Kyle Newman Secures $20M Verdict for Stroke Victim in Medical Negligence
On November 22, 2023, attorney Kyle Newman Esq., CEO of Uptown Injury Law, PLLC, secured a groundbreaking $20.24 million verdict at the Bronx Supreme Court for a stroke victim in a case against St. Barnabas Hospital.
This is a historic verdict positioned as the ninth largest in the annals of Bronx medical malpractice litigation. It spotlighted the critical issue of medical negligence.
Newman’s strategic acumen and steadfast dedication were evident in the courtroom, as his thorough argumentation and compelling presentation of evidence decisively influenced the verdict.
Case Background: Negligence Leading to Permanent Disability
In the case of Lisa Darko v St. Barnabas Hospital, the core issue was the hospital’s inability to adequately address a stroke, resulting in permanent paralysis for Ms. Darko. This grievous oversight brought to light under the skilled legal guidance of attorney Kyle Newman, Esq., a distinguished figure in New York’s personal injury law sector, highlighted the dire consequences of medical negligence.
Despite the hospital’s defense attributing Ms. Darko’s severe outcomes to her pre-existing conditions, the court ultimately held St. Barnabas Hospital entirely responsible, finding it 100% liable for the medical oversights that resulted in Ms. Darko’s permanent disabilities and extensive health complications.
Initial Medical Oversight and Consequences
The medical ordeal for Ms. Darko began on September 17, 2017, when she was admitted to St. Barnabas Hospital, facing a hypertensive emergency. Despite her critical condition and complex medical history, initial examinations failed to detect any signs of a stroke, setting the stage for a series of irreversible medical failings.
The lawsuit illuminated several allegations of negligence by the hospital staff, including inadequate treatment and monitoring of Ms. Darko. Notably, their failure to admit her to the ICU or reassess her condition upon showing clear stroke symptoms demonstrated a significant breach of standard care practices.
The Impact of Medical Negligence on Plaintiff
Later, Ms. Darko was urgently moved to Montefiore Medical Center for advanced care, yet the damage from the prior negligence was irreversible. The stroke left her with severe disabilities: dense flaccid right hemiplegia, diminished right-side sensory abilities, and impaired vision, worsening her existing health issues. Her right arm became nonfunctional, and her right leg showed very limited mobility.
Ms. Darko faces significant challenges in daily life, including bladder incontinence—necessitating the use of 8-10 diapers daily—and reliance on assistance for basic needs like toileting, dressing, and bathing. Additionally, she encountered kidney failure and ended up getting a kidney transplant in February 2023.
Compounding her physical ailments, Ms. Darko suffers from constant pain, a sharp, tingling discomfort on her right side, which serves as a constant reminder of the profound effects of the medical negligence she has faced.
“This was one of the most emotionally challenging cases, seeing how the plaintiff, who is a single mother, suffered a lifetime disability for a mistake that was not even her fault” – Kyle Newman Esq.
The Trial Ended with St. Barnabas Paying $20M in Damages
Bearing six years of unbearable pain, Lisa Darko, 61, a devoted single mother to four children, who was once independent, boldly chose to pursue justice against St. Barnabas Hospital, under the legal representation of attorney Kyle Newman, Esq.
Faced with initial dismissals and a stark offer of a $0 settlement from the hospital, the plaintiff’s attorney took the case to court to demand the justice she rightfully deserved.
During a grueling 15-day trial, the defense tried to deflect responsibility by citing Ms. Darko’s health history. However, after a diligent five-hour deliberation, the jury resoundingly found St. Barnabas Hospital entirely at fault, responsible for the profound damage inflicted on Ms. Darko’s life.
In addition, the jury ended up criticizing the defense for arguing that the plaintiff’s health conditions made her stroke inevitable, a flawed stance emphasizing the need for her intensive monitoring and timely intervention in the ICU, given her deteriorating vitals and health markers prior to the stroke.
Acknowledging the depth of her suffering and the irreversible impact of the hospital’s negligence, the Bronx jury awarded Ms. Darko $20,240,000 in damages. The compensation included:
- $5 million for the pain and suffering endured since the stroke in 2017.
- $9.24 million for anticipated future pain and suffering over the next 23.1 years.
- $6 million for future medical expenses to cover essential healthcare needs.
The Importance of Legal Representation in Medical Malpractice
This 20.24 million verdict, under the judicial oversight of Judge Paul L. Alpert, serves as a poignant reminder of the legal consequences of medical malpractice and the paramount importance of adhering to medical protocols.
It’s a clear message that mistakes in medical care can lead to serious legal actions and emphasizes the need for better practices to stop such issues from happening again.
Moreover, it also highlights the vital role of personal injury attorneys in advocating for the rights and well-being of victims of medical malpractice, ensuring they do not fall victim to lowball insurance settlements or get their rights dismissed.