Justia Lawyer Rating for Robert D. Kreisman

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A New York Appellate Court has held that the plaintiff in a breast cancer negligence case failed to raise a triable issue of fact and opposition to a defendant’s summary judgment motion.

Merlinda Paglinawan underwent a screening mammogram and ultrasound. The interpreting radiologist recommended a follow-up diagnostic mammogram and ultrasound. Paglinawan discussed this with her obstetrician-gynecologist, Dr. Ing-Yann Jeng, who agreed.

The report of the follow-up test recommended a targeted ultrasound in 6-12 months. The following year, Dr. Jeng referred Paglinawan to a breast surgeon, leading to a diagnosis of Stage II breast cancer. That diagnosis was made several months later.
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Mr. Doe, 68, went to a hospital complaining of severe back pain. When he was admitted, a hospitalist ordered an MRI. Doe began declining neurologically and then was treated for respiratory issues approximately two days into the hospitalization. The MRI order was discontinued.

It was not done until the fifth day of Doe’s hospitalization. The MRI results revealed multiple spinal abscesses in Doe’s thoracic and cervical spinal regions, necessitating a spinal decompression. Notwithstanding this treatment, Doe suffered from paraplegia. He has remained in this condition but is able to use a walker to transfer short distances.

Doe sued the hospital, alleging it chose not to perform a timely MRI and diagnose the spinal abscesses. He did not claim lost income.
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Matthew Rossignol, a combat veteran and a father of three, underwent an annual test at the Harry Truman Veterans Administration Hospital. The test results showed that he had an eGFR of 72.7. An eGFR (estimated glomerular filtration rate) is a measure of how well the kidneys are functioning. The eGFR is an estimated number based on blood tests and considers age, gender and body type.

After this test was conducted and measured 72.7, in the following year after additional testing, Rossignol allegedly received a letter from the VA stating that he was being approved for further renal evaluation and that he should avoid taking NASIDS (nonsteroidal anti-inflammatory drugs), and he should return for follow-up testing in six months. His eGFR fell to 4.1 approximately six years later.

Rossignol’s creatinine levels rose to 13.59. A normal creatinine blood test result is 0.7 to 1.3 mg/dL (61.9 to 114.9 µmol/L) for men. Nevertheless, the VA nurse practitioner did not discontinue Naproxen, an anti-inflammatory drug harmful to kidneys, for another full year.
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At 37 weeks gestation, Jomayra Rodriguez, 31, was admitted to Yale New Haven Hospital. Rodriguez, whose baby had abdominal ascites in his stomach, was then induced. Abdominal ascites is a condition in which fluid collects in spaces within the abdomen. As fluid collects, it can affect a patient’s lungs, kidneys and other organs. Ascites can cause abdominal pain, swelling, nausea, vomiting and often other physical ailments.

Rodriguez’s labor continued for three days but did not progress. Although she was scheduled for a cesarean section, the induction process was first restarted. Her baby suffered shoulder dystocia and then abdominal dystocia. Unfortunately, the baby died in Rodriguez’s uterus.

Rodriguez, individually and on behalf of her son, sued Yale University alleging wrongful death and mismanagement of the delivery. The Rodriguez family asserted that the defendant hospital should have performed a timely cesarean section considering the size of the baby, which exceeded the 90th percentile, or a timely abdominal paracentesis. Abdominal paracentesis is usually a simple bedside procedure in which a needle is inserted into the peritoneal cavity to remove the ascitic fluid.
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Brittani Clavet was admitted to the University of Connecticut’s John Dempsey Hospital at 35 weeks gestation. The treating obstetrician, Dr. David Park, allegedly attempted a manual rotation of the baby’s head while observing that she was in the occiput posterior position.

An occiput posterior position is when the baby’s head is down, but it is facing the mother’s front instead of her back. It is known to be safe to deliver a baby facing this way, but it is harder for the baby to get through the mother’s pelvis.

A resident physician attempted a second manual rotation, after which the fetal monitor began to show frequent deep deceleration and tachycardia. Dr. Park allegedly ordered a stat cesarean section.
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Michael Gerhards, 68, hit his head when he slipped and fell on ice outside his home. He was taken by ambulance to Providence St. Vincent Medical Center where he was diagnosed as having a forehead laceration and right shoulder strain. He was sent home.

Over the next few weeks, he followed up with various internists at a health clinic regarding ongoing headaches, amnesia and fatigue.

Gerhards was advised to take pain medication. Three weeks after the fall, his wife found him unconscious. He was rushed to the hospital where a CT scan revealed a bilateral subdural hematoma that was causing a brain herniation. He underwent two brain surgeries.
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Doe went to a medical clinic complaining of increased fatigue, weakness and shortness of breath. A resident physician allegedly obtained an electrocardiogram (EKG), which was abnormal, and ordered a routine cardiology referral. The resident’s supervising physician allegedly did not see or evaluate Doe.

Four months later, Doe collapsed at home from suspected cardiac arrest. Emergency resuscitation was unsuccessful.

The lawsuit filed on behalf of Doe and family alleged that the resident and attending physician chose not to recognize that the EKG findings were consistent with a third-degree heart block, in which the upper chambers of the heart loses communications with the lower chambers. This condition necessitated an urgent referral to a cardiologist for placement of a pacemaker, the plaintiff maintained.
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Darren Vines, 48, was a corrections officer when he suffered a concussion after being beaten in a workplace attack. One week later, he underwent a procedure to remove food from his throat. He later vomited blood and went to a hospital emergency department. A gastroenterologist, Dr. Aaron Greenspan, performed a second surgical procedure to investigate his condition and reported an esophageal tear.

At the start of this second procedure, a nurse anesthetist noted the presence of blood in Vines’ stomach. The nurse asked Dr. Greenspan three or four times to convert to general anesthesia and allow Vines to have a breathing tube. Dr. Greenspan refused.

Vines aspirated his stomach contents and went into respiratory and cardiac distress. He suffered hypoxia, which left him with significant memory deficits for six months.
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Mr. Doe had a family history of colon cancer. He also had a personal history of ulcerative colitis. He underwent regular colonoscopies.

In 2016, one of the pathology specimens collected during his colonoscopy found to be “indefinite dysplasia.” Dysplasia describes the presence of abnormal cells within a tissue or organ. Dysplasia is not cancer, but it may sometimes become cancer.

Mr. Doe’s treating gastroenterologist allegedly did not note this condition, dysplasia, in his record. Mr. Doe later received a letter indicating his results were normal. He then received a form letter stating that he was due for a repeat colonoscopy in 2019, but this was never done.
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Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized.

He was then discharged to Metro Atlanta Recovery Residences Inc. At the facility, Dr. Richard Waldman evaluated Carusillo and discontinued the lithium in addition to lowering the Seroquel dosage.

Carusillo’s longtime mental health provider was in contact with a Metro Atlanta staff member and explained that it was imperative for Carusillo to receive his medications. Nevertheless, Dr. Waldman lowered the Seroquel dosage once again.
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