Barry Packin and Bruce Nagel settle medical malpractice suit for $875,000
In early 2009, because of continued pain in the back, Mr. Sistaro was referred to another physician. Diagnostic studies at that time revealed Mr. Sistaro had a large mass lesion at T9 through T11 which had destroyed the vertebral bodies and was compressing the spinal cord. The lesion was confirmed to be a plasmacytoma. Plaintiff’s orthopedic surgery expert opined that the tumor was clearly visible on the August 29, 2007 x-rays that were read by Dr. Kane as normal. Plaintiff’s expert further opined that Dr. Kane should have performed thoracic rather than lumbar x-rays in January 2007 based upon plaintiff’s complaints and that x-rays should have been taken when Mr. Sistaro returned in April 2007. Mr. Sistaro underwent surgery involving extensive metallic fixation of the thoracic spine and requiring him to wear a clamshell brace for months. In addition, he underwent bone marrow transplant. Mr. Sistaro was left with significant orthopedic disability preventing him from returning to his work as a landscaper.
Mr. Sistaro has been unable to return to work and has problems bending, lifting, and with other motions.
The attorneys at Nagel Rice, LLP represent clients throughout New York and New Jersey in a wide range of matters including personal injury, automobile accidents, brain injuries, medical malpractice, business litigation and class action cases.