Sarno da Costa D’Aniello Maceri Webb LLC is proud to announce that partner Amos Gern and associate John T. Brost recently secured a significant medical malpractice wrongful death verdict in Middlesex County, New Jersey, resulting in a final judgment of approximately $1,245,000, including pre-judgement interest.

The case involved a delayed surgical intervention for a large bowel obstruction, which ultimately led to bowel ischemia, sepsis, and the patient’s demise. The verdict highlights the importance of timely medical decision-making and the legal accountability that can follow when critical treatment is delayed.

The Jury Verdict

After trial, the jury returned a gross verdict of $1,312,500. The award was reduced by 20% under New Jersey’s Scafidi doctrine, which accounts for the role of pre-existing medical conditions in medical malpractice cases.

However, because the claim had been pending since early 2022, pre-judgment interest significantly increased the final recovery, resulting in a total judgment of approximately $1,245,000.

Notably, the defense maintained throughout the litigation that the matter was a “no-pay” case and never made a settlement offer, even after the jury specifically requested to review an economic damages summary prepared by economist Paul Gazaleh, CPA, during deliberations.

Interestingly, the final judgment was almost identical to the $1.25 million settlement demand presented before trial.

Case Background: Delayed Treatment of a Large Bowel Obstruction

The decedent was a 58-year-old father of three daughters in their 20s who presented with a serious large bowel obstruction, a condition that often requires timely surgical intervention.

Evidence at trial showed that surgery was delayed, allowing the patient’s condition to worsen. Ultimately, the patient required a Hartmann’s Procedure (colectomy and colostomy). By the time surgery occurred, the bowel had already suffered ischemia, and the patient developed sepsis, resulting in a severe medical decline.

The patient endured 39 days of significant pain and medical complications before his death.

Life Expectancy and Economic Damages

The defense retained a cardiologist who argued that the patient’s life expectancy should be limited due to certain health factors. Ultimately, the parties stipulated to a life expectancy of 14.9 years.

Despite this limitation, the jury awarded $600,000 in economic damages under the New Jersey Supreme Court decision in Green v. Bittner, which allows recovery for the loss of guidance, advice, and companionship experienced by surviving family members.

The decedent worked as a box truck driver earning approximately $50,000 per year and had been furloughed shortly before his hospitalization due to the COVID-19 pandemic. As a result, no lost income claim was presented to the jury, making the family-loss damages even more central to the case.

Managing a Complex Medical Malpractice Trial

The trial was presided over by Judge Patrick Bradshaw in Middlesex County. The jury ultimately returned a 7-1 verdict on liability and an 8-0 vote on damages, reflecting strong agreement regarding the harm suffered by the family.

The case involved more than 11,000 pages of hospital records, making the presentation of medical evidence particularly important. To help the jury understand the timeline of events leading to the delayed surgery, the trial utilized trial presentation technology from Vincent Maggiano of Dynamic Evidence, allowing jurors to view and follow key medical chart entries and treatment decisions.

This technology helped clearly illustrate the progression of the patient’s condition and the missed opportunities for earlier surgical intervention.

Expert Testimony on Surgical Standards of Care

A critical component of the case was the testimony of Jeffrey Freed, MD, a highly experienced colorectal surgeon from New York City, who served as the plaintiff’s standard-of-care expert witness.

Dr. Freed explained to the jury that serious large bowel obstructions rarely resolve without surgery, and that prompt surgical decision-making is often necessary to prevent complications such as bowel ischemia and sepsis.

His testimony helped the jury understand how the delay in surgery significantly worsened the patient’s outcome.

The Human Impact of Medical Negligence

While the medical evidence was complex, the emotional impact of the case centered on the decedent’s family.

The patient’s three daughters testified about their father’s final weeks in the hospital and the painful process of watching his health deteriorate. Their testimony helped illustrate the profound personal loss caused by the delayed medical treatment.

During closing arguments, the survival claim emphasized the 39 days the patient endured following surgery, highlighting the duration of suffering in hours, minutes, and seconds to provide the jury with a clearer sense of the time involved.

Holding Medical Providers Accountable

Medical malpractice cases often involve complex medical issues and aggressive defense strategies. This case was no exception, as the defense maintained that delay in surgery was a matter of medical judgement. However, the court rightfully refused to give the judgement charge to the jury, as inappropriate to the facts of the case as developed.

Despite these challenges, Amos Gern and the trial team at Sarno da Costa D’Aniello Maceri Webb LLC presented the evidence clearly and effectively, helping the jury understand both the medical issues and the human consequences of the delayed care.

The verdict ultimately provided accountability for the medical decisions that led to the patient’s death and delivered meaningful compensation for his family.

Experienced New Jersey Medical Malpractice Trial Lawyers

Sarno da Costa D’Aniello Maceri Webb LLC represents patients and families throughout New Jersey in medical malpractice and wrongful death cases, including matters involving:

• Delayed diagnosis
• Surgical negligence
• Failure to treat life-threatening conditions
• Hospital negligence
• Wrongful death caused by medical error

Cases like this one demonstrate the firm’s commitment to holding negligent medical providers accountable and seeking justice for injured patients and their families.