David Schreiber and Mark McAndrew secured a defense verdict in Westchester County Supreme for a physician client, a vascular surgeon

The Plaintiff claimed that plaintiff's radial nerve was injured secondary to extravasation of the vessel during an angioplasty causing a hematoma and required emergent hematoma evacuation and vessel repair and bypass procedure. Plaintiff conceded the bleeding was a risk of the angioplasty procedure but argued that the procedure was not indicated as the patient did not have signs and symptoms of subclavian arterial stenosis, or proper imaging results warranting an angiogram and angioplasty. The plaintiff claimed a permanent radial nerve palsy and complete inability to use her affected arm as a result of the bleeding complication.

At trial, VLMM attorneys were able to demonstrate that our client, a Vascular Surgeon with vast experience in diagnosing subclavian stenosis and performing angioplasties adhered to the standards of care, in diagnosing the patient with subclavian stenosis and steal syndrome, pointing to corroborating records in evidence and proving the plaintiff had up to 81% stenosis of the proximal Subclavian Artery by measuring the stenosis in court before the jury on the intra vascular ultrasound (IVUS) video used during the procedure. 

After closing arguments, the jury returned with a Defense Verdict in approximately 30 minutes from beginning deliberations.