Denlea & Carton


April 14, 2021

NY Medical Malpractice Verdict Increased

Veteran Dies After Botched Aortic Aneurysm Procedure

During our most vulnerable moments, we entrust doctors, nurses, and other medical staff with our lives. Medical malpractice occurs when a health professional causes injury to a patient by failing to provide an adequate standard of care.

If the substandard treatment results in an injury, then the medical provider or their employer may be held liable for damages. Many times, these claims are settled out of court. When they do go to trial, the verdict is then in the hands of the jury.

Recently, in a rare decision, an upstate New York federal judge increased the jury’s verdict on a wrongful death case caused by the medical malpractice of a hospital, from $2.1 million to $3.9 million. (Coolidge v. United States of America)

The underlying case involved a veteran who sought medical treatment for an aortic aneurysm repair at an upstate Veterans Affairs facility. The hospital bungled the repair, putting the man into immediate kidney failure. The original jury verdict determined that out of the 118 days he survived after the botched surgery, he endured pain and suffering for only 59 days. After the verdict, the attorney for the family argued in post-verdict motions that the 59-day timeframe was incorrect, and that it should be recalculated or the entire case retried.

In a 54-page opinion, the judge found that the patient did, in fact, suffer for the balance of his existence, or for the full 118 days. In the decision, the judge concluded that although the patient may not have verbally expressed his pain, his inability to eat solid food, and his placement on a feeding tube constituted mental pain and suffering.

Legal Help for Wrongful Death Cases

Nothing can bring back a loved one, but having the justice system acknowledge the wrongdoing of others helps the healing process begin. When a health care professional’s negligence causes the death of a loved one, you deserve compensation. If your loved one died unexpectedly under the care of a doctor or hospital, you need to contact a knowledgeable wrongful death lawyer.

The experienced legal team at Denlea & Carton provides compassionate representation for those who have been injured by medical malpractice or for those who have lost a loved one in wrongful death cases. Contact our firm today for a free consultation.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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