$13.5M New York Medical Malpractice Verdict For Veteran’s Amputation Due To Misdiagnosis

A New York medical malpractice jury awarded an Army veteran and his wife $13.5 million on May 27, 2021 after a six-day trial, specifying that $10 million was being awarded for pain and suffering and an additional $3.5 million for future medical expenses and lost wages. The New York medical malpractice jury deliberated for less than three hours before returning its verdict.

The plaintiffs (husband and wife) alleged that in 2014, the plaintiff was an active duty Army soldier who was stationed at Fort Drum when he began experiencing pain in his lower right leg for which he sought diagnosis and treatment in the Emergency Department of Samaritan Medical Center. The plaintiffs alleged in their New York medical malpractice lawsuit that he was misdiagnosed with tendonitis when in fact he had clots and blockages that were not timely diagnosed and treated. As a result, his right leg had to be amputated above the knee and he now uses a wheelchair. The injury further resulted in the plaintiff being discharged from the Army.

The jury determined that the emergency room physician was twenty percent at fault and a nurse practitioner was eighty percent at fault. Both the physician and the nurse practitioner were employed by a company that was hired to provide services in the Emergency Department of Samaritan Medical Center.

The plaintiffs’ New York medical malpractice attorney stated after the verdict, “The medical providers failed to obtain a complete history and order appropriate tests that would have led to a timely diagnosis, when Jeff’s leg could have been saved. Jeff and his family have suffered terribly because of the substandard medical care that cost him his leg and the quality of life he once enjoyed. The jury’s verdict will help the Lewises start the healing process – both physically and emotionally – from all they’ve endured.”


It was reported in January 2016 that “North Country Emergency Medical Consultants, the group of physicians in charge of the emergency department at Samaritan Medical Center, skimmed close to $1 million in undue Tricare reimbursements with the help of a Massachusetts-based billing services company between 2009 and 2014. On Thursday, U.S. Attorney Richard S. Hartunian announced that the group of physicians was ordered under the False Claims Act to pay $991,338.23 in restitutions. Medical Reimbursement Systems Inc., the Bedford, Mass., company that submitted the Tricare claims on the physicians’ behalf, was also ordered to pay a settlement of $500,000. Mr. Hartunian said both agencies collaborated to knowingly submit 62,700 claims to Tricare for services they claimed were provided within a qualifying “Health Professional Shortage Area” … However, despite both businesses being aware that the Watertown practice was not in a designated shortage area, they continued to bill Tricare as such, receiving the 10 percent bonus payments. Furthermore, Mr. Hartunian said, the wrongdoing was brought to the attention of agency officials on multiple occasions.”


If you or a loved one suffered harm as a result of emergency room negligence in New York or in another U.S. state, you should promptly find a medical malpractice lawyer in New York or in your state who may investigate your emergency room medical malpractice claim for you and represent you or your loved one in a emergency room malpractice case, if appropriate.

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This entry was posted on Friday, June 11th, 2021 at 5:27 am. Both comments and pings are currently closed.


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