Victoria Wickman
Top rated Medical Malpractice attorney in New York, New York
Law Office of Victoria Wickman
Practice areas: Medical Malpractice, Personal Injury; view more
Licensed in New York since: 2002
Education: St. John's University School of Law
Languages spoken: English, Italian
Selected to Super Lawyers: 2014 - 2026 
Selected to Rising Stars: 2013 Call today:
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Details
Victoria Wickman is the founder of a boutique law firm in New York City, the Law Office of Victoria Wickman. Her firm is completely focused on medical malpractice and represents clients who have suffered injuries in the course of receiving any type of medical care. She serves clients in the New York City metropolitan area and in New Jersey. Ms. Wickman began her law career by working in a local law office while still attending law school. While there, she handled all the personal injury matters and developed a passion for those that have been mistreated and injured.
Ms. Wickman graduated cum laude from St. John's University in 1998 and earned her Juris Doctor from the St. John's University School of Law in 2001. After graduation, she worked at a Park Avenue law firm as an associate where she served on personal injury and medical malpractice cases. Ms. Wickman worked in this capacity for three years before moving to a prestigious personal injury law firm. While there, she secured numerous multimillion-dollar settlements in cases involving medical malpractice, including failures to diagnose cancer, improper surgeries and improper infant deliveries. This continued success led her to open her own firm in 2009. In addition to medical malpractice, her practice specializes in traumatic brain injury cases and personal injury. As a sole practitioner, she can dedicate her time and energy to her clients. Her office is located in downtown Manhattan.
Ms. Wickman is the Co-Vice Chair of the Medical Malpractice Committee of the New York State Trial Lawyer's Association and was President of the Organization from 2024-2025. She was also given the Pen Award from Governor Andrew Cuomo for her work in having the statute of limitations corrected for cancer patients who were not timely diagnosed. Ms. Wickman is also a member of many other professional organizations, including the Brooklyn Women's Bar Association, the Kings County American Inns of Court, the North American Brain Injury Society and the New York State Bar Association. She is licensed to practice in New York, New Jersey and Virginia and speaks fluent Italian.
Practice areas
Personal Injury - Medical Malpractice: Plaintiff, Personal Injury - General: PlaintiffFocus areas
Birth Injury, Brain Injury, Construction Accident, Delayed or Incorrect Diagnosis, Medical Malpractice, Motor Vehicle Accidents, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Sexual Abuse - Plaintiff, Slip and Fall, Wrongful Death
- 90% Personal Injury - Medical Malpractice: Plaintiff
- 10% Personal Injury - General: Plaintiff
First Admitted: 2001, New Jersey
Professional Webpage: https://www.wickmanmedlaw.com/attorney/victoria-wickman
Bar / Professional Activity
- Failure To Diagnose Prostate Cancer $2 Million RECOVERY Primary Care Physician failed to inform patient of elevated PSA score. Richmond County, NY This medical malpractice action involved a plaintiff in his mid-50s who underwent routine PSA testing in May 2013. The PSA was found to be elevated at 8.2, which requires further investigation. The physician read the report and noted on the labs were “very good.” In June 2014 he went to another physician who ordered his PSA. At that time, his PSA was 14. He was diagnosed with an aggressive prostate cancer yielding a Gleason score of 9 with invasion into the seminal vesicle and extraprostatic extension. He required nine weeks of transrectal radiation, estrogen therapy causing him to gain weight and become depressed. Last and most importantly, the delay caused his prostate cancer to advance to a less curable stage. The plaintiff contended that his primary care physician should have immediately sent him for further testing and failed to do so resulting in a one year delay in diagnosis. Plaintiff alleged lost earnings from his business and his wife alleged loss of consortium. The case settled prior to the defendant’s deposition for $2 million at a mediation.
- Failure To Diagnose Breast Cancer $1.6 Million RECOVERY Radiologist failed to diagnose signs of breast cancer on mammogram. Queens County, NY This medical malpractice action involved a plaintiff in her mid-60s who underwent routine mammograms at a local radiology facility from 2009 through 2012. The plaintiff contended that the radiologist negligently failed to see and document suspicious breast calcifications. Plaintiff further contended that these calcifications required further investigation to rule out the very real probability of the plaintiff having breast cancer. When the plaintiff was ultimately diagnosed with breast cancer in 2012, she was Stage IIIB. Her tumor had grown to 6.5 cm and had spread to her axillary lymph nodes. She required a double mastectomy, chemotherapy (before and after surgery) and radiation therapy. Plaintiff claimed that had she been diagnosed timely, she would have had a better chance of survival and would not have needed all of the therapy she ultimately had, including the double mastectomy. The case settled prior to trial for $1.6 million.
- Co-Vice Chair Medical Malpractice Committee, New York State Trial Lawyer's Association, 2019
- Failure To Diagnose Congenital Heart Defect In Utero $425,000 RECOVERY Physician failed to properly examine fetal heart during fetal anatomy scan Bronx County, NY This medical malpractice action involved a plaintiff who underwent a routine fetal anatomy scan that was done at 24 weeks of pregnancy. The imaging captured of the heart never checked for outflow tracts and required the patient to come back for additional imaging. Rather, the defendant negligently issued a sonogram report stating that the fetal heart was normal. Following a normal remainder of the pregnancy, the infant plaintiff was born and handed to his mother. After about 20 minutes, the mom realized her baby began turning blue. It was quickly realized that the baby had a congenital heart defect known as a transposition of the greater arteries. With that condition, oxygenated blood incorrectly gets pumped back to the lungs and oxygen-depleted blood incorrectly gets pumped throughout the body. This condition is routinely diagnosed in utero during a fetal anatomy scan. When it is diagnosed, preparations are made for the infant to be delivered by C-section with a pediatric cardiothoracic surgical team ready to perform the procedure to switch the vessels to pump oxygen-depleted blood to the lungs for oxygenation and oxygen-rich blood to the body. Since this condition was not diagnosed, there was no team available for the infant at the delivery hospital. Efforts were made to transfer the infant to a nearby hospital. However, the infant died after five hours of life. An action was brought for the infant’s five hours of pain and suffering. The plaintiff contended that the physician interpreting the fetal anatomy scan should have recommended that the mother return for additional imaging of the heart since blood flow tracts that appear red and blue during a scan was never performed. The plaintiff further contended that had this been performed, transposition of the greater vessels would have been diagnosed and the infant would have lived. Defendant argued that in addition to the transposition, the infant had a Patent Foramen Ovale, which coupled with the transposition made surgical correction difficult and therefore argued the infant would have died anyway. Plaintiff was ready to call a pediatric cardiothoracic surgeon who would have argued that PFOs are common in infants with transposition of their greater vessels, and this infant absolutely would have survived. The case settled prior to the defendant’s deposition for $425,000.00.
- Failure To Diagnose Male Breast Cancer $2,225,000 RECOVERY AT JURY SELECTION Family physicians failed to investigate the presence of a unilateral inverted nipple for at least four years. Rockland County, NY This case involved a plaintiff who had been a patient of the defendant family practice for many years undergoing routine physical exams every approximate six months. Plaintiff contended that the initial defendant, who had been his physician until going to a different practice negligently failed to investigate and ignored the sign of a unilaterally inverted left nipple – a red flag for breast cancer. The plaintiff further contended that when he first saw the second physician in May 2015 for a rash above the left nipple – which was a red flag for breast cancer – the physician negligently misdiagnosed him with ringworm. The plaintiff would have maintained that the one nipple had been inverted since at least 2012 when photographs were taken while on a cruise showed the inversion. The plaintiff contended that the nipple would have been in sight by the physician at least once every six months until he changed practices since this was the left nipple where the physician would have to place his stethoscope to listen to the patient’s heart at every visit and was therefore readily apparent for the physician to visualize. The plaintiff contended that this defendant failed to consider the inverted nipple as cancer. The plaintiff would have asserted that the failure to diagnose breast cancer when it first presented deprived him of a chance for a total cure. The plaintiff would have maintained that there was still a substantial chance for successful treatment when first saw the second defendant in May 2015 with complaints of a rash above the nipple. The second defendant diagnosed ringworm, gave him a cream and told him to return if there was no improvement. The plaintiff maintained that since there was some improvement from the cream, he did not return until he had a routine exam in December 2015. During that visit, the second defendant noted a normal breast exam. The plaintiff returned approximately one month later, complaining of severe back pain and asked the doctor to look at his nipple since it was black. The second defendant palpated a large mass behind his left nipple. Plaintiff underwent a sonogram followed by a mammogram that revealed the cancer. It was also determined that the cancer had spread to the lilac bone, the acetabulum, the proximal femur, the thoracic and lumbar spine. The plaintiff suffered a fracture to the femoral neck and needed a hip replacement and also suffered several lumbar compression fractures because of the metastasis. The plaintiff maintained that the metastasis to the bone causes especially severe pain. Plaintiff was 68 years old at the time of diagnosis. The plaintiff asserted that once the cancer spread to the bone, there was a 0% chance of long-term survival. The plaintiff continues to take chemotherapy, tamoxifen therapy and radiation treatments. The evidence also disclosed that the plaintiff developed a molar abscess, and the cancer treatments rendered treatment of the molar abscess very difficult, irrespective of the administration of IV antibiotics. The defendants would have maintained that they did not note the inverted nipple because the plaintiff never took off his shirt at any of the office visits from 2012 until 2016. The plaintiff testified that he unbuttoned his shirt at every visit to be examined by the defendants. The plaintiff would have also argued that the records documented high-level physical examinations that could not be possible if the patient did not remove his shirt. Further, performing such high-level examinations with a shirt on would constitute deviations in and of itself. The initial defendant had a $1.3 million primary policy and a $1 million excess policy. The second defendant had a $1.3 million policy and no excess coverage. The case settled at jury section for the $1.3 million primary policy from the first defendant, $387,500 from his excess carrier and $562,500 from the second defendant. The plaintiff’s total recovery was $2,225,000. COMMENTARY: The plaintiff, who would have introduced photographs taken on a cruise in 2012 and others from 2014, all of which depicted the unilateral inverted nipple, would have had a very strong case, arguing that when he visited the defendants’ practice for twice-yearly routine physicals, the failure to consider male breast cancer in the fact of such a sign was clear deviations, notwithstanding evidence that reflected that the incidence of male breast cancer of less than 1%. The defendants would have endeavored to defend the case by arguing that the plaintiff did not remove his shirt during the routine visits. The plaintiff who denied that this position was accurate, would have also argued that if the defendant had reported normal findings, the defendants had clearly deviated in conducting the exam without the shirt removed. The plaintiff settled the case for less than the coverage of the defendants. The consideration of having the plaintiff receive the funds as soon as possible was a significant factor.
- Motor Vehicle Accident – Pedestrian Knockdown $2.9 Million RECOVERY Limo driver failed to see Plaintiff crossing in the crosswalk. Kings County, NY This motor vehicle accident involved an 18-year-old freshman who was crossing the intersection of Water Street and Fulton Street at approximately midnight when she was struck by a Black Chevy Suburban limousine. The plaintiff maintained that she had the green light, looked both ways and did not see the vehicle as it was approaching prior to being struck. Defendant argued that the plaintiff was running across the street against the light, was not able to be seen since she was wearing dark clothing and was intoxicated. At trial, the plaintiff presented a witness who testified that the plaintiff crossed with the green light, was not running and was not intoxicated. Plaintiff also called an expert witness toxicologist to testify that the plaintiff was not intoxicated based upon blood toxicology obtained at the hospital, an expert witness to testify that the lighting conditions were more than bright enough to see the plaintiff crossing the street and an expert accident reconstructionist who testified that the defendant driver had ample time to apply his brakes to avoid hitting the plaintiff and the accident was 100% the fault of the driver. Plaintiff also brought out testimony that the defendant driver was lost and that the defendant could not have been looking at the road at the time of the accident since he admitted he never saw the plaintiff until after he struck her and the point of impact was after she had crossed past the driver’s side and was struck by the front passenger side of the vehicle. Defendants called no witnesses other than the defendant driver. The jury rendered a verdict in favor of the plaintiff on liability finding the defendant 90% at fault and the plaintiff 10%. The case settled prior to the damages trial for $2.9 million. Had the case not settled, the plaintiff would have presented the following injuries to the jury: Loss of consciousness; Fractured right clavicle; Lateral compression fractures of the bony pelvis with right iliac, left sacrum, right acetabular, right pubic rami and left inferior pubic ramis fractures associated with small pelvic hematomas; Disruption of pelvic circle; Right posterior eighth rib fracture; Right pneumothorax with lung contusions/lacerations; Multiple grade 1-2 liver lacerations; Blood loss; Need for blood transfusion; Surgical implantation of device used for skeletal traction; Surgical removal of device used for skeletal traction; Open reduction internal fixation of pelvic fractures with placement of plate and screws; Placement of chest tube; Surgical placement of vena cava filter; Scarring; Need to undergo extensive physical therapy; Need to undergo extensive occupational therapy; Inability to deliver future pregnancies naturally due to disruption of the pelvic circle; Need for cesarean section for all future deliveries due to disruption of the pelvic circle; Pain and suffering from cesarean sections; Increased risk of pelvic adhesions and all the complications stemming therefrom as a result of inability to deliver naturally due to disruption of the pelvic circle; Conscious pain and suffering.
- Admitted to the Commonwealth of Virginia, 2025
- Chaired Medical School for Lawyers continuing education course for New York State Trial Lawyers Association teaching medicine to trial lawyers to maximize their effectiveness at trial and settlement negotiations. , 2023
- President of the New York State Trial Lawyers Association , 2024
- Deputy Treasurer, New York State Trial Lawyer's Association, 2021
- Board of Directors, Brooklyn Women's Bar Association, 2019
- New York State Bar Association
- New Jersey, 2002
- Columbian Lawyers of Kings County
- New York, 2001
- Nathan Sobel Inns of Court, Kings County
- North American Brain Injury Society
- American Inns of Court, Kings County, 2006
Verdicts / Settlements (Case Results)
- Improper Management Of Labor And Delivery Resulting In An Erb’s Palsy $900,000 RECOVERY Physician failed to properly use accepted maneuvers to relieve a shoulder dystocia Kings County, NY This medical malpractice action involved a plaintiff who presented to the defendant OB-GYN for her pregnancy. During the labor and delivery, the infant’s shoulder became lodged behind the mother’s pubic symphysis bone – an obstetrical emergency known as shoulder dystocia. The physician documented that he visualized a turtle sign – a condition when the head retracts back toward the vaginal canal as a result of the fetal shoulder being lodged behind the maternal pubic symphysis. Plaintiff alleged that the defendant obstetrician was negligent in utilizing accepted techniques to relieve shoulder dystocia without injuring the infant and that the defendant negligently pulled too hard on the infant’s head resulting in a permanent brachial plexus injury known as an Erb’s palsy. The infant plaintiff had undergone years of therapy, medical procedures and botox injections. By 6 years of age, the infant plaintiff did not have full use of her left arm, she had winging of the scapula, could not catch a ball, could not pull up her clothes, needed help dressing and had trigger thumb that required surgery. The condition was permanent. The case settled after party depositions for $900,000.
- Failure To Diagnose Colon Cancer $1.65 Million RECOVERY Physician Assistant failed to timely investigate the plaintiff’s decedent’s complaints Kings County, NY This medical malpractice action involved the plaintiff’s decedent, an immigrant, married father of one teenage daughter, who presented to a physician assistant complaining of mid-epigastric pain and bloating since 2010. Plaintiff contended that the complaints were ignored for about one year. Eventually, the decedent was sent to a gastroenterologist who prescribed anti-reflux medication and performed an endoscopy only. Plaintiff alleged that the biopsy results were benign and did not explain the decedent’s continued complaints despite being on anti-reflux medication. Decedent returned to the physician assistant and the decedent requested a colonoscopy however the physician assistant advised him he was too young. By February 2012, the decedent began bleeding rectally. The physician assistant sent him to a different gastroenterologist who immediately diagnosed the decedent with Stage IV colon cancer with metastasis to his liver. Following his diagnosis, the decedent could no longer work as a janitor. The decedent expired on July 13, 2013. The plaintiff maintained that the decedent’s complaints were not timely investigated. The defendants argued that the complaints were not consistent with colon cancer and the standard of care was followed. Plaintiff would have called an expert gastroenterologist to testify that the biopsy results did not explain his ongoing complaints despite proper medication and that in that setting, the standard of care required a colonoscopy and/or CT scan for further investigation. During the discovery phase of litigation, it was discovered that the day after the defendant physician assistant received the complaint, the decedent’s medical record was altered 72 times. Following the denial of summary judgment to all defendants, the parties mediated a settlement against the physician assistant and the supervising physician for $1.65 million.
- Failure To Suction Temporarily Paralyzed Patient $815,000 RECOVERY Rehabilitation Facility failed to suction a patient with a tracheostomy and check oxygen saturation levels Bronx County, NY This medical malpractice action involved the plaintiff’s decedent, a retired married father of four, who contracted Guillain-Barre syndrome – a temporary paralyzing condition. The decedent was paralyzed from the shoulders down but was conscious, alert and able to express his needs. After responding well to IVIG treatments as an inpatient at a local hospital, he was transferred to the defendant rehabilitation specialty hospital for continued therapy in July 2015. The center determined that he should be suctioned at least every two hours as needed and rounded every 15 minutes for safety. The plaintiff contended that less that on the second night of his arrival to the rehabilitation center, she observed his breathing was labored. She had asked the nurse to suction him and to check his oxygenation level. The nurse said it would be checked at the next shift. At the next shift, his oxygen levels were not checked. Thereafter, the decedent coded. The center did not have epinephrine available. The decedent suffered a lack of oxygen to the brain. He lived a few months in a vegetative state and expired in October 2015. The plaintiff maintained that the decedent’s complaints were not timely investigated. That his oxygen levels should have been checked, he should have been suctioned, and the center should have had epinephrine. The defendant’s medical records last documented the decedent’s oxygen levels four hours prior to the decedent’s coding. Prior to the defendant depositions, the parties mediated a settlement for $815,000 of $1 million total available coverage.
- Failure To Recognize Bowel Perforation Following Colonoscopy $725,000 RECOVERY Gastroenterologist failed to timely investigate the plaintiff’s complaints Kings County, NY This medical malpractice arose following the plaintiff’s colonoscopy. Plaintiff, a woman in her early 70s, underwent a routine colonoscopy. Following the procedure, she had complained of severe abdominal pain. She was instructed by her physician to go home and have a cup of coffee. She followed her physician’s advice. By the third day, she was found by her husband on the floor and rushed to the emergency room of a local hospital. One week after her admission, an exploratory laparotomy was performed finding severe peritonitis from a perforated colon. Plaintiff underwent a colostomy procedure that was reversed six months later. Plaintiff lost 29 cm of her colon, abdominal scarring, sepsis and prolonged hospitalization for the sepsis. An action was brought against the gastroenterologist for failing to investigate her complaints following the colonoscopy and against the hospital in delaying the exploratory laparotomy despite knowing she recently underwent a colonoscopy, and there is a risk of perforation. Following the plaintiff depositions, the case settled for $725,000.
- Negligent Administration $440,000 RECOVERY Medical Malpractice – Negligent administration of excessive IV epinephrine when patient suffers anaphylactic reaction to contrast material during pre-op x-ray – Cardiac arrest – Defendant contends cardiac injury resolves after 5-day hospitalization – Plaintiff contends need for daily Coreg for remainder of her life constitutes permanent injury – PTSD – Initial diagnostic testing performed in preparation for rectocele repair surgery – Need to delay surgery for 10 months Richmond County, NY This was a medical malpractice action involving a plaintiff who had an x-ray study that used contrast material done by the defendant radiologist as part of the pre-op workup before planned surgery to repair a rectocele. The plaintiff contended that when she had an apparent anaphylactic reaction to the contrast material, the defendant radiologist negligently responded by administering 10 times the proper dosage of epinephrine and negligently administered it IV instead of IM. The plaintiff contended that she suffered an immediate cardiac arrest, that her ejection fraction declined to 35% and that she had abnormal cardiac enzymes. The plaintiff was hospitalized for five days. The ejection fraction and cardiac enzymes returned to normal by the end of this period and the defendant contended that the cardiac injury resolved. The plaintiff maintained that she is required to take Coreg for the remainder of her life, which would not otherwise be the case. The plaintiff also contended that the surgery to repair the rectocele had to be delayed for some 10 months and that the bowel and bladder difficulties continued during this period. The case settled prior to trial for $440,000. REFERENCE Plaintiff patient experiencing allergic reaction to contrast material vs. Defendant radiologist., 11-00-12. Attorney for plaintiff : Victoria Wickman of Law Offices of Victoria Wickman in New York.
- Failure To Diagnose Appendicitis $400,000 RECOVERY Failure of Radiologist to Properly Interpret CT scan showing appendicitis Nassau County, NY This medical malpractice action involved the infant plaintiff presenting to the defendant’s emergency room in July 2014 complaining of abdominal pain and vomiting. A CT scan was performed and interpreted as normal. The infant plaintiff was discharged with a diagnosis of gastroenteritis. The following week, upon the infant plaintiff becoming sicker, having an increase in abdominal pain and unable to walk, the infant was rushed to the emergency room again. A CT scan was repeated and the radiologist compared the CT scan to the one done the prior week. Upon re-review, the radiologist noted that the CT scan from the week before was misread and did in fact show appendicitis. The infant plaintiff suffered peritonitis from a ruptured appendix requiring resuscitation, drainage of the peritoneal abscess, development of small bowel obstruction, development of abdominal adhesions, omentectomy and scarring at the surgical site. Prior to defendant depositions, the case settled for $400,000.
- Negligent Administration of Medicine $440,000 Medical Malpractice RECOVERY – Negligent administration of excessive IV epinephrine when a patient suffers an anaphylactic reaction to contrast material during preop X-ray – Cardiac arrest – Defendant contends cardiac injury resolves after five-day hospitalization – Plaintiff contends need for daily Coreg for the remainder of her life constitutes permanent injury – PTSD – Initial diagnostic testing performed in preparation for rectocele repair surgery – Need to delay surgery for 10 months – Richmond County, NY. This was a medical malpractice action involving a plaintiff who had an X-ray study that used contrast material done by the defendant radiologist as part of the preop workup before planned surgery to repair a rectocele. The plaintiff contended that when she had an apparent anaphylactic reaction to the contrast material, the defendant radiologist negligently responded by administering 10 times the proper dosage of epinephrine and negligently administered it IV instead of IM. The plaintiff contended that she suffered an immediate cardiac arrest, that her ejection fraction declined to 35% and that she had abnormal cardiac enzymes. The plaintiff was hospitalized for five days. The ejection fraction and cardiac enzymes returned to normal by the end of this period, and the defendant contended that the cardiac injury resolved. The plaintiff maintained that she is required to take Coreg for the remainder of her life, which would not otherwise be the case. The plaintiff also contended that the surgery to repair the rectocele had to be delayed for some 10 months and that the bowel and bladder difficulties continued during this period. The case settled prior to trial for $440,000. REFERENCE Plaintiff patient experiencing an allergic reaction to contrast material vs. Defendant radiologist., 11-00-12. Attorney for plaintiff: Victoria Wickman of Law Office of Victoria Wickman in New York.
- $9M medical malpractice settlement The plaintiff brought a medical malpractice lawsuit on behalf of a woman who suffered a severe brain injury after the hospital administered a contraindicated medication following a stroke. The medication caused a brain hemorrhage, and the case resolved with a $9 million settlement.
- $1.2M Medical Malpractice Settlement Our team obtained a $1,200,000 settlement during a medical malpractice trial, following the defendants’ testimony. The lawsuit alleged the hospital negligently failed to treat constipation in a 31‑year‑old neurologically impaired, non‑verbal patient, resulting in a necrotic bowel and fatal peritonitis; no settlement offers were made before trial.
- Failure To Diagnose Lung Cancer: $2M Settlement Defendant Primary Care physician failed to order annual low dose screening chest CT scans based purely on her past smoking history. Thereafter, in 2018, the plaintiff had a CT scan of her chest for unrelated reasons that found an area of abnormality in her lower left lung. A CT scan of her chest was recommended by the radiologist. The chest CT scan found an abnormality and recommended a follow up CT scan in three months. That test was never ordered by the PCP at any time from then over the next 4 years. In January 2022 the plaintiff presented to the ER with severe shortness of breath and back pain. She was diagnosed with Stage IV lung cancer that metastasized to her bones. She was 58 at the time of her diagnosis. There was limited malpractice insurance available.
- Failure To Diagnose Anorectal Malformation In Neonate: $3.5M Settlement The infant was born and during the first 48 hours of life, the nursing staff noted that she was not properly stooling. A senior nurse attempted rectal stimulation with a probe and noted “it was met with resistance. Pediatrician aware.” The hospital staff pediatrician decided any further examination was not necessary. Additionally, never informed the parents of the nurses finding or the outpatient pediatrician in the discharge papers. At 5 months old, the infant had stool emanating from her vagina, requiring a colostomy and surgical correction of her anorectal malformation. Due to the delay, she had ongoing difficulties stooling secondary to the development of megacolon. Defense claimed that megacolon was not caused by the delay but rather is a common finding in infants with anorectal malformations. The case settled against the hospital prior to trial.
- Failure To Diagnose Sepsis Medical Malpractice – Failure to diagnose sepsis – Multiorgan failure – Need for ICU and three weeks as inpatient in hospital – Patient initially given 50% chance of survival – Plaintiff substantially recovers as of one year after negligence. Kings County, NY The plaintiff, then 40, who had undergone a laser hemorrhoidectomy that was performed by the defendant colorectal surgeon, contended that when he informed the physician two days after the outpatient procedure, that he had developed a fever, the defendant physician negligently failed to examine him and advised him that since his 4-year-old daughter had a virus, he probably caught it from her. The plaintiff contended that the condition continued to worsen and when he had a 103.4 fever two days later, he went to the ER. He was discharged the same day. The plaintiff maintained that although the culture started to grow out bacteroides ureolyticus, reflecting a life-threating infection in his bloodstream. Although the hospital lab conducting the testing left a message on the ER’s answering machine, the plaintiff was not informed of the results and of his need for admission. The plaintiff contended that his condition continued to deteriorate and that as of approximately one week after the laser procedure, he was severely jaundiced, was hallucinating, had continuing fever, chills and nausea, and was brought to the co-defendant, his family physician. The plaintiff maintained that this physician ordered an ultrasound and blood work. The ultrasound was normal but blood work showed markedly abnormal liver functioning. Despite this, the plaintiff was not advised to go to the emergency room. The plaintiff maintained that his condition continued to deteriorate over the next two days until he called an ambulance and went to the ER. The plaintiff contended that by this time, he suffered multisystem organ failure with encephalopathy. The plaintiff was immediately placed in ICU and was given a 50-50 chance of survival. He was then transferred to the floor and his total hospitalization was three weeks. The plaintiff maintained that he suffered extreme fatigue and weakness, which gradually improved over the next approximate one-year period. The plaintiff made no income claims. The case settled prior to trial for $300,000 from the hospital and $200,000 from the family physician.
- Failure To Investigate Cause Of Internal Bleeding $325,000 RECOVERY Medical Malpractice – Failure to investigate the cause of internal bleeding following panniculectomy performed to remove excess skin after gastric bypass surgery – Wound opens approximately one week after discharge and contents spill onto the floor – Need for subsequent surgery – Severe pain and suffering for six weeks – Extensive permanent scarring – Loss of naval. Kings County, NY The plaintiff, who underwent a panniculectomy to remove excess skin following gastric bypass surgery, contended that the defendant vascular surgeon negligently failed to achieve hemostasis in the surgery and that signs, including severely diminished hemoglobin and hematocrit counts, dictated that the defendant vascular surgeon perform additional surgery to ascertain the cause before discharging her. The plaintiff maintained that the defendant failed to do so and that approximately one week later, the wound opened and the contents, including a significant number of blood clots, fell onto the bathroom floor. The plaintiff, who immediately was returned to the hospital, contended that a decision was made that she required a transfusion. The evidence disclosed that although the defendant was on vacation, the hospital was able to reach him, but that he refused to authorize a transfusion. The hospital repeated the request twice, and upon the continued refusal, went up the chain of command in the hospital and obtained authorization for the transfusion. There was no claim that the refusal to authorize the transfusion caused a delay that heightened the extent of permanent injury. The plaintiff contended that she underwent successful surgery and that after six to eight weeks of severe pain and suffering, she essentially recovered from a functional point of view. The plaintiff contended, however, that she has been left with extensive scarring and that the naval actually sloughed off. The case settled prior to trial for $325,000. REFERENCE Attorney for plaintiff : Victoria Wickman of Law Office of Victoria Wickman in New York, NY.
- Failure To Perform Emergent Surgery Date of Verdict/Settlement: April 29, 2010 Topic: Medical Malpractice – Endocarditis Diagnosis – Failure to Perform Emergent Surgery – Wrongful transfer of unstable patient in contravention of Federal Law – DEATH ACTION Summary: Award Total: $3 million RESULT (Settlement): The parties agreed to a $3 million settlement. REFERENCE: Attorney for plaintiff: Victoria Wickman of Law Office of Victoria Wickman in New York, NY. Facts: New York County, NY This death action involved a 54-year-old patient who was a transit worker and the married father of three who visited the emergency room of a nondefendant hospital with a history of back pain of approximately one month duration as well as decreased urinary output, weakness and fatigue of several days’ duration. The plaintiff contended that although appropriate testing led to the timely and accurate diagnosis of endocarditis and a decision that emergency surgery was necessary, the operation was not performed and that the patient died at approximately 8 p.m. five days after he was first seen and some 12 hours after cardiac enzyme testing showed that the patient was suffering a cardiac infarct. The evidence disclosed that the patient first presented to the emergency room on Wed. Oct 19, 2011, and a correct diagnosis was made shortly thereafter. The patient was admitted, and antibiotics were administered. The decision was made that emergency cardiothoracic surgery was necessary, and since this initial institution did not have a cardiothoracic unit, the patient was transferred to the defendant hospital on Fri, Oct 21. The surgeon who was scheduled to perform the surgery was called into service because of two unrelated emergencies, and since the patient was then stable, a decision was made to transfer him to a second defendant hospital for expedited surgery. This transfer was done on Saturday morning. The plaintiff contended that upon arrival at this third hospital, a cardiothoracic surgeon lifted the order precluding food by mouth and recorded that he would not be having surgery over the weekend, but only monitored. The plaintiff asserted that although the patient remained stable over the weekend, his status changed dramatically by 8 a.m. Monday The plaintiff contended that records reflected that his BP was 80/40, that he was complaining of chest pain that was 8 out of 10 and had increased respiratory rates and that his blood work showed abnormal cardiac enzymes. The plaintiff contended that the defendant nonetheless failed to bring the patient to the operating room, and the plaintiff pointed out that in addition to describing his signs and symptoms, the records also reflected that no intervention was contemplated at that time and that the patient would be transferred back to the second hospital. The patient was transferred back to the second hospital at approximately 3:30 p.m. on Monday. The plaintiff maintained that although the patient was then clearly in extremis, the defendants kept the surgery scheduled for Tuesday morning. The patient coded at approximately 7 pm on Monday and died as the defendants were scrambling to assemble an OR team for surgery. The plaintiff maintained that it was clear that the defendants failed to act appropriately and perform surgery that it previously realized was necessary. The plaintiff also maintained that the Monday transfer was in violation of federal law that precludes the transferring of unstable patients. The plaintiff would have contended that it was clear that the patient’s heart was slowly giving out and that the pain and suffering from 8 a.m. on Monday until his death that evening was extensive. The defendant contended that in view of the extensive damage to the heart valves caused by the endocarditis, it was doubtful if the patient would have survived, irrespective of the time of the surgery. The plaintiff’s expert cardiothoracic surgeon would have testified that although this was a difficult surgical case, it was more probable than not that the patient would have survived. The expert would have also maintained that if he survived, the patient would have fully recovered. The decedent was earning $75,000 per year. The plaintiff also maintained that since he generally worked from 7-3 and his wife, a nurse, had two jobs, he would usually be the primary caregiver to the three daughters, age 9, 12 and 14. The plaintiff would have argued that the loss of parental nurture and guidance was particularly profound. The case settled nine months after counsel became involved for $3 million. COMMENTARY: The parties recognized early in the litigation that presenting this case before a jury would be likely to produce particularly strong results and a potentially excessive verdict. In this regard, counsel for the plaintiff relates that a recognition of this probability on the part of the Court was especially helpful and assisted greatly in the swift resolution of the matter. Further, it should be noted that in this death action, prejudgment interest of 9% would have been accruing from the time of the death.
- Failure To Recognize Intraoperative Injury Date of Verdict/Settlement: June 23, 2011 Topic: Medical Malpractice – Gynecological Surgery – Hysterectomy – The plaintiff claimed OB-GYN surgeon failed to recognize Summary: Award Total: $375,000 RESULT (Settlement): The parties agreed to a $375,000 settlement during jury deliberations. Insurance Carrier: Physician’s Reciprocal Insurers Attorneys: Plaintiff: Victoria Wickman; Law Office of Victoria Wickman.; New York, NY Defendant: Barry Schreiber; Aaronson Rappaport Feinstein & Deutsch Judge: Gloria Dabiri State: New York; County: Kings Facts: The plaintiff, a 54-year-old court clerk, underwent a subtotal abdominal hysterectomy performed by her OB-GYN. Intraoperatively, the physician placed a suture around her left ureter thereby strangling it. Despite this injury being a known complication, the physician did not recognize that he did so, nor did he check that the ureter was free from injury prior to ending the surgery. Because the ureter was blocked off, the urine produced by the kidney could not flow to the bladder. Her left kidney filled with fluid, a condition called hydronephrosis. A few days after surgery she complained of severe lower back and abdominal pain. She returned to the hospital where a urologist performed a cystoscopy and diagnosed the plaintiff as having a completely blocked ureter. A tube was placed into the plaintiff’s kidney to drain the fluid, a procedure called a nephrostomy, allowing the kidney to heal. Six weeks later, she underwent surgery to cut the ureter above the damage and reimplant the ureter into the bladder. Three weeks later, her nephrostomy tube was removed. Plaintiff claimed that as a result, she suffered from intermittent flank pain and urge incontinence. At trial, it was brought out by the defense that there were no documented complaints of either flank pain or intermittent incontinence.
- Failure To Diagnose Stage I Cancer. Topic: Medical Malpractice – Cancer Diagnosis – Medical Malpractice – Delayed Diagnosis the plaintiff claimed failure to diagnose Stage I cancer. Summary: Award Total: $1.2 million RESULT (Settlement): The parties agreed to a $1.2 million settlement. Insurance Carrier: Medical Liability Mutual Insurance Co. for all defendants. Attorneys: Plaintiff: Victoria Wickman; Sullivan Papain Block McGrath & Cannavo, P.C.; New York, NY Defendant: Kenneth R. Reiser; Bartlett, McDonough, Bastone & Monaghan, L.L.P.; Mineola, NY Judge: Alice H. Schlesinger Range Amount: $1,000,000 – $1,999,999 State: New York; County: New York Injuries: Plaintiff claimed that the 16-month delay allowed her disease to progress from Stage IA to Stage IC grade II mucinous ovarian cancer with lymphovascular invasion. She further claimed that the delay decreased her chance of cure from 92.7% to 84.7% and necessitated a full six months of chemotherapy. Facts: The plaintiff, 26, a physical therapist, developed a left ovarian mass that was removed on Sept. 12, 2003, at NYU Medical Center, in Manhattan. The tissue specimen was sent to NYU Pathology Associates and was read by the cytopathologist as a benign mucinous cystadenoma. However, 16 months later, the plaintiff developed another left ovarian mass, which was removed on Dec. 16, 2004, at the same hospital. That tissue specimen was sent to NYU Pathology Associates and read to be malignant ovarian carcinoma. The cytopathologist then reevaluated the pathology slides of Sep. 13, 2003, and issued an Amended Report changing the diagnosis from benign to malignant. The plaintiff sued the cytopathologist, her practice and the hospital for medical malpractice. She claimed that she suffered a 16-month delay in diagnosing her ovarian cancer. The defendants’ depositions were never held, and they did not contest liability. The plaintiff was unable to work for one year and returned to work as a physical therapist after the completion of chemotherapy. She claimed that she incurred approximately $25,000 in past lost wages and sought to recover damages for her past and future pain and suffering. The defendants’ claimed that the plaintiff was diagnosed in Stage I therefore, the treatment would have been the same and the delay did not cause any harm. ALM Properties, Inc. New York Supreme. PUBLISHED IN: VerdictSearch New York Reporter Vol. 23 2006 WL 1529160 (N.Y.Sup.)
- Improper Injection, Date of Verdict/Settlement: June 11, 2011, Topic: Medical Malpractice – Nurse Negligence – Improper Injection – The plaintiff claimed injection improperly placed. Summary: Award Total: $400,000, RESULT: Settlement, The parties agreed to a $400,000 settlement. Insurance Carrier: Self-Insured. Attorneys: Plaintiff: Victoria Wickman; Law Office of Victoria Wickman; New York, NY. Defendant: New York City Health & Hospitals Corporation. Judge: Bert Bunyan. State: New York; County: Kings. Facts: Plaintiff, 40-year-old Jamaican immigrant, visited his mother in New York. While here, he developed a sickle cell crisis. He was taken to Kings County Hospital where a nurse administered an injection of morphine into the inner lower quadrant of his buttock. He immediately screamed and reported a burning painful sensation down his right leg. He was immediately diagnosed by Kings County Hospital neurologists as having a permanent foot drop due to sciatic nerve damage caused by the injection. It was maintained by the plaintiff’s nursing expert that it is known that the sciatic nerve runs through the inner lower quadrant of the buttock, and therefore the standard of care is to always place the injection in the upper outer quadrant. The defendant maintained that due to his sickle cell he had a shortened life expectancy.
- Settlement Reached For Delayed Cancer Diagnosis. Date of Verdict/Settlement: January 5, 2010. Topic: Medical Malpractice Cancer Diagnosis – Delayed Diagnosis – Medical Malpractice – Delayed Treatment. Summary: Award Total: $650,000. RESULT: Settlement. The parties agreed to a $650,000 settlement. Insurance Carrier: Medical Liability Insurance Co. Attorneys: Plaintiff: Victoria Wickman, Law Office of Victoria Wickman, New York, NY. Defendant: Gerard Marulli, Marulli, Lindenbaum, Edelman & Tomaszewski, New York, NY. Judge: Michelle Weston. State: New York; County: Kings. Injuries: Cancer; hematuria; metastatic cancer; loss of services. The decedent’s unidentified 1 cm mass advanced to stage IV metastatic cancer. In Aug. 2005, the decedent succumbed to bladder cancer. The decedent’s wife, as the administratrix of the Estate of the decedent, sought the recovery of damages for the loss of services from the work that the decedent would have done at her home and a loss of economic support as the decedent’s pension and disability benefit stopped when he had expired. Plaintiff accounted for $147,000 in economic loss. The Estate of the plaintiff sought the recovery of damages for the decedent’s past pain and suffering. Defendant argued a minimum of damages suffered on part of the plaintiffs, citing the rate of recurrence of poorly differentiated bladder cancer is very high, and the cancer would have returned even if detected at an earlier stage. Defense further argued the decedent was 79 years old with diabetes, hypertension, the onset of dementia and renal disease. Facts: In Dec. 2004, the decedent, 79, a retired shipping clerk, married, presented to the defendant with gross hematuria and what the defendant ordered was a renal and pelvic ultrasound and antibiotics. The decedent returned to the defendant’s office the following month, again with gross hematuria and the defendant reordered antibiotics and advised the decedent to hydrate. The following month, the decedent presented with clear urine. In April 2005, the decedent presented to his primary care physician who noted an abdominal mass and ordered a CT scan of the decedent’s abdomen and pelvis, which revealed a 4 cm mass arising from the bladder. The CT scan report indicated the mass was suspicious for bladder cancer. On April 26, 2005, the defendant performed a rigid cystoscopy and reportedly found nothing. No further testing or operations were undertaken regarding the 4 cm mass. In June 2005, the mass had grown to 8 cm; the decedent was diagnosed with poorly differentiated metastatic bladder cancer with spread to the pelvic wall and liver. The decedent underwent chemo and radiation therapy and succumbed to the disease on Aug. 18, 2005. The Administratrix of the Estate of the decedent sued the defendant, alleging as a result of the delay in diagnosis, the decedent’s bladder cancer was permitted to advance and grow in six months to stage IV metastatic disease which caused the decedent’s untimely death. Plaintiff claimed gross hematuria in an adult is bladder cancer until proven otherwise, which requires an immediate cystoscopy. It was further contended that the defendant doctor used a rigid as opposed to a flexible scope and never reached the bladder diverticulum where the cancer was located. It was further alleged that the defendant doctor never ordered any further tests or made any other referrals to explain the fact that the 4 cm mass existed on CT scans prior to the cystoscopy. It was further alleged that had the cystoscopy been performed in Dec. 2004, the mass would have been a 1 cm lesion, able to be surgically excised and had the cancer not gone through the wall of the bladder diverticulum, chemo and radiation therapy would have been avoided, and the decedent would have had a chance of being cured. Defendant contended that there was no cancer able to be seen in Dec. 2004. That the cancer grew very aggressively after Jan. 2005 and that the cancer grew outward of the bladder wall and not into the bladder diverticulum.
- Failure To Confirm Passage Of Kidney Stone Post-Lithotripsy procedure. $595,000 RECOVERY. Physician failed to detect kidney stone was still present resulting in loss of one kidney. Nassau County, NY. This medical malpractice action involved a plaintiff in her mid-60s who had a lithotripsy procedure for a kidney stone. Following the procedure performed by the defendant urologist, the plaintiff was given a strainer to catch the passing of any stones. She presented to the defendant with grains of a stone that did not equal the size of the stone present on the CT scan prior to the procedure. Plaintiff alleged that her urologist failed to take any measures to ensure that the stone had been passed and that the kidney was not still blocked and that those failures resulted in her kidney needing to be removed entirely. Prior to trial, the case settled for $595,000.
- Home Attendant Negligence, $750,000 MEDIATED SETTLEMENT, Home attendant negligently fills hot water bottle with boiling water and has elderly arthritis patient lean back against rubber – Bottle breaks and causes 1st and 2nd degree burns to buttocks and perineum of elderly patient – Incident allegedly causes death several months later after painful recuperation. Kings County, NY - This case involved a 69-year-old patient in whose apartment the defendant’s home health attendant was working. The patient had a history of severe arthritis, and the plaintiff contended that although the hot water bottle was clearly labeled as being appropriate for tap water only, the defendant’s employee negligently filled it with boiling water and had the patient lean back against it. The rubber broke, and the plaintiff maintained that the patient sustained severe burns to the buttock and perineum. The severe pain triggered acute respiratory distress requiring intubation at the hospital later that day. The plaintiff contended that burn caused acute respiratory distress, intubation, tracheomalacia, contracture of pneumonia, sepsis and ultimately death eight months later. Plaintiff was confined to hospitals and rehabilitation centers from the date of the accident until her death. The defendant denied that the death was occasioned by the patient’s injuries. The parties reached a mediated settlement of $750,000. REFERENCE Attorney for plaintiff: Victoria Wickman of Law Office of Victoria Wickman in New York, NY.
- Surgical Negligence, $1 Million RECOVERY, Defendant OB-GYN negligently sutures ureters after bladder tear occurs during vaginal hysterectomy – Physician negligently fails to determine that ureters were closed even when he looked in the bladder with a scope looking for a lost sponge. Kidney damage and frequent urinary tract infections. New York County, NY. This medical malpractice action involved a plaintiff in her mid-50s who underwent a vaginal hysterectomy that was performed by the defendant OB-GYN at the defendant hospital. The plaintiff contended that OB-GYN negligently sutured both ureters closed during the repair of the bladder tear. The plaintiff contended that the OB-GYN should have recognized that the ureters were included in the bladder repair and were not free from injury prior to closure. However, even more egregious was that intraoperatively, the sponge count reflected that a surgical sponge was missing and in an effort to locate the missing sponge, the defendant OB-GYN performed a cystoscopy to look in the bladder for the sponge. During that procedure, he should have recognized that the two ureteral openings were not visible and therefore sutured shut during the bladder repair. The plaintiff did not contend the recognized tearing of the bladder was negligence. The plaintiff contended that she suffered permanent bilateral kidney damage, frequent urinary tract infections requiring several hospitalizations and episodes of urinary stress incontinence requiring extensive pelvic floor therapy. The plaintiff maintained that she will permanently be subject to infections and bouts of incontinence. The evidence disclosed that approximately four years earlier, the plaintiff had complaints of mild urinary stress incontinence. The plaintiff maintained that after the use of a vaginal sling and two sessions of pelvic floor therapy, the symptoms resolved until the subject alleged malpractice. The plaintiff made no income claims. The case settled prior to trial for $1 million, including $900,000 from the OB-GYN and $100,000 from the hospital. REFERENCE Plaintiff undergoing vaginal hysterectomy vs. Defendant OB-GYN. Attorney for plaintiff: Victoria Wickman of Law Office of Victoria Wickman in New York, NY.
- $9m settlement for a 68 year old woman who presented to a hospital with a small brain bleed. After admission, the hospital administered a pain drug with blackbox warnings that said it was contraindicated for patients with known brain bleeds. The physicians ignored the warnings and proceeded to administer the drug approximately 7 times over the next 48 hours. She developed massive intracranial bleeding and stroke. Supreme Court, Westchester County. , 2025
- Quintero v. Holm, S/Richmond Verdict. Date of Verdict 12/17/2021 – failure to diagnose fallopian tube cancer. $1,000,000.00 verdict, Defense attorney – Glen Dofp, Esq. Dopf, PC. The decedent presented to OB/GYN Dr. Holm complaining of post menopausal bleeding. The doctor appropriately scheduled her for an endometrial biopsy that was normal. The record indicated that the decedent was informed that the biopsy results were normal and could be the result of vaginal atrophy. 8 months later, the decedent was found to have stage IV fallopian tube cancer. She passed away 13 months later. The plaintiff contended that the decedent was not informed that a normal biopsy did not rule out cancer and that if she continued bleeding she should return for further testing. Further, plaintiff’s expert testified that during the ultrasound, the ovaries and tubes were not visualized. Therefore, a transvaginal ultrasound should have been performed in order to visualized the ovaries and the tubes. The defendant contended that the lack of visualization of the ovaries and tubes was a normal finding and not necessary to perform a transvaginal ultrasound. The defendant also maintained that despite not documenting that she informed the decedent to return if the post menopausal bleeding continued, that it was her custom and practice to do so. The court did not preclude the defendant from testifying to what she informed the decedent despite the Dead Man’s Statute. The defendant also maintained that this was a very rare cancer and not diagnosable at that time. The jury found that the defendant departed from the standard of care in not performing a transvaginal ultrasound but that it was not a substantial factor in causing harm. They found that the defendant did depart in failing to inform the decedent to return if she continued to bleed and that was a substantial factor. They awarded the Estate $1,000,000.00 and found the decedent 40% comparatively negligent for failing to seek a second opinion.
- Plaintiff v. Hospital and OBGYN, S/New York – Date of Verdict May 17, 2022 – $600,000 for loss of an ovary, The infant plaintiff complained of abdominal pain and was brought to her local ED. Thinking appendicitis, a CT scan was performed that showed an 8cm complex right ovarian cyst. An ultrasound was performed that showed at that time, there was still blood flow to ovary. The hospital did not have any pediatric surgeon or OB/GYN available to consult with the infant plaintiff. The emergency room attending then called the mother’s private OB/GYN who delivered the infant plaintiff. A conversation was had between the ED attending and the OB/GYN and a decision was made to discharge the infant plaintiff to the OB/GYN’s care. The following morning the infant plaintiff presented to the OB/GYN who informed her that he does not care for children and referred her to another adult OB/GYN. The plaintiff’s mother then sought a pediatric surgeon. By the time she received the appointment with the pediatric surgeon, the ovary torsed, blood supply was cut off and the ovary needed to be removed. Plaintiff contended that the hospital admitted that it was aware that a mass of that size had a high risk of torsion and that the infant should have been admitted and transferred to a hospital that could perform surgery before the ovary torsed and that the plaintiff was never informed of the high risk of torsion or need of emergency surgery. Defendant hospital maintained that they discharged her to the care of a surgeon and that they did inform the plaintiff’s mother that because of the large size of the mass her ovary could torse and they she only had hours to get into an operating room or she would lose the ovary. Defendant OB/GYN died before depositions, but through his counsel, maintained that his client did not decide to discharge and that he referred to another adult OB/GYN who could perform surgery. The defendants also alleged there were no damages as a result of the loss of an ovary and any damages are speculative. Plaintiff alleged loss of an ovary as well as the decreased number of set eggs is a damage and would reduce her future fertility and increase her risk of need of infertility treatment. Jury found unanimously in favor of the infant plaintiff.
- Plaintiff v. OBGYN, S/Bronx – Settlement – loss of a kidney – $750,000.00, A 70 year old woman went in for a hysterectomy for suspected endometrial cancer. During the procedure her distal ureter was sutured and not recognized. As a result of the delay in diagnosis, she initially underwent a stenting. The stricture persisted and a reimplantation of her ureter was performed where the suture material was found. However, the kidney did not recover and the plaintiff underwent a nephrectomy. Defendant contested causation.
- $1,000,000 Jury Verdict. Justice was served for our client’s family. Plaintiff’s verdict reached in Richmond County medical malpractice suit, for doctor’s failure to diagnose Fallopian tube cancer case. Fallopian tube cancer is an extremely rare cancer as only 300 to 400 women diagnosed annually. Of those women only 15% of them present with early signs and symptoms. Unfortunately for our client, her doctor missed her early signs and symptoms and as a result of the delay, the cancer went from stage I (84.5% chance of survival) to stage IV (0%). She died a year after she was diagnosed. The jury found the doctor was negligent and awarded $1,000,000 in damages. The insurance company never made an offer to settle.
- Failure To Report Stage I Cancer. Topic: Medical Malpractice – Cancer Diagnosis – Failure to Report – The plaintiff claimed failure to report Stage I cancer. Summary: Award Total: $380,000. RESULT (Settlement): The parties agreed to a $380,000 settlement. Insurance Carrier: Medical Liability Mutual Insurance Carrier. Attorneys: Plaintiff: Victoria Wickman; Law Office of Victoria Wickman.; New York, NY. Defendant: Gary Dwyer, Esq. of Dwyer & Taglia. Judge: Bert Bunyan. State: New York; County: Kings. Facts: Plaintiff, a 65-year-old secretary, underwent a mammogram on February 10, 2005. As a result of that mammogram, an ultrasound was performed on the same day. The result of the mammogram was negligently reported as benign. Those results were faxed to the plaintiff’s primary care physician. The sonogram was reported as suspicious and required a biopsy. The results of the ultrasound were never reported to the plaintiff or her primary care physician who ordered the mammogram. Plaintiff returned to Park Avenue Radiology for an unrelated CT scan of her chest in May 2005. The May 2005 CT scan mentions that there is an abnormality in the plaintiff’s breast that is “benign on the mammogram.” The May 2005 CT scan report does not mention the ultrasound or the need for the plaintiff to have a biopsy. Plaintiff was to follow up for another CT scan of her chest in three months. In August 2005, the plaintiff had a repeat CT scan of her chest. The breast abnormality was still present. This time, the CT scan report indicates that the plaintiff was to have a biopsy of the abnormality of her breast. That report was faxed to her primary care physician. Plaintiff thereafter underwent a biopsy of the mass in her breast and was diagnosed with Stage II breast cancer. She underwent a lumpectomy followed by chemotherapy. Her tumor would have been 1.6 cm in February 2005 and was 2.2 cm when diagnosed. Her chance of cure went from 88% to 81%. Had she been diagnosed earlier, she would have still required chemotherapy.
- Failure To Diagnose Leukemia, Date of Verdict/Settlement: July 6, 2012, Topic: Medical Malpractice – Failure to diagnose leukemia leading to premature death. Summary: Award Total: $1.45 million. RESULT (Settlement): The parties agreed to $1.45 million during pretrial conferences. Insurance Carrier: Self-insured for New York City Health & Hospitals Corporation. Attorneys: Plaintiff: Victoria Wickman; Law Office of Victoria Wickman.; New York, NY. Defendant: Mark Sullivan Esq., Law Offices of Salvatore J. Russo, of counsel to New York City Health & Hospitals Corporation, New York, NY. Judge: Peter J. O’Donoghue. State: New York; County: Queens. Facts: In November 2006, decedent, 50, a diamond setter, presented at Elmhurst Hospital in Queens complaining of chest pain, shortness of breath, prolonged fever, rashes, welts, armpit and leg swelling, fatigue and weight loss. Molina continued to present at the hospital numerous times with various complaints through February 2008. On March 5, 2008, the decedent flew to his home country of Ecuador to seek medical treatment. A bone marrow biopsy was performed, and he was diagnosed the next day with Acute Lymphocytic Leukemia. The decedent passed away on November 8, 2008. The decedent’s wife, as Administrator of his estate, sued the New York City Health & Hospitals Corporation, for medical malpractice. The plaintiffs accused the hospital staff of failing to diagnose the decedent with Leukemia and depriving him of a chance of cure. They further claimed that in October 2007, a clinic physician admitted the decedent into Elmhurst for the purpose of having a bone marrow biopsy but he was discharged the next day without it being performed. Plaintiffs also claimed that no one took any steps to rule in or out the probability that the decedent’s symptoms were consistent with cancer. The defense argued that the diagnosis could not have been made any earlier than when doctors in Ecuador diagnosed his cancer. Defense further argued that Acute Lymphocytic Leukemia has a poor prognosis. Injuries/Damages: Leukemia; Death; Loss of Parental Guidance; Loss of Financial Support. Plaintiffs claim that Elmhurst Hospital failed to diagnose what was causing the decedent’s symptoms during his visits there from November 2006 through February 2008. The decedent decided to seek medical treatment in his home country of Ecuador on March 5, 2008. Plaintiff’s claim that a bone marrow biopsy was performed at a local hospital in Quito that diagnosed him with Acute Lymphocytic Leukemia. Plaintiff’s claim that the decedent was given only one round of chemotherapy because he had adverse reactions. Plaintiffs claimed that he passed away on Nov. 8, 2008, from leukemia. The plaintiffs sought to recover damages for conscious pain and suffering of the decedent, loss of parental guidance and loss of financial support. The plaintiffs claimed that the decedent should have been diagnosed in or around November 2006 but was not until March 2008. They claimed that the decedent suffered from repeated pneumonia, fatigue, rashes, nosebleeds, fever, body pain, weight loss, swelling in armpits and legs, and welts from his initial visits to Elmhurst and until he died. The defense argued that it is impossible for a person to have been walking around with Acute Lymphocytic Leukemia for two years before dying and therefore the decedent could not have been diagnosed earlier.
- Estate of Doe v. Urgent Care and Hospital, S/NY – Judith McMahon, Date of Settlement 3/30/23, 17 year old boy had a five day history of a fever and sore throat. On May 11, 2018 he presented to urgent care with no fever but an elevated heart rate. It was assumed his elevated heart rate was secondary to dehydration. He tested negative for rapid strep and flu. He was given IV fluids and his heart rate was not checked again which plaintiff maintained was a departure from the standard of care since if the heart rate was still elevated following IV hydration, then sepsis should have been considered, labs drawn, given antibiotics and sent to the ER. Following IV hydration, the decedent was told to go home and rest. At 5am the following morning the decedent woke his mother and told her he needs to go to the hospital because he is dying. They arrived at the hospital at 5:45am. His blood was drawn at 6am and reported back at 8:30 a.m. showing a 10% banding – indicative of sepsis. The lab results were not read for hours delaying the administration of antibiotics until 12:30 p.m. Thereafter, the decedent was transferred from that hospital to it’s sister site. A nurse called over to give report and informed the second year resident of the pediatric ICU that this patient was coming over and had an elevated lactic acid level. The resident did not know the relevance of that value. The pediatric intensivist attending was unaware of the decedent’s arrival in his department for over two hours and after the decedent crashed and died of cardiopulmonary arrest. Plaintiff maintains the hospital delayed the diagnosis of sepsis, delaying the administration of antibiotics and had the antibiotics been administered shortly after the labs came back, the decedent would have survived and made a full recovery. Defendant Urgent care maintained that the decedent left well appearing and that the administration of a broad spectrum antibiotic would not have assisted with the infection the decedent had. The defendant Urgent care also maintained that the decedent could have been saved had the hospital administered antibiotics when they should have. The Defendant hospital maintained that the decedent did not look sick. several hours of pain and suffering and respiratory distress prior to death during code. Hospital paid $900k. Urgent Care paid $150k.
- $1.7M breast cancer settlement, Radiologist misinterpreted breast mammograms and sonograms resulting in a 16 month delay in diagnosing her breast cancer.
- $20M verdict – above the knee amputation, A jury found a vascular surgeon and interventional radiologist negligent in their performance of an endovascular revascularization of an occluded external iliac and superficial femoral artery. The plaintiff suffered an above the knee amputation and returned to work three months later as a porter in Manhattan.
- $2M settlement for injured worker, Plaintiff was on the defendant’s premises to repair the business telephone. The defendant directed the worker out the exterior staircase that was dilapidated, dangerous and covered in garbage. Due to the defective condition of the stairs, the plaintiff fell down the stairs injuring his shoulder and back. The plaintiff underwent arthroscopic surgery to his shoulder as well as a cervical and lumbar fusion.
- $1.2m settlement for the wrongful death of a 31 year old neurologically impaired non verbal woman. The decedent presented to the hospital initially with scratches all over her abdomen (indicating severe stomach pain). She was diagnosed with severe constipation. She was readmitted a week later and despite only having one bowel movement that entire 10 day admission, a GI consult was never ordered and her constipation was never addressed properly. She died 6 weeks later of a necrotic bowel. After two days of testimony, the case settled. Supreme Court, Nassau County., 2025
- $1m settlement for an 80 year old psychiatrist who suffered a traumatic brain injury after falling on the defendant’s defective stairs. The Building had several prior incidents of people falling down the stairs due to inadequate lighting. The building failed to make the necessary changes. Defendants also claimed the plaintiff’s injuries were as a result of age related dementia and Parkinsonism. We were prepared to go to trial to prove that those diagnoses were exacerbated by and secondary to the traumatic brain injury he had suffered in 2015. Supreme Court, New York County, 2025
- $2m settlement for a Verizon worker who entered the defendant’s premises to repair a line. The staircase on the premises was dilapidated, had multiple code violations and was full of debris causing the plaintiff to fall and injure his back and shoulder requiring a cervical fusion and shoulder repair. The case settled for all available coverage. Supreme Court, Kings County, 2024
- $2m settlement for failure to diagnose lung cancer. Sadly the patient wasn’t diagnosed until she was stage IV. It was alleged that not only was there an incidental finding on a CT scan of her abdomen and pelvis that prompted the radiologist to recommend a follow up CT scan of her lungs that was never ordered by the defendant primary care physician but based upon the plaintiff’s past smoking history, she required annual low dose screening chest CTs that were also never ordered. Supreme Court, Kings County, 2024
- $20m verdict in Supreme Court, Nassau County for a 53 year old porter. The jury found that the vascular surgeon and interventional radiologist incorrectly performed a lower extremity revascularization procedure that resulted in an above the knee amputation. There was no claim for lost earnings as the plaintiff returned to work 3 months later. , 2024
Educational Background
- University St. John's University, B.A., Cum Laude, 1998
Scholarly Lectures / Writings
- using technology to efficiently run and manage your practice, Working from Home During the Pandemic, 2020
- Learn all the techniques you need for a successful jury selection, opening, d8ect and cross examination and summation from a group of leaders from the Medical Malpractice bar. These experienced and successful attorneys will be joined by the Honorable Marsha Steinhardt. In addition to trial techniques, our respected lecturers will discuss the unique challenges in medical malpractice cases following the COVID-19 pandemic. The panel will address what the jury trial will look like and how the current status of the medical profession will impact jury selection and other aspects of the trial. Learn creative ideas on how to prevail in this new world., Medical Malpractice Trials, 2020
- Lecturer on overcoming the causation defense in brain damage baby cases., Lecturer, Brain Damaged Baby Cases - Overcoming the Causation Defense, 2021
- Lectured to young attorneys on how to try your first case, including medical malpractice actions., Lecturer, Trying your First Case, 2014
- Direct Examination: Strategy of Witnesses; the Problem Client Witness; Departure and Substantial Factor and Hypothetical Questions of Your Expert; Overcoming the Difficulty of Direct Examination, Lecturer, Direct Examination in Medical Malpractice cases for New York State Trial Lawyers, 2018
- "Training Medical Malpractice Staff", New York State Trial Lawyer's Association, December 2008
Honors
- Proud recipient of the Pen Award to commemorate the enactment of Lavern's Law which amended the Civil Practice Laws and Rules in relation to accrual of causes of action for medical, dental and podiatric malpractice as it related to failure to diagnose cancer., Pen Award, Governor Andrew Cuomo, 2018
- Proud recipient of the Champion of Justice Award for her "leadership and tireless advocacy in making Lavern's Law a reality.", Champion of Justice Award, New York State Trial Lawyer's Association, 2018
- Member & Internal Director, Moot Court Honor Society
- Dean's List, St. John's University School of Law, 2001
Selections
13 Years Super Lawyers
1 Year Rising Stars
- Super Lawyers: 2014 - 2026
- Rising Stars: 2013
