New York Jury Awards $4 Million In Medical Misdiagnosis Lawsuit
Robert Wyble filed a New York medical misdiagnosis lawsuit following four years of life-changing treatments for a disease he did not have. As a result, a New York jury has awarded him $4 million in damages.
Wyble was diagnosed with myasthenia gravis by a neurologist at Mount Sinai Medical Center after he began “experiencing sudden, inexplicable falls,” according to New York Daily News.
Wrong diagnosis leads to unnecessary treatment
Wyble’s treatments for his diagnosed condition included invasive chest surgery to remove his thymus gland, biweekly blood treatments, and medication that allegedly caused him to gain 80 pounds and develop high blood pressure.
“He said it’s a disease that will not go away,” Wyble said, as he recounted what the doctor told him. “If left untreated, you will become crippled and possibly die a lot quicker.”
The falling continued even after four years and 74 treatment sessions.
If the diagnosing neurologist had not taken a new job and left the hospital, it is difficult to say how long the treatments would have gone on for a disease he did not have – maybe indefinitely. Fortunately for Wyble, his treating physician did leave, and his new doctor corrected the mistake.
“He didn’t have it, and all these treatments made him worse,” Wyble’s attorney said.
Wyble’s new doctor diagnosed him with cataplexy, a condition associated with narcolepsy. Cataplexy is typically treated with medication.
“Now I’m fall-free,” Wyble told New York Daily News.
According to the Mayo Clinic, “Muscle weakness caused by myasthenia gravis worsens as the affected muscle is used repeatedly. Because symptoms usually improve with rest, your muscle weakness may come and go. However, myasthenia gravis symptoms tend to progress over time, usually reaching their worst within a few years after the onset of the disease.”
According to the Mayo Clinic, when limbs are affected, the condition usually involves the arms, but “if it affects your legs, you may waddle when you walk.”
According to the United States National Center for Biotechnology Information, cataplexy is one of three groups of symptoms associated with narcolepsy that may result in “sudden loss of muscle tone triggered by strong emotions such as laughter or humorous experiences.”
WebMd describes it as “the severe manifestation of narcolepsy called cataplexy, in which strong emotions trigger paralysis.”
Legal battle not over
Awarded an extremely large sum of money for his former doctor’s misdiagnosis, and getting the correct treatment for his condition, will not be the end of this story, as his ex-doctor’s attorney made it clear they will appeal.
The defendant’s attorney told the New York Daily News that he plans to “vigorously appeal” the jury verdict. “The medical judgments and the treatment recommendations made by Dr. Lange were sound and made in accordance with accepted established practice.”
According to the NY Pattern Jury Instructions 2:150, medical malpractice is “doing something that a reasonably prudent doctor would not do under the circumstances, or failing to do something that a reasonably prudent doctor would do under the circumstances. It is a deviation or departure from accepted practice.”
When to talk to a NY medical malpractice attorney
If you or someone you care about has suffered injuries due to medical malpractice or misdiagnosis, you may be entitled to monetary damages for past, present, and future medical expenses, loss of income, pain and suffering, and other losses.
To discuss your legal rights and possible New York medical misdiagnosis lawsuit, contact the Sanders Firm for a free case evaluation. Call toll-free 1.800.FAIR.PLAY. Resources
- New York Daily News – EXCLUSIVE: Landscaper awarded $4M in medical misdiagnosis case, http://www.nydailynews.com/life-style/health/exclusive-man-awarded-4m-medical-misdiagnosis-case-article-1.1755136
- Mayo Clinic – Myasthenia gravis, http://www.mayoclinic.org/diseases-conditions/myasthenia-gravis/basics/definition/con-20027124
- WebMD – Antibodies Kill Sleep-Regulating Brain Cells in People With Narcolepsy, http://www.webmd.com/sleep-disorders/news/20100216/narcolepsy-trouble-with-tribbles
- National Center for Biotechnology Information – Narcolepsy: current treatment options and future approaches, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2526380/