Settlement: $1.2 million, after jury selection, but prior to scheduled start of opening statements.

Lucy A. v. New York City Health and Hospitals Corporation

June 23

Kings Supreme

Judge: Joseph S. Levine

ATTORNEYS:

Daniel P. Buttafuoco of Daniel P, Buttafuoco & Associates, Woodbury for plaintiff;

Alex Johnson of McAloon & Friedman, New York for defense.

Facts and Allegations: In November 2001. Lucy A., 40, a human-resources clerk and an insulin dependent diabetic with a history of vascular disease, was diagnosed with an occlusion of the superficial femoral artery in her left leg and gangrene of her left big toe. On Nov. 9, she presented to Woodhull Medical and Mental Health Center, in Brooklyn, for a scheduled femoral popliteal bypass. The surgery was performed by Dr. Myrtle Denville.

After the procedure, Ms. A. experienced footdrop, a condition marked by plantar flexion, which is an extension of the foot to the point at which its forepart is depressed in relation to the ankle. Ms. A. commenced a medical malpractice suit against the hospital's owner and operator, the New York City Health and Hospitals Corporation. She alleged that Dr. Denville did not properly perform the femoral popliteal bypass. Ms. A. claimed that Dr. Denville severed or damaged her left peroneal nerve and that the damage resulted in the muscle dysfunction that caused her footdrop.

Defense counsel contended that Ms. A.'s left peroneal nerve was not damaged during Dr. Denville's surgery. He argued that her footdrop was causally related to her diabetes and other health related conditions, such as peripheral neuropathy and lupus. Defense counsel did not respond to VerdictSearch's fax or phone calls.

Ms. A. claimed that her footdrop is a permanent dlsability that prevents resumption of work. The defense contended Ms. A.'s footdrop will not necessitate further work absences or lost wages.