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$2,400,000 Settlement for Complications Caused by Surgical Malpractice


A Parsippany man and his wife have settled their claims for an improperly performed surgery for Graves Opthalmopathy (bulging of the eyes due to thyroid disease), which resulted in his suffering a brain injury. On April 1, 1999 a left three wall orbital decompression was performed. Immediately following, Mr. Pajank became lethargic and confused and had bleeding from his eye and ear. A CT scan of the head revealed an acute hemorrhage within the left frontal lobe with intraventricular extension and associated mass effect.

The performing surgeon penetrated too far behind the patient's eye socket during the procedure, bruising the plaintiff's brain, and causing him permanent neurological disabilities. As a result of his injuries, Mr. Pajank is completely disabled and is totally dependent in his activities of daily living and suffers cognitive deficits. His cognitive and physical condition deteriorated after experiencing numerous seizures and a stroke. He requires total care, which has been provided by his wife. He is asleep most of the time. When he is awake, he will open his eyes and babble incoherent words. He does move all four extremities and will turn side to side on his own, although he is unable to ingest food or fluids by mouth.

The Order Approving Settlement was executed by Hon. W. Hunt Dumont, JSC in Morris County on October 21, 2004. The current value of $2,400,000 was divided as follows: $1,400,000 on behalf of defendant, Aesthetic and Reconstructive Oculoplastics, PA (Princeton Insurance Company) and $1,000,000 on behalf of the defendant operating surgeon employed by group (MIIX). $972,580 of the net settlement proceeds have been used to purchase annuities to fund periodic payments for the benefit of Raymond and Katherine Pajank that will pay a total of $1,557,600 over the next fifteen years.

The plaintiffs' counsel in this matter was E. Drew Britcher of Britcher Leone, LLC of Glen Rock and Parsippany. Defendants' counsel consisted of Michael J. Keating of Dughi, Hewitt & Palatucci, P.C. for the Neigel Center, P.A., t/a Aesthetic and Reconstructive Oculoplastics, P.A., and E. Burke Giblin, Esq. of Giblin & Combs, P.C. for the defendant employee operating surgeon.

For further information contact:
Dante C. Mott

"The mission of Britcher Leone, LLC is to unite the professional disciplines of medicine and law to help the victims of physicians' malpractice and serious personal injury restore their future and the future of their families."
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