Hill & Moin LLP Wins $5.5 Million Verdict

April 7th, 2011

Manhattan, New York – April 7, 2011 – A Supreme Court jury has awarded a couple of Ecuadorean origin $5.5 million dollars against Lenox Hill Hospital for serious pelvic injuries suffered eight years ago during the course of labor and delivery of a 10 pound baby.

After a two week trial, the panel of six jurors unanimously rendered its verdict in favor of Queens residents, Maria and Cesar Bustos, finding the hospital liable for medical negligence. The jury required less than an hour of deliberation.

The couple has been described as being “very simple people with an abiding sense of fairness. Mrs. Bustos in particular had tremendous faith throughout this incredibly difficult trial that the jury would see the truth and understand”.

In this case Mrs. Bustos complained of severe discomfort throughout her pregnancy and repeatedly requested a Cesarean section. Her doctor didn’t note her complaints and never even discussed the possibility of a c-section. The same doctor, despite living only 2 blocks from the hospital, did not arrive to see the patient until hours after she called on her way to the hospital. He later freely admitted on the witness stand that he ‘wandered in and out’ and only came into the delivery room a minute before the baby was born – despite the fact that Mrs. Bustos was his only patient in the hospital at the time.

In the doctor’s inexplicable absence, only a first year resident and a nurse were in the room while Mrs. Bustos was excessively anesthetized and being subjected to exaggerated hyper flexion abduction birthing maneuvers. The defense repeatedly pointed out that this made sense because Lenox Hill is a teaching hospital. The attorney for the Bustos responded in summation by asking the jury who exactly was teaching that first year resident when Mrs. Bustos’ attending physician was busy ‘wandering in and out’ until a minute before the birth?

The firm was gratified with the jury’s resolution to compensate the plaintiff for her life-altering injuries and to her husband for the loss of services that he sustained as well. Mrs. Bustos suffered a broken and separated pelvis and back injuries requiring surgeries to install hardware and neurological devices and has used a cane since the occurrence.

“This verdict clearly sends a message that all hospitals are responsible for the safety of the patient and patients should not be afraid to ask an attorney to evaluate their claim if they have suffered an injury caused by hospitals, doctors or nursing homes. In addition, patients should not be intimidated by doctors or organizations that turn their backs on this type of careless behavior” the trial attorney noted. The suit was filed on behalf of the plaintiff by Hill & Moin, LLP, a prominent New York law firm.

About Hill & Moin, LLP

Hill & Moin LLP is an experienced New York Law firm that represents plaintiffs who have sustained serious and permanent injuries arising from: falls, work related injuries, automobile accidents and medical malpractice. With more than sixty years of combined experience, they have achieved extraordinary success and have obtained significant verdicts on behalf of their injured clients.

(Note: The results in the case above was based on the facts of this particular case, and results will differ if based on different facts. No guarantee, warranty or prediction is being made regarding any particular case or injury).

Contact: Cheryl Moin – 212-668-6000

Hill & Moin, LLP
2 Wall Street – Suite 301
New York, New York 10005
“Personal Injury Recovery Solutions”®

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