Epidural Malpractice in New York Leads to Paraplegia, $60M Awarded

Case Overview

In what is believed to be the largest medical malpractice verdict ever awarded in Nassau County, Marijo C. Adimey, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, secured a unanimous $60,033,041.23 verdict on behalf of a 65-year-old electrical mechanic who was left permanently paralyzed after a routine epidural steroid injection.

Cause

On November 18, 2019, the plaintiff underwent a routine lumbar epidural steroid injection performed by Dr. Robert Iadevaio at the Pain Institute of Long Island (now part of Catholic Health Long Island). Minutes after emerging from sedation, he suffered a massive spinal cord infarction, resulting in permanent paraplegia, neurogenic bowel and bladder, chronic neuropathic pain, and impotence.

Damages

The plaintiffs introduced evidence showing that the results of a spinal angiogram performed after the injury were inconsistent with the medication documented in the physician’s notes. They alleged that a different drug—one not recommended for use in such procedures and known to cause spinal cord infarctions if inadvertently injected into a spinal artery—was actually administered, pointing to a serious medical error. Expert witnesses in Interventional Pain Medicine and Interventional Neuroradiology testified that, based on spinal imaging and the established mechanisms of spinal infarction, the physician’s procedural notes could not be accurate. Additional experts in Neurology, Life Care Planning, Psychiatry, and Forensic Economics testified to the plaintiff’s permanent and devastating injuries.

Jury Verdict

Following a three-week trial in Nassau County Supreme Court, the jury returned a unanimous verdict awarding over $60 million to the plaintiff. The defendants were represented by Bruce Brady, Esq. of Dorf Nelson & Zauderer. Marijo C. Adimey was second-chaired by associate Aaron M. Ser, Esq.