On December 14, 2021, Edward J. Arevalo secured a unanimous defense verdict in a trial venued in Kings County, Supreme Court, before the Honorable Justice Dawn Jiminez-Salta. The case involved allegations of medical malpractice against Mr. Arevalo’s clients, a New York City based hospital and a surgeon.
In late 2011, the then 65-year-old plaintiff was diagnosed with basal cell carcinoma of the right anterior shin. She had an extensive past and subsequent history of skin cancers, including multiple sites of basal cell carcinomas and melanoma. Instead of excising the basal cell carcinoma, plaintiff underwent thirty radiation treatments of the right anterior shin, resulting in a large wound.
Plaintiff underwent ninety hyperbaric oxygen treatments at the defendant hospital, reducing the size of the wound, but it was not completely healed. She claimed that the defendant surgeon negligently treated the radiation induced injury to the right shin by placing an artificial skin graft called Primatrix on the wound in face of an infection. The plaintiff was subsequently diagnosed with an infection of the wound and underwent a skin flap procedure at another hospital. She claimed the defendants failed to diagnose the infection from July to September of 2012.
The plaintiff’s infectious disease expert testified that there was a failure to diagnose the infection, known as pseudomonas aeruginosa, which was confirmed by surgical pathology. The expert further testified that the infection caused the wound to grow from 2 cm. to 8 cm.
The defendant surgeon testified on his own behalf and pointed out normal laboratory values for pre-admission testing on two occasions, as well as a negative MRI of the right lower extremity for osteomyelitis. He contended that the infection was not present from July 2012 until his last office visit of September 19, 2012. The doctor testified that plaintiff’s own culpable conduct, in failing to heed instructions may have led to the infection. Mr. Arevalo called an infectious disease expert who supported the surgeon’s care, testifying that there were no signs and symptoms of an infection, citing the normal bloodwork and negative MRI.
On cross-examination, Mr. Arevalo completely discredited plaintiff’s infectious disease expert. He exposed the expert’s lack of preparation and unfamiliarity with key aspects of the case.
The Kings County jury deliberated for thirty-five (35) minutes rendering a unanimous defense verdict on behalf of Mr. Arevalo’s clients.