Professional Negligence Law Reporter

Elizabeth Njinga suffered from longstanding back pain. She was referred to orthopedic surgeon Michael Alexiades, who reviewed Njinga’s X-rays and ordered an MRI. Alexiades told Njinga that she had moderate degenerative changes in her hip and that her pain was coming from both her hip and her back. He recommended a hip replacement for pain relief.

After undergoing the procedure, Njinga experienced continued pain. Her physical relationship with her husband has been affected, and she is unable to travel extensively as she once did.

Njinga and her husband sued Alexiades and the hospital, alleging performance of unnecessary hip surgery and lack of informed consent. The plaintiffs asserted that the MRI had shown only mild abnormalities and, therefore, she had not required hip replacement surgery, which the plaintiffs claimed was related to her permanent postoperative pain.

The jury awarded $6.25 million. The court denied the defendants’ posttrial motions.

Citation: Njinga v. Alexiades, No. 805196/2016 (N.Y. Sup. Ct. New York Cty. June 26, 2020).

Plaintiff counsel: AAJ member Jordan K. Merson, New York City.