New York, New York – A Nassau County jury has awarded $40 million to a 52-year-old man who was left paralyzed on his left side after two Long Island hospitals, St. Joseph Hospital and Good Samaritan Hospital, failed to treat his stroke and prevent catastrophic injury. The plaintiff was represented by Stuart L. Finz, CaraMia R. Hart, and Brandon S. Finz of Finz & Finz, P.C., a nationally recognized New York law firm focused on medical malpractice and catastrophic injury litigation. The case centered on a series of wrong medical decisions made by doctors at St. Joseph Hospital and Good Samaritan Hospital after the patient experienced a sudden onset of classic stroke symptoms. Stroke guidelines establish a 4.5-hour window to administer a life-saving clot-busting medication known as tPA, which can restore blood flow to the brain and prevent long-term disability if administered promptly.

Despite the patient reporting that his symptoms began approximately 30 minutes prior to arriving to St. Joseph Hospital, the emergency department disregarded that information. The defense argued at trial that instead of using the stroke symptom onset time reported by the patient, St. Joseph Hospital properly relied on the “last known normal” time provided by the patient’s wife. This grave miscalculation placed the patient outside the 4.5-hour treatment window, improperly rendering him ineligible for tPA. The defense further argued that the patient suffered a separate recent prior stroke, further rendering him ineligible for tPA.

These defenses were dismantled by Finz & Finz, P.C. during the trial. The Finz & Finz, P.C. team of lawyers, together with their medical experts, successfully demonstrated that the patient’s account of the stroke symptom onset time was reliable, that he did not suffer a prior stroke that rendered him ineligible for tPA, and that tPA should have been administered.

After being deemed ineligible for tPA at St. Joseph Hospital, the patient was transferred to Good Samaritan Hospital for potential mechanical thrombectomy, a surgical procedure that can remove a blood clot from the brain. However, the neurosurgeon at Good Samaritan Hospital improperly determined, based on a CT Perfusion Scan, that too much brain tissue had already died, and again treatment was withheld from the patient. Finz & Finz, P.C. established that the CT Perfusion Scan was misread by the neurosurgeon and that a mechanical thrombectomy should have been performed, which would have evacuated the clot and restored blood flow to the patient’s brain.

As a result of departures from accepted standards of medical practice at both St. Joseph Hospital and Good Samaritan Hospital, the patient’s stroke continued to progress untreated while he remained in the hospital, leaving him paralyzed on the left side and dependent on others for nearly all aspects of daily living.

“The evidence during trial crystalized that the defenses in this case were fabricated,” said Stuart L. Finz, Senior Trial Attorney and CEO of Finz & Finz, P.C. “This outcome reaffirms our belief in the power of the civil justice system to hold hospitals accountable and improve patient safety. We hope this verdict serves as a reminder that timely, competent medical care saves lives. By this verdict, the standard of medical care for our Long Island community will be elevated.”

CaraMia R. Hart, Senior Medical Malpractice Trial Attorney at Finz & Finz, P.C., added: “Although the medicine was intricate, the truth was always simple—our client arrived at both hospitals within the treatment windows, but his stroke was never treated. The medical system failed our client at every turn, and this verdict restores a measure of justice for our client and his family.”

“This verdict represents a voice for a family that has fought for years to be heard,” said Brandon S. Finz, Trial Attorney at Finz & Finz, P.C. “Our client’s devastating injuries were entirely preventable. We are so grateful that this hard-working Nassau County jury recognized the magnitude of the failures by St. Joseph Hospital and Good Samaritan Hospital and provided the resources our client needs for a lifetime of care.”

Finz & Finz, P.C. has a long history of representing victims of medical malpractice, hospital negligence, and catastrophic injury throughout New York State. The firm has achieved some of the largest verdicts and settlements in New York history, helping families secure justice and financial stability after life-altering medical errors.

CASE INFORMATION
Nassau County Supreme Court
CHARLEMAGNE HOBOUR et al v. ERNST J. PAUL M.D. et al
Case No. 616864/2019