A Monmouth County jury rendered a $24.3 million verdict March 16 in a medical malpractice suit, Pereira v. Kramer, claiming the plaintiff underwent amputation of one hand and both legs due to negligent treatment of a kidney stone. The recovery, however, is limited to $18.5 million because the jury apportioned no fault to the only remaining defendant who had not settled.

Ana Pereira, 29 at the time, came to the emergency room at Monmouth Medical Center on March 1, 2011, with an infected kidney stone. But more than 24 hours passed before the on-call urologist, Dr. Michael Esposito, saw Pereira, the suit claimed. Esposito, whose office was in Bergen County, later said he saw no immediate need to make the trip to Monmouth County, according to plaintiff lawyer Bruce Nagel.

When Pereira was seen by Esposito, Pereira had a seriously infected kidney, and Esposito performed a procedure to drain the infection and insert a stent to aid in elimination, Nagel said.

Meanwhile, Pereira was placed in the intensive care unit, where Dr. Violet Kramer, a critical care physician, treated her with a vasopressor, a type of drug administered to patients in shock. But the suit claimed Kramer failed to properly monitor the patient's vital signs while administering the drug, and Pereira lost circulation in her extremities. Ultimately she underwent amputation of both legs below the knee, and of one hand, due to the lost circulation, Nagel said.

Pereira sued Kramer, Esposito, Monmouth Medical Center, and several other doctors and residents.

In a 2017 settlement, Esposito and his practice each tendered $1 million, their policy limits, and the hospital and other defendants settled for a total of $16.5 million, for a total of $18.5 million.

Kramer declined to settle, and Pereira's claims against her proceeded to trial. After a one-month trial before Monmouth County Superior Court Judge Mara Zazzali-Hogan, the jury found Kramer not liable. The jury apportioned 96 percent of the injury to defendants who had already settled, and 4 percent to Pereira's own pre-existing condition. The panel awarded $18.3 million for pain and suffering and $6 million for economic loss.

Pereira was attending accupuncture school at the time of the incident, and was unable to complete the program. She wears prostheses but is unable to work, Nagel said.

Nagel represented Pereira along with Susan Connors of his firm, Nagel Rice in Roseland.

Nagel said he would move for a new trial and for judgment notwithstanding the verdict.

Kramer was represented by James Vasios of Vasios, Kelly & Strollo in Union. Esposito, Monmouth Medical Center and the other doctor defendants were represented by Philip Mattia of Mattia & McBride in Fairfield. Neither returned calls about the case.

— Charles Toutant

Cop Nets $1M After On-the-Job Hand Injury

Keown v. Cristi Cleaning Service: A former police officer with the Port Authority of New York and New Jersey forced to retire when he permanently injured his hand in a slip-and-fall at an agency facility will receive $1 million as compensation. Plaintiff Stephen Keown, 43, of Jackson, agreed to the settlement with Samsung Fire and Marine Insurance Co., the carrier for defendant Cristi Cleaning Service of Hackensack, on March 12, the day trial was scheduled to begin in Essex County Superior Court, said Keown's attorney, Gregg Stone. Keown was injured on Oct. 15, 2014, while in the kitchen at the authority's New Jersey Marine Terminal headquarters in Elizabeth. Cristi Cleaning had mopped the floor minutes before but failed to place yellow caution signs at the door, said Stone, of Newark's Kirsch, Gelband & Stone. Keown sustained a crush injury to his right trigger finger when his hand became wedged between the concrete floor and his holster, the suit claimed. Because of the injury, Keown had to retire from the job, which he had held for nearly 13 years, on a disability pension, Stone said. Keown had been a New York City police officer for about two months before the 9/11 terrorist attacks. He claimed that experience inspired him to join the Port Authority Police, which had lost 37 officers in the attack, Stone said. Samsung Marine and Fire retained William Mead Jr. of Litchfield Cavo in Cherry Hill. He confirmed the amount of the settlement. The settlement will be offset by a workers' compensation lien of $75,000, Stone said. Civil Division Assignment Judge Dennis Carey III helped facilitate the settlement, Stone said. — Michael Booth

$900K in Essex Auto Case

Mastrogiacomo v. Lin: A driver who suffered head injuries and broken bones when his car was rear-ended by a bus agreed on March 23 to a $900,000 settlement in his Essex County suit. On April 22, 2016, Rosario Mastrogiacomo, then 42, was driving east on Interstate 78 in Newark when his car was struck from behind by a bus owned by Hello Bus Inc. of Rocky Mount, North Carolina, and operated by Fei Lin, the suit claimed. The impact caused Mastrogiacomo to strike the vehicle in front of his, leaving him seriously injured, he alleged. Mastrogiacomo was unconscious after the accident and diagnosed with a traumatic brain injury. He also fractured his right forearm, requiring a cast, and his right lower leg, requiring two surgeries. After two weeks of hospitalization Mastrogiacomo made a good recovery, but continues to suffer headaches and dizziness, said plaintiff lawyer Charles Kenny. Police said in their report that inattention by Lin contributed to the crash, according to Kenny. Lin could not be located for a deposition, according to Kenny, who is with LoPiano, Kenny & Stinson in Hoboken. Robert Gunning of Morrison Mahoney in Parsippany, who represented the bus company and bus driver, confirmed the settlement. — Charles Toutant