrates Mertsaris, inf. by f/n/g/ Nicola Mertsaris v. 73rd Corp., d/b/a Physicians Hospital, Francis DiFabio, Nicholas B. Arabos, Emmanuel Vernakadis, Constatine Gotsis and “John” Astin 20562/79 Verdict 5/28/82 Judge Joseph A. Levine, Kings Supreme

Pltf. Atty: Harvey Weitz of Schneider, Kleinick & Weitz, Manhattan

Deft. Atty: Michael T. Ivone of Morris, Duffy, Ivone & Jensen, Manhattan, for Hospital; John L. Lyddane of Martin, Clearwater & Bell, Manhattan for DiFabio; Thomas V. Deffina of Deffina, Blau & LoPresti, Manhattan, for Arabos; Stephen Geisler of Schiavetti, Begos & Nicholson, Manhattan, for Gotsis

Pltf. was born at Deft. Hospital on 9/22/74. Pltf. claimed negligence against the Deft. for failure to recognize cephalo- pelvic disproportion and for administration of the drug Pitocin (a labor- inducing drug). Pltf. also claimed that the Defts. generally failed to monitor his delivery and failed to properly oxygenate him. Pltf. claimed that he should have been incubated. Injuries: cerebral palsy with profound motor involvement of both upper and lower extremities. Pltf. did not suffer any intellectual impairment. Pltf. Expert: Dr. Alexander Rosenthal, ob/gyn., New Hyde Park; Dr. Edward Ahrens, pediatrician, Manhattan; Dr., Johannes Bartells, anesthesiologist, Manhattan; Dr. Conrad Berenson, economist, Baruck College. Deft. Experts: Dr. Leon Root, orth surg., Manhattan; Dr. Hart Peterson, pediatric neurologist, Manhattan; Dr. Karlis Adamsons Jr. ob/gyn., Manhattan.


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