Patient Wins $2.75 Million in Suit Over Misdiagnosis of Dislocated Shoulder
PERMANENT DISABILITY ALLEGED: Adam Slater contended that his client can no longer use her left hand because of the misdiagnosis.
A Bergen County woman who claimed misdiagnosis and delay in treatment of a dislocated shoulder caused a permanent disability accepted $2.75 million on Feb. 21 to settle her medical malpractice suit, Brue v. Brunetti.
Rose Brue fell down stairs on Feb. 15, 2008, injuring her left shoulder. At Holy Name Hospital in Teaneck, emergency room doctor Fang-Chin Chiang ordered an X-ray and radiologist Jacqueline Brunetti interpreted it as a simple fracture, the suit alleged.
Treatment was delayed and the condition worsened. Brue, now 62, can no longer use her left hand, says her lawyer, Adam Slater of Mazie, Slater, Katz & Freeman in Roseland.
The suit alleged that Brunetti misread the X-ray and Chiang failed to realize Brue’s pain was out of proportion to the diagnosis, to order more tests and to seek a radiological consult. Also named as defendants were nurses Mona Francois and Lisa Young, who allegedly failed to notify Chiang of Brue’s deteriorating condition.
Brue’s husband, Robert, sued per quod and her daughters Krystal Brue and Patricia Marinco brought bystander trauma claims.
The hospital, Chiang and the two nurses will pay a total of $1.5 million and Brunetti will pay $1.25 million, according to Slater.
Chiang’s attorney, Craig Combs of Giblin & Combs in Morristown, confirms the settlement. The nurses were represented by Philip Mattia, who heads a firm in Wayne; the hospital by Scott Heller of Reiseman, Rosenberg, Jacobs & Heller in Morris Plains; and Brunetti by Justin Johnson of Marshall, Dennehey, Warner, Coleman & Goggin in Roseland. Those attorneys did not return calls.
— By Charles Toutant
Reprinted with permission from the March 4, 2013 edition of the New Jersey Law Journal© 2015 ALM Media Properties. LLC All rights reserved. Further duplication without permission is prohibited.
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