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Press Release
October 28 $2,400,000 Settlement
for Complications Caused by Surgical Malpractice
PAJANK vs. AESTHETIC AND RECONSTRUCTIVE OCULOPLASTIC PLASTICS
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, & Roth, 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. Return To Previous Page
For further information contact:
Dante C. Mott
(201) 444-1644 | |
