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Jury Enters Verdict of $45.6 Million in Spinal Surgery Gone Very Wrong

Edward Belowyianis, 14, suffered from scoliosis. Scoliosis is often referred to as curvature of the spine. The curve of the spine could be sideways and most often occurs during growth spurts in young people just before puberty. Scoliosis is not a disease, but is rather a medical term to describe the abnormal sideways curvature of the spine.

Because of this sideways curvature, pediatric orthopedic Dr. David Roye was the physician who performed surgery on Edward at New York’s Presbyterian Hospital.

As a result of the surgery, Edward suffered paraplegia, which is paralysis of the lower limbs of the body. Edward died of complications eight years later. He is survived by his parents.

Edward and his parents individually and on behalf of his estate sued Dr. Roye and Presbyterian Hospital claiming that the orthopedic surgeon improperly placed four screws into the spinal canal, injuring Edward’s thoracic spine.

The jury’s verdict of $45.6 million was levied equally against Dr. Roye and Presbyterian Hospital. The attorney representing the Belowyianis family was Evan Torgin.

Belowyianis v. Presbyterian Hospital, No. 014121/2004 (N.Y. Sup. Ct. Bronx County, N.Y., May 27, 2015).

Kreisman Law Offices has been handling wrongful death cases, hospital negligence cases, surgical negligence cases and nursing home negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Antioch, Bellwood, Cicero, Deerfield, Evanston, Forest Park, Glenwood, Harvey, Inverness, Justice, LaGrange, Melrose Park, Niles, Oak Forest and Palatine, Ill.

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