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Jury Awards $2.5 Million Verdict in Same-Day Hernia Surgery Discharge Case

Written October 20, 2021

After Six Years of Litigation and COVID-Related Delays, Jury Awards $2.5 Million Verdict in Same-Day Hernia Surgery Discharge Case

UNIONDALE, NEW YORK — Duffy & Duffy, PLLC, a New York-based personal injury firm concentrating its practice in medical malpractice and nursing home abuse with offices in Long Island and New York City, has announced that, after six years of litigation and COVID-related delays, a jury awarded a $2.5 million jury verdict in a same-day hernia surgery malpractice case. Now that courts have fully reopened and are beginning to hold trials again, victims of medical malpractice are finally getting their day in court and justice is being served. With cases now proceeding again to trial, insurance companies no longer have the upper hand when it comes to their delay tactics.

Margaret Parr, a 68-year-old married mother of two, complained of abdominal pain, chest pain and difficulty swallowing. The defendant surgeon, Dr. Medhat Allam, diagnosed her as having a large, intrathoracic hiatal hernia and scheduled her for ambulatory hernia surgery. It was discovered that Dr. Allam failed to timely and properly ascertain the risks of performing a laparoscopic ambulatory hiatal hernia repair and laparoscopic Nissen fundoplication in light of the decedent’s medical and surgical history, including the use of anticoagulants and having stents implanted in the celiac and superior mesenteric arteries nine months earlier.

The defendant surgeon failed to request and obtain consultations from a vascular surgeon regarding the  laparoscopic hiatal hernia repair and Nissen fundoplication. As a result of the departure from accepted standards of medical care and treatment, the defendant improperly assessed Ms. Parr as a proper candidate for ambulatory, same-day surgery.  

On October 18, 2021, a New York State Supreme Court, Suffolk County jury found 6-0 that Dr. Allam was negligent in failing to obtain a vascular consult and was negligent in scheduling the hernia surgery as an ambulatory procedure. The jury awarded $2.2 million for Ms. Parr’s 20 hours of conscious pain and suffering and $300,000 for the loss of parental care and guidance for her daughter.

“No family should have to go through this,” said Suzanne Czerepinski, Ms. Parr’s wife. “It was neglect and he needed to be brought to account for that. My spouse was in terrific pain following the surgery.”

“Finally, after six years of litigation, the family has some justice,” said Cliff Argintar, Lead Trial Counsel at Duffy & Duffy, PLLC. 

“We are very pleased that the jury found in our client’s favor,” said Michael E. Duffy, Managing Partner, Duffy & Duffy, PLLC. “We were able to prove that the surgeon was negligent and unnecessarily caused this death. Patients deserve accountability from their health care professionals — a right we strive to protect.”

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