David Schreiber Secured Defense Verdict in Nassau County Supreme Court for our Client Dermatologist

This case involved a then 48-year-old female who was treated with UVB Therapy by our client Dermatologist for Lichen Planus, an itchy autoimmune dermatological condition.

Plaintiff claimed she was not provided a proper informed consent prior to three sessions of Narrow Band UVB light treatment for the Lichen Planus, leaving her with severe burns and blistering through-out her body, and covering most of her legs, requiring multiple ER visits, five days hospitalized in the Burn Unit, pain and suffering over an extended period of time, and significant permanent scarring to the legs bilaterally. At trial, plaintiff counsel asserted that there was no information communicated concerning the risks of burning and blistering, that the plaintiff’s medication history pertaining to her treatment for breast cancer required a focal discussion regarding a heightened risk of photosensitivity. The Defense was able to demonstrate through two experts, an oncologist and dermatologist, that the plaintiff’s medical history and cancer treatment did not put her at heightened risk, and thus did not require a focal discussion, that the patient was not at a heightened risk for photosensitivity and the patient was properly consented, both verbally and in writing with a signed consent form prior to any adverse effects. The defense had to contend with a missing evidence charge to the jury, due to the inability to produce two of the three written consents during the litigation. Moreover, the defense demonstrated the plaintiff’s unusual blistering was in fact due to an extremely rare autoimmune blistering condition which was triggered by UVB therapy, a known but extremely rare complication of the therapy, that explained the unfortunate reaction the plaintiff experienced in this case.

Despite the missing documents charge, plaintiff displaying remarkable photographic evidence of injury and a 5 Million Dollar request for damages from the Jury, the Jury returned a Verdict for the Defense, agreeing that our client provided proper care.