Senior Partner Stephen B. Toner Wins Unanimous Medical Malpractice Defense Verdict

November 18, 2019

In a swift victory, Senior Partner, Stephen B. Toner, Esq., recently won a unanimous defense verdict, before the Honorable Jack L. Libert, for our client in the medical malpractice action for Barahona v. Adamo in the Supreme Court, Nassau County.


The Plaintiff, Mario Barahona sued Dr. Adamo, and his practice, Winthrop Surgical Associates, alleging medical malpractice in that Dr. Adamo failed to timely treat Barahona’s acute appendicitis, resulting in the gangrenous and necrotic appendix rupturing, causing a sepsis infection, and requiring further hospitalization and surgical treatment.


Prior to Dr. Adamo’s involvement, the Plaintiff Barahona underwent a CT scan which revealed he had acute appendicitis.  He was brought to Winthrop University Hospital where and his care was eventually overseen by Dr. Adamo.  Barahona was administered a trial of antibiotics, but when that failed to manage the condition, his surgery was performed more than 16 hours later.


The next day Plaintiff underwent an appendectomy.  During the appendectomy, Dr. Adamo found that Barahona’s appendix was necrotic, gangrenous and ruptured when it was touched.  The Plaintiff developed a severe bacterial infection, necrotizing fasciitis and sepsis.  This infection required re-hospitalization, the surgical insertion of drains and resulted significant scarring.


Barahona’s surgeon expert opined that Barahona’s appendicitis warranted an immediate appendectomy when first evaluated by Dr. Adamo. Mr. Toner argued that the infection and gangrene developed in the 22 hours between the time Plaintiff was first hospitalized and the subsequent surgery.


Mr. Toner further asserted that this incident incurred in 2012, and that the standard of care for treatment of acute appendicitis had evolved from a surgical emergency, to a prioritized administration of an antibiotics which resolved 80 percent of episodes of appendicitis.  He also contended that an antibiotic can diminish an infection that may have otherwise complicate ensuing surgery.


Mr. Toner argued that Dr. Adamo did not delay performance of an appendectomy, the patient was prepped for the possibility of an appendectomy, while the antibiotics were being administered. 

Plaintiff sought to recover for past pain and suffering, scarring, and asked the jury for $450,000.00 in damages.  Mr. Toner made no settlement offers.


Following a three-week trial, and after only 45-minutes of deliberation, the jury returned with a unanimous defense verdict in favor of our client, Dr. Adamo, and dismissed all claims of malpractice against the doctor.

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