DUFFY & DUFFY SECURES $19.2 MILLION VERDICT IN PARAPLEGIA CASE

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Leading Long Island Medical Malpractice Firm Shows Lack of Differential Diagnosis

Uniondale, NY, July 20, 2009 -- James Wilkens, one of the most highly regarded medical malpractice trial litigators in the country, secured a $19.2 million verdict in Bronx Supreme Court in the 12th Judicial District concerning a paraplegia case against Montefiore Medical Center.

On behalf of 53-year old plaintiff Willfredo Figueroa, Duffy & Duffy proved a delay in diagnosis and treatment of a spinal abscess resulting in paraplegia. The plaintiff is now confined to a residential facility and were it not for the verdict, would have remained there for his life.

"Due to individual and institutional failures on many levels to properly identify and rule out specific diagnoses based on various symptoms - a process known as differential diagnosis - our client fell through the system's cracks and suffered the devastating effects of paraplegia," said James Wilkens, trial counsel for Duffy & Duffy. "An award of this magnitude is certainly necessary to compensate him for the losses, costs, and other burdens our client and his loved ones are forced to endure the rest of their lives. If anything, elements of it were too low."

Mr. Figueroa suffered a compressive injury damaging nerve cells in the spinal cord, after doctors failed to promptly diagnose and treat a spinal abscess. On September 22, 2004, Mr. Figueroa first presented to Montefiore Medical Center. Duffy & Duffy proved that there was a failure by the defendants to conduct and examine appropriate imaging studies including computed tomography (CT) scans and magnetic resonance imaging (MRI) reports. Duffy & Duffy uncovered early progress notes stating that he might have spinal injuries but the defendants did not conduct the required tests or notify appropriate experts such as a neurosurgeon.

The appropriate tests were ultimately administered on October 4, 2004. During the lengthy delay, Duffy & Duffy showed clinical evidence of signs, symptoms and complaints indicating problems that included the cervical spine. The delay in diagnosis and treatment of the spinal abscess resulted in paraplegia.

The verdict was awarded after Mr. Wilkens adeptly communicated the victim's medical needs for the remainder of his life, properly conveyed the notion of earnings lost now and in the future, and clearly articulated the pain and suffering that the victim, his wife and children will suffer.

About Duffy & Duffy

Duffy & Duffy is one of the nation's preeminent law firms specializing in medical malpractice. Founded in 2001 by James R. Duffy and Michael E. Duffy, the firm offers seasoned trial lawyers with decades of experience in handling complex medical malpractice cases, and has a proven track record of recovering millions of dollars on behalf of the victims of medical malpractice. The trial attorneys at Duffy & Duffy have secured numerous multi-million dollar verdicts and negotiated hundreds of multi-million dollar settlements in cases involving medical malpractice and negligence.