NEW YORK MEDICAL MALPRACTICE RESULTING IN END-STAGE KIDNEY FAILURE

$1.25 Million Recovery During Trial

Jason Rubin recently settled a medical malpractice case for $1.25 million after approximately two weeks of trial in Staten Island. The case involved a then 39-year old man who presented to his primary care physician at a medical group with complaints of multiple joint aches and fatigue. Blood tests indicated that he was anemic and that he had an elevated sedimentation rate- an indicator of inflammation in the body. Urine tests indicated that he had microscopic blood and protein in the urine. At trial, Jason presented evidence that accepted medical practice under these circumstances required that simple blood tests, known as a BUN and creatinine be performed, to evaluate plaintiff's kidney function. This test was not performed by the defendants.

Over the next several months, the plaintiff's condition continued to worsen. After finally presenting to a hospital, he was diagnosed with end stage kidney failure as a result of a disease known as Wegener's Granulomatosis- an autoimmune vasculitis which causes inflammation in the kidneys. He required dialysis for 1½ years until he was able to obtain a kidney transplant. Interestingly, the plaintiff's wife was a sufficient match and she donated her kidney to him.

At trial, Jason presented evidence that if the defendant doctors had performed a BUN and creatinine test when they noted microscopic blood and protein in his urine, plaintiff's kidney disease would have been diagnosed earlier and he likely would not have required dialysis and a kidney transplant. Given the venue of the case, this was a very substantial recovery.

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