The Law Firm of Hill & Moin LLP Wins $5.5 Million Verdict
Against Lenox Hill Hospital for Queens Woman
Who Sustained Injuries During Child Birth
Manhattan, New York - April 7, 2011 - A Supreme Court
jury has awarded a couple (represented by New York law
firm Hill & Moin LLP), $5.5 million dollars against
Lenox Hill Hospital for serious pelvic injuries suffered
eight years ago during the course of labor and delivery
of a 10 pound baby.
After a two week trial,
the panel of six jurors unanimously rendered its verdict
in favor of Queens residents, Maria and Cesar Bustos,
finding the hospital liable for medical negligence. The
jury required less than an hour of deliberation.
The couple has been
described as being “very simple people with an abiding
sense of fairness. Mrs. Bustos in particular had
tremendous faith throughout this incredibly difficult
trial that the jury would see the truth and understand”
said plaintiffs’ attorney Scott Occhiogrosso.
Mrs. Bustos testified that she complained of severe
discomfort throughout her pregnancy and repeatedly
requested a Cesarean section. Her doctor’s charts didn’t
note her complaints, nor did they mention the
possibility of a c-section. The same doctor, despite
living only 2 blocks from the hospital, did not arrive
to see the patient until hours after she called on her
way to the hospital. He later freely admitted on the
witness stand that he ‘wandered in and out’ and only
came into the delivery room a minute before the baby was
born – despite the fact that Mrs. Bustos was his only
patient in the hospital at the time.
According to testimony,
in the doctor’s inexplicable absence, only a first year
resident and a nurse were in the room while Mrs. Bustos
was excessively anesthetized and being subjected to
exaggerated hyper flexion abduction birthing maneuvers.
The defense repeatedly pointed out that this made sense
because Lenox Hill is a teaching hospital. The attorney
for the Bustos responded in summation by asking the jury
who exactly was teaching that first year resident when
Mrs. Bustos’ attending physician was busy ‘wandering in
and out’ until a minute before the birth?
Hill & Moin associate,
Scott Occhiogrosso, who tried the case, was gratified
with the jury’s resolution to compensate the plaintiff
for her life-altering injuries and to her husband for
the loss of services that he sustained as well. Mrs.
Bustos suffered a broken and separated pelvis and back
injuries requiring surgeries to install hardware and
neurological devices and has used a cane since the
“This verdict clearly sends a message that hospitals are
responsible for the safety of patients. Those who have
suffered an injury caused by hospitals, doctors or
nursing homes should not be afraid to ask an attorney to
evaluate their claims” said plaintiffs’ attorney Scott
Occhiogrosso. The suit was filed on behalf of the
plaintiffs by Hill & Moin, LLP, a prominent New York law
About Hill & Moin, LLP
Hill & Moin LLP is an experienced New York Law firm that
represents plaintiffs who have sustained serious and
permanent injuries arising from: falls, work related
injuries, automobile accidents and medical malpractice.
With more than sixty years of combined experience, they
have achieved extraordinary success and have obtained
significant verdicts on behalf of their injured clients.
(Note: The results in the case above was based on the
facts of this particular case, and results will differ
if based on different facts. No guarantee, warranty or
prediction is being made regarding any particular case
Scott Occhiogrosso – 212-668-6000
Hill & Moin, LLP
2 Wall Street - Suite 301
New York, New York 10005
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