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Medical Malpractice $2 Million Settlement

The law Offices of Marc S. Albert is pleased to announce the settlement of a tragic medical malpractice case which was brought on behalf of the family of a 30 year old wife/mother who died as a result of a negligently performed diagnostic mediastinoscopy and biopsy surgical procedure on March 4, 2009. The case, which was brought in the Supreme Court, New York County was recently settled for the sum of $2,000,000.00 at a pre-trial mediation.

It was our position in the case that the defendant surgeon was negligent in failing to perform the surgery in the first place given the patient’s condition and that the manner in which he subsequently carried out the procedure also deviated from the standard of care. Our client had been previously diagnosed with Superior Vena Cava Syndrome (SVCS), compression of the Superior Vena Cava, which makes a mediastinoscopy a far more dangerous procedure than it would be otherwise. A patient with SVCS undergoing this surgery will face a significantly greater risk of bleeding during the procedure and increased difficulty in controlling a bleed should one occur. Unfortunately, this is precisely what occurred during the surgery, as the surgeon tore the plaintiff’s Superior Vena Cava, leading to tremendous bleeding which he could not control. The plaintiff never regained consciousness following the procedure and was pronounced dead later that same day.


IT IS CERTAINLY THE HOPE THAT THE SUCCESSFUL RESOLUTION OF THE CASE CAN HELP THIS TRULY WONDERFUL FAMILY BEGIN TO LOOK FORWARD TO WHAT WILL, NO DOUBT, BE A BRIGHT FUTURE TOGETHER.


The result was, simply put, a tragedy, leaving a young man without his 30 year old wife and their 6 year old son without a mother. It is certainly the hope that the successful resolution of the case can help this truly wonderful family begin to look forward to what will, no doubt, be a bright future together.

Client Reviews
★★★★★
"MARC IS THE VERY BEST AT WHAT HE DOES!"

When I was seriously injured in a car accident, I didn’t know where to turn. I was confined to my home, couldn’t work and was being besieged with medical bills from doctors and hospitals. I feel so lucky to have found Marc and his firm. They took care of everything for me and allowed me to concentrate on my recovery. It put my mind completely at ease to know that Marc was handling me case. He held my hand through the entire process and I was ecstatic with the result. Marc is the very best at what he does!

Valerie S.
★★★★★
"I WOULD MOST DEFINITELY RECOMMEND YOUR FIRM"

Marc, just wanted to thank you again for all your hard work on my case, the outcome of which I was extremely happy with. Your office was always helpful and patient in answering all my questions. I never felt like another “case” . I would most definitely recommend your firm to all of my friends and colleagues. Great job!

Margaret M.
★★★★★
"MR. ALBERT'S EXPERTISE WAS HIGHLY RECOMMENDED"

Mr. Albert’s expertise was highly recommended to me. During the course of the case, Mr. Albert took the time to walk me through each step he was taking. I continually felt he cared about me and what I was going through. At the end, I was very pleased with the outcome and would not hesitate to recommend him.

Margery S.