Professional Negligence Law Reporter

Chicoine v. DiBaro, No. 591/12 (N.Y. Sup. Ct. Nassau Cnty. Feb. 6, 2019).

Paul Chicoine, 47, experienced nausea, vomiting, and extreme dizziness while painting a ceiling. He then developed left-sided numbness, weakness, and slurred speech. He was taken by ambulance to St. Joseph Hospital, where he was administered medication. Emergency physician Michael Mendola ordered blood tests and a CT scan of the head, which was negative except for a finding of sinus inflammation. He then discharged Chicoine with a diagnosis of vertigo and sinusitis. Eight days later, Chicoine suffered a stroke.

He underwent extensive rehabilitation and returned to his job as a court officer eight months later. He was unable to continue working due to his deficits, which include vision impairment and limited use of his left hand.

Chicoine and his wife sued Mendola and the hospital, alleging failure to perform a stroke workup. The plaintiffs asserted that the ambulance report indicated Chicoine was experiencing a possible stroke and that Mendola should have suspected a transient ischemic attack and ordered imaging of Chicoine’s carotid and vertebral arteries. The plaintiffs claimed future lost earnings and pension income exceeding $1.7 million.

The jury awarded $3.86 million.

Plaintiff counsel: AAJ member James LiCalzi, Uniondale, N.Y.