Lockport, New York | $856,000 | Medical Malpractice
After a month-long jury trial, a verdict was returned for the son and Estate of Martin who died of an intracranial brain aneurysm. Ballow showed at trial that Eales, the Assistant Director of the Emergency Department, failed to take into account Mrs. Martin's complaints of a headache that lasted six days which was accompanied by nausea, vomiting, and blurred vision. Eales should have ordered a CT Scan or lumbar puncture because he was faced with the classic signs of probable hemorrhage or aneurysm. Eales instead diagnosed a sinus infection with headache and sent the plaintiff home. Mrs. Martin was readmitted to the Emergency Room five days later, and she soon became unconscious and was flown to the Erie County Medical Center where she was pronounced brain dead as a direct result of a massive intercerebral hemorrhage.
The jury awarded $856,000. With interest, the verdict totaled over $1,000,000. Ballow's selection of Paul Maurer, M.D., a Rochester neurosurgeon, was key to this case, as he testified that the CT Scan and/or lumbar puncture would have been abnormal, thus causing her to be sent to surgery. The surgery indicated would have been a "clipping" of the vessels containing the aneurysm. Dr. Maurer stated that he performs such procedures routinely at a very high success rate.
Ballow tried the case for attorney Tara Lillis, Esq., of Buffalo, who he often assists at trial.
