Autistic Patient That Suffered Paralysis When Spinal Injury Was Misdiagnosed In Emergency Room Settles Medical Malpractice Action For $ 9.5 Million In New York State Court
Ebony Curry was a 27-year-old woman with learning disabilities and autistic tendencies living at home in Brooklyn with her father, Henry Williams, and a younger brother. On May 18, 2011, Curry fell down the stairs in her home. Her father called 911, and an ambulance responded within minutes. Curry was placed on a back-board and in a cervical collar and transported to Kings County Hospital's emergency department. In the emergency room, Dr. Leah Bright removed the neck collar, examined Curry, took a medical history from the father, (Curry was non-verbal,) and ordered CT-scans of her head and cervical spine. Some five hours later, when a resident reported that the results from the CT-scan were normal, Dr. Bright discharged Curry. Approximately 12 hours later, Dr. Steven Pulitzer, a senior radiology attending, re-read the CT-scan and concluded that the earlier conclusion by junior residents was wrong and that Curry's spine showed a serious injury. Dr. Pulitzer allegedly entered the new conclusion as an addendum in the patient's chart, but did not inform the emergency department team or the family.
Over the next 24 hours, Curry's condition did not improve - she could not stand or walk - and her father took her to the emergency room at Mt. Sinai Queens Hospital. There, doctors performed an MRI and concluded that there was compression to Curry's spine. She was transferred to Mt. Sinai Hospital in Manhattan for neurosurgery, which saved her life but was unable to restore her mobility. Curry is confined to a wheelchair, cannot walk or bear her own weight, and has very limited use of her arms and hands.
Plaintiff Henry Williams, as Guardian of Ebony Curry, an Incapacitated Person, filed a medical malpractice action against defendants New York City Health and Hospitals Corporation; Leah Bright, D.O.; Steven Pulitzer, M.D.; Matthew Constantine, M.D.; and Anika Backster, M.D., in the Supreme Court of Kings County, New York. Drs. Constantine and Backster were subsequently dismissed. The case proceeded to a jury trial before Judge Glorida Dabir from May 4, 2015 - May 26, 2015. While the jury was deliberating, the parties settled the action for $ 9,560,000.00.
PLAINTIFF COUNSEL:
Moore, Thomas A.
FIRM NAME- Kramer, Dillof, Livingston & Moore
ADDRESS-217 Broadway New York, New York 10007
PHONE- (212) 267-4177
WEBSITE- www.kdlm.com
DEFENDANT COUNSEL:
Federico, Dan
FIRM NAME- Decorato Cohen Sheehan & Federico Llp
ADDRESS-810 7th Ave 41st Fl New York, New York 10019
PHONE- (212) 742-8700
WEBSITE- WWW.dcsf.COM
For more information about the case, including expert information, please see the full summary on Lexis Advance: Henry Williams, as Guardian of Ebony Curry, an Incapacitated Person, v. New York City Health and Hospitals Corporation; Leah Bright, D.O.; Steven Pulitzer, M.D.; Matthew Constantine, M.D.; and Anika Backster, M.D; 2015 Jury Verdicts LEXIS 2604
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