ARFD’s Sandy Gold obtains defense verdict in Queens County Supreme!
In a case tried before Judge Karina Alomar in Queens County Supreme Court, ARFD Trial Partner, Sandy Gold, and his litigation team of Partner, Deirdre Tracey, Of Counsel, Mallory Turk, and Associate, Rebecca Martin, obtained a defense verdict on behalf of a retinal specialist.
Plaintiff claimed that the defendant retinal specialist was negligent by failing to timely diagnose and treat plaintiff’s retinal detachment for 22 days before performing surgery to repair the detachment resulting in permanent and complete loss of vision in one eye. Plaintiff claimed that this was in spite of a referral from a general ophthalmologist for suspicion of a retinal detachment.
The defense argued that the delayed diagnosis was the result of a vitreous hemorrhage in the eye that blocked any view of the retina and, thus, made it impossible to diagnose the retinal detachment; that plaintiff, after initially consenting to surgery to remove the hemorrhage and inspect the retina, withdrew his consent because of business obligations; and that the surgery ultimately failed, not because it was untimely, but rather because plaintiff failed to follow post-operative instructions, most notably not maintaining a face down position, which is essential for the success of retinal detachment surgery.
The jury took approximately 5 hours before finding that the defendant had not deviated by delaying the performance of the surgery and delivering a defense verdict to Mr. Gold and his team! Congratulations on another ARFD success on behalf of our client.