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Bronx Supreme Court Judge Denies Motion for New Trial in Medical Malpractice Case

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medical malpracticeA Bronx Supreme Court judge has denied a defense motion asking for a new trial in the case of Jahcidy George, a 7-year-old boy who suffered permanent scarring and injury as a result of improper IV administration. Jahcidy was admitted to Montefiore Medical Center as a day-old infant for spina bifida surgery when he suffered his injuries as a result of not being properly monitored by nurses at the hospital while receiving intravenous fluid in preparation for the surgery.

Bronx Supreme Court Judge Sharon Aarons denied a motion made by defense attorneys in this medical malpractice case asking for a new trial unless the plaintiff accepts a reduced award. In August, the Law Offices of Kenneth A. Wilhelm successfully obtained an $800,000 jury verdict on behalf of Jahcidy. On Aug. 17, the jury unanimously awarded $250,000 to Jahcidy for pain and suffering and $550,000 for future problems caused by the injury including permanent scarring and permanent loss of function in one finger.

Jury Award was Reasonable

Defense attorneys argued that the compensation that the jury awarded to Jahcidy was excessive and not consistent with what previous juries have awarded to victims with similar injuries. However, the court disagreed with that argument citing other cases where juries made similar determinations in cases where permanent injuries were suffered.

Judge Aarons took into consideration the testimony of two experts who stated that the IV infiltration causes not only scarring, but also loss of motion and flexion in the third finger of his right hand. This is a permanent disability that would hamper the boy’s ability to make movements such as grasping, pinching or even holding a pen. Taking these facts into consideration, Judge Aarons ruled on June 13 that the jury’s $800,000 award in Jahcidy’s case does not “deviate materially from what would be reasonable compensation.”

We are extremely pleased with the court’s decision in this case. Our client, Jahcidy George, has suffered and will continue to suffer the consequences of these injuries caused by the hospital’s negligence. We are proud of the verdict that we were able to secure for this young man and we wish him the very best for the future.

Medical Malpractice Claims

If you or a loved one has been injured in New York as a result of medical negligence, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can provide you with more information about pursuing your legal rights. Please call our offices TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. No attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at: www.WORK4YOULAW.com

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