Hollywood family to get $14 million in malpractice verdict
Experimental Treatment Left 53-Year-Old Father
Severely Disabled For Life
MIAMI (CBS4) - A South Florida father and former optometrist
won a $14 million verdict after his lawyers successfully argued
that a botched, unnecessary treatment seven years ago left him paralyzed.
Francis Ziadie had been suffering dizziness and slurred
speech when he was admitted to the emergency room at Memorial Regional
Hospital in Hollywood back in May of 2002.
At the hospital, doctors gave him aspirin and an anti-platelet
medication known as Plavix. After that, his symptoms went away,
but he was kept overnight under observation, according to Ziadie's
lawyer, Crane Johnstone, of Sheldon
J. Schlesinger P.A.
The following morning, Ziadie complained of short-term
slurred speech and numbness in his hand. Tests concluded he had
not suffered from a stroke. Doctors then consulted Hoang Dinh Doung,
M.D., an interventional neuroradiologist from Radiology Associates
of Hollywood, P.A.
Doung recommended a procedure that included inserting
a stent into the artery and during the procedure, Doung punctured
the arterial wall. Ziadie who was on large doses of blood thinners
had blood pool around his brain and when he came out of the procedure,
he had slurred speech and weakness on his right side.
His lawyer argued that nurses simply sedated him instead
of addressing the problem. That proved to be a major life-altering
decision because the bleeding caused massive pressure to his brain
stem, damaging brain tissue. He was discharged three months later
after extensive rehab.
The father of four, who was once an active man, now
is bed-ridden and gets around in a wheelchair with the help of his
76-year-old mother, Olivia. She is in charge of giving him round-the-clock
care.
"It's hard to see your son unable to do anything,"
says Olivia Ziadie.
"The jury realized that this was a preventable
injury, and that Mr. Ziadie should never have undergone that procedure,"
Johnstone said. "His legs are paralyzed, he has no bowel or
bladder control. He struggles to string sentences together. He can't
even get out of bed or feed himself."
Defense counsel from Bunnell, Woulfe argued Mr. Ziadie
suffered from a rare "reperfusion injury." The doctors
defending themselves in the lawsuit claimed that Ziadie's condition
is the result of a rare medical side effect. The five-man, one-woman
jury didn't agree with Dr. Duong's argument, and returned a verdict
in under six hours.
In determining damages, the jury found that Ziadie,
now 53, will require skilled nursing care for the rest of his life.
Johnstone also argued successfully that the best care will be provided
to Mr. Ziadie in his home, as opposed to a nursing facility. The
jury awarded $5 million to Mr. Ziadie for his future care needs,
and $8 million for pain, suffering and mental anguish. Each of Francis
Ziadie's minor sons were awarded $250,000.
There is likely to be an appeal on his $14 million
verdict, but Ziadie has already won a settlement with Hollywood
Memorial Regional Hospital. The terms have not been disclosed.
CBS4's Joan Murray contributed to this report.
Sheldon J. Schlesinger, P.A. represents clients throughout
the state of Florida including the cities of Boca Raton, Boynton
Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie,
Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood,
Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm
Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach
Broward County • Miami-Dade County • Palm Beach
County