Defense Verdict Evelyn v. Dr. Peter Agho
November 28, 2005
Kathi Rotondo reported that the malpractice unit achieved another defense verdict on November 28, 2005 in the matter of Evelyn v. Dr Peter Agho. The case was venued in Bronx Supreme Court.
The plaintiff alleged that Dr. Agho failed to appropriately appreciate her symptoms and treat her sinus infection. The infection progressed and eventually formed a cavernous sinus thrombosis (blood clot) in the base of the brain. Plaintiff suffered cranial nerve palsies and loss of vision. She was hospitalized for seven weeks and underwent surgery to drain the sinus and rehabilitation. Plaintiff subsequently underwent two surgeries to correct ptosis and exotropia of the left eye. She was left with a permanent cosmetic deformity of the left eye.
We argued that Dr. Agho appropriately treated the initial infection with oral antibiotics and that the immediate use of intravenous antibiotics would have made no difference in the case. The plaintiff was hospitalized and placed on intravenous antibiotics three days after the initial treatment. The infection continued to progress despite the IV antibiotics. The bacteria that were the source of the infection were never identified despite numerous cultures.
The jury agreed with our defense and rendered a verdict in fifteen minutes. Thanks to Micheal Loffredo and Neil Ekblom for the excellent pre trial analysis of the case.
