Jury Verdict Submission & Research

On Nov. 27, 2005, minor E.B.B., then a three-month-old infant, was brought to South Jersey Regional Medical Center by his mother Sabrina Bonilla. Bonilla told emergency room physician Dominic Diorio, M.D., that E.B.B. could not straighten his right leg and would cry when the leg was touched. Dr. Diorio ordered X-rays of the leg, and, based on a remote view from a radiologist, told Bonilla that there was no fracture. E.B.B. was discharged shortly thereafter. The next day, a second radiologist looked at the x-ray and issued a report that there was a possible femur fracture and follow-up x-rays were necessary. Emergency room attending physician llmia Choudhary, M.D., was responsible for reading the radiologist's report but failed to contact Bonilla. On Dec. 17, 2005, Bonilla brought E.B.B. to the emergency room with a complaint of seizures and an altered mental state. He was diagnosed with cranial bleeding and a skull fracture, in addition to the fractured femur and several rib fractures. Several days later, John Burgos, father of E.B.B., admitted to police that he had thrown E.B.B. into his crib. He was eventually convicted of second-degree aggravated assault and second-degree endangering the welfare of a child, and sentenced to eight years in prison. E.B.B. sustained permanent brain damage as a result of the assault by his father.

Bonilla filed a medical malpractice action against defendants Dominic A. Diorio, M.D.; Ilmia Choudhary, M.D.; South Jersey Emergency Medicine Associates; and South Jersey Healthcare in the Superior Court of Gloucester County, NJ. Plaintiff claimed that defendants' failure to report that E.B.B. was the victim of possible non-accidental trauma or abuse resulted in his subsequent brain injury. On Feb. 17, 2017, a jury returned a verdict of $ 45,000,000 for plaintiff.

John Burgos, a third-party defendant, was apportioned 60% of liability. Dr. Choudhary was found 35% liable, and Dr. Diorio was found 5% liable.

Plaintiffs were represented by Adam M. Starr and Rosalind T. Kaplan of Jarve, Kaplan, Granato, Starr, LLC. Defendants were represented by Timothy O’Brien of Crammer, Bishop & O’Brien and Mark A. Petraske of Buckley Theroux Kline & Petraske, LLC.

Lexis Advance subscribers may view the complete summary here: E.B.B., a Minor, by his Mother, Guardian Ad Litem, Sabrina Bonilla, and Sabrina Bonilla, Individually, v. Dominic A. Diorio, M.D.; Ilmia Choudhary, M.D.; South Jersey Emergency Medicine Associates; and South Jersey Healthcare; 2017 Jury Verdicts LEXIS 276.

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