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This page represents only a partial listing of some of the wonderful results achieved by our firm for our clients. For additional information please contact us.
Failure to Diagnose and Treat Internal Bleeding Postoperatively –
Wrongful Death $7,000,000.00
A $7,000,000.00 verdict was achieved by John Bonina after a 4 week trial in Kings County, New York.
Plaintiff’s decedent, 52, a livery service’s dispatcher, presented to defendant internist reporting that he was suffering fatigue and weakness, and the doctor observed severe jaundice. Decedent was admitted to Interfaith Medical Center, in Brooklyn where testing revealed high bilirubin and subsequent tests suggested an obstruction of a hepatic duct.
Decedent underwent an endoscopic retrograde cholangiopancreatography which did not reveal the cause of decedent’s symptoms, and caused a hemorrhage that necessitated clipping and cauterization of an artery.
Six days later decedent underwent a percutaneous transhepatic cholangiography (ERCP), but this test did not permit full visualization of the hepatic duct. The test was repeated during two of the ensuing four days, but the results were inconclusive.
Eleven days later defendant surgeon performed an exploratory laparotomy. He determined that decedent’s hepatic ducts were not obstructed.
Two days postoperatively a doctor noted that decedent was exhibiting a decreased output of urine. Tests revealed a severe decrease of his blood’s hematocrit and hemoglobin. Defendant internist suspected internal bleeding, and he ordered transfusions. Defendant surgeon was consulted, but he did not believe that bleeding was occurring.
Decedent’s condition deteriorated. He suffered shock, failure of his kidneys and severe impairment of his respiration and ultimately died in the hospital. His widow claimed that her husband’s death was a result of unaddressed bleeding that was caused by the procedure that defendant surgeon performed.
The estate alleged that the defendant doctors failed to properly diagnose and/or treat decedent’s condition, that the failures constituted malpractice, and that Interfaith Medical Center was vicariously liable for the actions of defendant internist, surgeon and radiologist.
The estate’s counsel claimed that defendants were distracted by the incorrect belief that decedent was suffering an obstruction of a hepatic duct. He contended that decedent’s initial symptoms were a product of benign recurrent intrahepatic cholestasis, which is a rare condition that inhibits the liver’s release of bile.
The hospital’s counsel contended that bleeding is an accepted risk of an ERCP, and he claimed that defendant surgeon and internist promptly and effectively resolved any bleeding that occurred during the procedure. The hospital’s expert pathologist opined decedent’s death was the result of sepsis, and noted there was no bleeding noted on sonogram the day before decedent’s death.
The estate’s counsel also claimed that defendant surgeon should have detected and addressed decedent’s bleeding. The estate’s expert surgeon opined that exploratory surgery should have been performed when decreasing hematocrit and hemoglobin were noted two days postoperatively, and he contended that prompt reparations would have saved decedent’s life.
The estate’s expert pathologist noted that decedent lost 700 cubic centimeters of blood, but the hospital’s expert pathologist opined that such an amount could not produce a fatal result. The hospital’s pathologist opined that decedent’s death was an unpreventable result of sepsis.
Decedent, 52, was survived by a wife and three teenaged children. Decedent’s estate sought recovery of wrongful death damages that included decedent’s lost earnings, damages for decedent’s pain and suffering, and damages for his children’s loss of parental guidance.
The jury found that defendant gastroenterologist and defendant surgeon departed from accepted standards of medical care. Interfaith Medical Center was thusly deemed vicariously liable. The jury determined that the estate’s damages totaled $7 million.
Diagnosis of Perforated Bile Duct After ERCP - Intestinal Necrosis
Ileostomy - $12 MILLION
A $12,000,000.00 verdict was returned by the jury in Supreme Court, Kings
County following a four-week trial.
Plaintiff was a 35-year-old man when he developed a blockage of the common
bile duct. The blockage, which formed in his gallbladder, became loose and
caused jaundice. He was referred to defendant gastroenterologist, who
diagnosed gallstones and an obstruction of the common bile duct. Defendant
gastroenterologist arranged for plaintiff's admission to Defendant Medical
Center under the care of the defendant surgical group.
Surgery was scheduled
for 6/13, but plaintiff refused to sign the consent form Plaintiff
testified that if he had been informed of the necessity of the surgery, he would have
given his consent. The surgery was then cancelled, and defendant
gastroenterologist contacted defendant endoscopic surgeon, and arranged for
him to perform an endoscopic retrograde cholangiopancreatography procedure
(ERCP) and remove by endoscope any stones that he found.
John Anthony Bonina proved that defendant endoscopic surgeon caused a perforation
of the common
bile duct during the ERCP and failed to recognize it. Defendant endoscopic
surgeon's failure to recognize the perforation was a substantial factor in
causing plaintiff to suffer from pancreatitis and a phlegmon, and thereafter
an abscessed infection. The abscess caused an accumulation of pus, infected
tissue, and bile juices, which caused a massive infection and necrosis of
the various parts of his digestive tract. The plaintiff was then transferred
to another hospital, where the abscess was drained and an ileostomy,
gallbladder removal, and common bile duct exploration were performed, and a
T-tube was inserted by bypass the perforation.
As a result of 90% of his
pancreas being destroyed, plaintiff has developed diabetes, which has led to
deterioration of his eyesight, cardiac condition, and impotence. Since his
initial hospitalization at Maimonides Medical Center, he was hospitalized 22
separate times for complications or conditions resulting from the
perforation during the ERCP and defendant endoscopic surgeon's failure to
Hospital Negligence - Cervical Laminectomy - Patient Allowed Out of Bed
Without Cervical Collar - Quadriparesis - $6 MILLION
This $6,021,474 verdict was awarded in Supreme Court, Kings County.
Plaintiff entered defendant hospital for a tri-level cervical laminectomy
to remove scar tissue that had formed near his spinal cord in the cervical
Following successful surgery there were written orders by the neurosurgeon
for the use of a cervical collar, however the nurses at defendant hospital
permitted plaintiff to be out of bed without it for an extended period of
time. At that time, plaintiff was tired and weak, and asked the nurses to
put him back in bed, but they failed to do so. His blood pressure was
declining and a nurse observed that he was diaphoretic (cold and
perspired).plaintiff fainted, causing his head to suddenly fall forward,
causing a flexion injury to his spinal cord.
The jury found that the hospital
was negligent for failing to follow the doctor's orders for the use of a
cervical collar and for failing to put him back to bed at a time he was weak
and diaphoretic, and that the combination of a spinal cord stroke resulting
from declining blood pressure and the flexion injury led to quadriparesis.
Failure to Timely Diagnose Spinal Cord Tumor - Paraparesis,
Urinary and Bowl Injuries, Sexual Dysfunction - $4.6 MILLION
The jury, after 2-1/2 days of deliberation, rendered this $4,575,000 verdict
in Supreme Court, New York County.
Over six year's plaintiff presented to his primary care physician presented
for an annual physical examination and medical advice. During that time he
complained knee "jumped" occasionally at night and gave way. He also
complained of occasional numbness and constipation. He told defendant that
his complaints had progressed to knee wobbliness and medial thigh
paresthesia with occasional jumping of the knees and trembling of his legs
The jury found that the physician failed to diagnose and treat an
ependymoma, a tumor located deep within the center of his spinal cord.
Bonina and Bonina, P.C. successfully argued that the defendant should have
either referred Plaintiff to a neurologist or conducted a more thorough
neurological exam himself, and that either course would have led to an MRI
study and would have disclosed the presence of the tumor at an earlier time.
The plaintiff suffers from paraparesis, urinary and bowel difficulties and
sexual dysfunction. He requires a catheter to remove residual urine
approximately twice a day. He now walks with crutches and occasionally uses
Failure to Monitor Patient While Under Anesthesia During Hand Surgery -
Wrongful Death of 20 Year Old Carpenter - $3 MILLION
A Supreme Court, Richmond County jury returned a $3,011,704 verdict in
favor of the plaintiffs, parents of a twenty year old carpenter who died
during surgery. The jury found that the anesthesiologist had failed to set
the cardiovascular alarm system, failed to intubate the decedent upon the
administration of the general anesthesia, and had failed to recognize that
the decedent was cyanotic.
The jury determined that the surgeon was also
negligent for failing to check on the decedent's status when the nurse
indicated that his arm had turned blue, that he failed to adequately check
the tourniquet controls, and that he failed to assist in cardiopulmonary resuscitation.
Eye Surgery - Infection Results in Loss of Eye - $1.77 MILLION
This $1,765,000 verdict was reached in Supreme Court, Kings County.
Plaintiff, a 54 year old housewife, had cataract surgery performed at
Defendant Hospital by Defendant Doctor. He performed surgery on one eye,
intending to operate on the other eye after the first eye healed. During the
24 hour period following surgery, Plaintiff complained of severe eye pain in
the eye which had undergone surgery. When Defendant Doctor returned the
following morning, he found the eye severely infected.
He attempted to treat
the condition by performing a paracentesis (a puncture of the wall of the
eyeball) and iridectomy to drain the infection and relieve pressure. Those
measures proved ineffective, causing Plaintiff to undergo an enucleation of
the eye (removal of the eye) and insertion of a prosthesis 6 months later.
As a result, she was psychologically unable to undergo the cataract surgery
in her other eye; therefore, she will eventually become completely
blind. John Anthony Bonina proved that Defendant was negligent in failing to
measure intraocular pressure before attempting to excise the cataract. Had
he done so, Mr. Bonina argued, he would have noted the abnormally high
pressure, which would have led to the discovery of its cause -- the blockage
of the flow of intraocular fluid by the infection. John Anthony Bonina also
successfully proved that the hospital was negligent in that its nursing
staff overmedicated Plaintiff with Percodan, which masked the severity of
Improper Tubal Ligation Leads to Subsequent Pregnancy - $1.35 MILLION
This unanimous $1,350,000.00 verdict was rendered in Supreme Court, Kings
Plaintiff, a 33 year old housewife, underwent a tubal ligation at the time
her fourth child was delivered by Cesarean section at Woodhull Hospital. She
subsequently became pregnant, and had another Cesarean section and another
tubal ligation. John Bonina, Jr. Successfully proved that defendants
improperly used the Pomeroy method of tubal ligation, which only removed the
fimbriated end, and not the "knuckle" of her left fallopian tube.
Failure to Diagnose Appendicitis - Ruptured Appendix and Three Surgeries - $1.25 MILLION
This $1,250,000.00 verdict was returned on in Supreme Court, Richmond
Plaintiff presented to the defendant doctor with complaints of abdominal
pain and diarrhea. Defendant performed an abdominal examination and
urinalysis, and prescribed Donnatol for a diagnosis of gastritis. The next
day plaintiff, who had been out of town, returned home to Staten Island and
went to Staten Island University Hospital, where a ruptured appendix with
peritonitis was diagnosed, and surgery was performed. Plaintiff was admitted
to Staten Island University Hospital for 10 days, due to the serious
infection and peritonitis from which he was suffering. During this
admission, his abdominal wound remained open until a second surgical
procedure was performed to close it. Thereafter he developed a large
incisional hernia which required a third operative procedure during a second
John Bonina successfully argued that plaintiff was, in fact suffering from
appendicitis when he saw the defendant doctor, and that the failure to do an
adequate abdominal examination and the failure to refer him to a local
hospital for blood studies and an abdominal x-ray constituted departures
from accepted medical practice. He argued, and the jury accepted, that
plaintiff was suffering from appendicitis at the time of the visit, but that
it had not yet ruptured until that evening. Thus, proper treatment by the
defendant would have resulted in removing the appendix before it ruptured
and peritonitis had set in.
Erroneous Advice About Amniocentesis - Pecuniary Damages for Raising a Child
with Down's Syndrome - $800,000
The $800,000 verdict was returned in Supreme Court, Kings.
Plaintiff became pregnant at the age of 38 and came under the care of the
defendant OB/GYN. When a sonogram was performed to determine the health of
the fetus, it was inconclusive. The defendant discussed the possibly of
amniocentesis with her, but she declined to undergo the test.
Plaintiff's son was born with Down's Syndrome and is severely mentally
retarded. Plaintiffs proved that the defendant exaggerated the dangers of
amniocentesis, particularly that danger that it could cause blindness by
striking the fetus' eyes. If plaintiff had been properly informed, she would
have undergone the test, discovered the Down's Syndrome and chosen to have
Negligent Administration of Ampicillin -- Plaintiff Suffers Allergic
Reaction -- Development of Thrombocytopenia -- Post-Traumatic Stress
The unanimous $623,500 verdict was returned in Supreme Court, Kings County.
Plaintiff, a 36 year old plumber, underwent a vasectomy. After the
procedure, plaintiff developed swelling of the right testicle, bleeding, pus
and a fever. He went to Defendant's office and was prescribed ampicillin,
even though he told Defendant on his first office visit 1 month before the
surgery that he was allergic to penicillin. He again told Defendant of his
penicillin allergy & asked if ampicillin was the same as penicillin.
Defendant told him that it was not the same.
The plaintiff started taking the
medication the next day and on the following day he woke with a rash all
over his body and lesions on his tongue. Plaintiff's wife called Defendant,
who told her it was probably an allergic reaction to soap, and to continue
with the medicine. However, when plaintiff sought a second opinion, he was
told to discontinue the medication. As a result of the reaction and the
lesions on his body & tongue he was hospitalized for 3 weeks with a
diagnosis of acute thrombocytopenia secondary to a drug reaction from the
ampicillin. The thrombocytopenia caused an extremely low platelet count.
Despite steroid therapy with prednisone and IV gamma globulins to increase
his platelet count his platelet count did not rise and he necessitated a
John Bonina, Jr. successfully argued that because of the splenectomy,
plaintiff has a permanently diminished response mechanism to bacterial
infections, as well as depression and post-traumatic stress disorder which
adversely affected his marriage.John Bonina, Jr. also successfully overcame
the defense claim that there had never been a reported case in medical
history of a patient who developed chronic thrombocytopenia and required a
splenectomy as a result of an adverse reaction to ampicillin.
Negligently Performed Hysterectomy - Multiple Procedures Necessary to
Correct Urinary Incontinence - $517,000
This $517,000.00 verdict was in Supreme Court, Kings County.
Plaintiff underwent a hysterectomy performed by defendant doctor. John
Bonina, Jr. successfully proved that, during the operation, defendant
injured plaintiff's left ureter (the conduit for urine between the kidney
and bladder), and that the defendant's failure to protect the ureter by
placing a stent in it prior to the surgery, and the failure to detect the
damage to the ureter during the operation, was malpractice.
As a result,
plaintiff leaked urine vaginally for a week after the surgery, until the
damage to the ureter was finally detected. Several procedures were
necessary, including placement of stents and tubes, to permit the ureter to
heal properly. Although the ureter had healed properly by the time of trial,
plaintiff still suffered from left-sided pain caused by the scar tissue
which developed due to the placement of the stents and drains.
Failure to Diagnose Ovarian Cyst - Rupture of Cyst - Removal of Left
Fallopian Tube and Ovary - $400,000
This unanimous $400,000.00 verdict was returned in Supreme Court, Richmond
Verdict breakdown: $300,000.00 for plaintiff's past pain and suffering, and
$100,000.00 for plaintiff's future pain and suffering. Facts: Plaintiff, a 16
year old high school senior, presented to Defendant 1 on January 24 and
March 7, 1991, with complaints of lower abdominal pain greater on the left
side. Vaginal examination was negative, and Defendant 1 administered Demerol
injections to relieve plaintiff's pain. On the March 7, 1991 visit,
Defendant 1 referred plaintiff to Defendant 2, a surgeon who did a series of
tests, after which he advised Ms. Corn to avoid red meat and take Metamucil.
Both Defendant 1 and Defendant 2 diagnosed plaintiff as having
On October 8, 1991 plaintiff was diagnosed with a left
ovarian cyst, which by then had ruptured, and surgery was performed to
remove the left Fallopian tube and ovary. The jury found that Defendant 1 was
negligent in administering Demerol injections without ever coming to a
diagnosis as to what was causing plaintiff's pain. Additionally, plaintiffs
proved that both Defendant 1 and Defendant 2 committed medical malpractice
in their failure to order a pelvic sonogram and their failure to refer
plaintiff to a gynecologist for an evaluation of her condition. Plaintiffs
also proved that the presence of the left ovarian cyst had been causing
plaintiff's complaints in early 1991, and that if had been detected in a
timely fashion, a simple surgery called a laparoscopy could have been
performed, and plaintiff's fallopian tube and ovary would have been saved.
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*Any results set forth here were dependant on the facts of that particular case and results will differ from case to case.
No guarantee, warranty or prediction is being made regarding any particular case or injury. Prior results do not guarantee future outcomes.
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