News

From the Court: Jury Verdicts & Settlements
$5.7 million awarded in med mal case

May 1, 2006 By Review Staff & Verdict Search

Linda AlleyCase: Alex Palanza, Mary Jane Palanza and Michael Palanza v. Eric Freling, M.D., Edward J. Zelnick, M.D., and Corina J. Waldman, M.D.

Case no.: 96-04961(13), Broward Circuit Court

Description: Medical malpractice

Filing date: April 11, 1996

Trial date: March 13, 2006

Judge: Thomas M. Lynch IV

Plaintiff attorneys: Linda Alley and Valerie Conzo, Law Office of Sheldon Schlesinger in Fort Lauderdale

Defense attorney: Liana Silsby, George Hartz Lundeen Fulmer Johnstone King & Stevens in Fort Lauderdale

Details: On April 26, 1994, Mary Jane Palanza, who was 32 weeks pregnant, had her water break. She called her OB/GYN's office, where she spoke with the surgeon on duty. He told her to go to Hollywood Memorial Hospital to be seen. Palanza's pregnancy was considered a high risk due to complications she encountered with a previous pregnancy. At 12 weeks, her doctors put a cerclage - a stitch - in place to close her cervix. When she arrived at the hospital, she was seen by Dr. Zelnick, a partner of her prenatal OB/GYN, Dr. Waldman. Zelnick examined her and saw that the stitch was still in place. He tested for infection around the stitch, since its presence increased the risk. Results of the test were not obtained for three days, at which point they came back positive for infection. Zelnick gave Palanza drugs to hold off labor and steroids to mature the baby's lungs. On the third day of her hospital stay, after two days of contractions, Palanza gave birth to a boy, Alex. Freling was the doctor in the delivery room. He had examined Palanza earlier in the day and had told Palanza to try to hold in the baby because he was too small to deliver. Alex was born with a Grade 2 (on a scale of 4) brain hemorrhage and cerebral palsy, which has affected three of his limbs. Alex has had to have subsequent surgery to loosen his leg muscles to allow him to walk. He currently can walk with pronounced gait and balance problems, Alley said. She said he will be OK cognitively but will have to work harder in school to keep up.

Plaintiffs' case: Alley and Conzo argued that negligence on the part of Zelnick, Freling and Waldman led to Alex's disabilities. No one checked Palanza's cervix the day she went into labor, Alley said, and therefore no one knew she was almost fully dilated and the baby ready to be born the morning of April 28, 1994. The build-up of pressure combined with the uterine infection and the premature birth caused Alex's brain hemorrhage, Alley said. She argued that the doctors examining Palanza needed to take out the cerclage in order to relieve the pressure on Alex and that Palanza's doctors should have started her on antibiotics when she arrived at the hospital. Experts also testified, Alley said, that because of her previous pregnancy complications Palanza should have been put on bed rest.

Defense case: Silsby argued the doctors did everything appropriately and the reason for the hemorrhage was Alex's premature birth. "The doctors followed all appropriate care," she said.

Outcome: After a five-week trial and 2 1/2 days of deliberations, the jury decided that Freling was 60 percent responsible for Alex's disability, Zelnick was 40 percent responsible and there was no negligence on the part of Waldman. The jury awarded $556,000 for Alex's medical expenses, $250,000 for his lost earning ability, $1 million for his past pain and suffering and $3.5 million for future pain and suffering. The award totaled $5.3 million. The jury also awarded $450,000 to Mary Jane and Michael Palanza for Alex's past and future medical expenses.

Post-trial: Silsby said the case is not yet over. She said there will be a hearing, tentatively set for May 9, to rule on modifications to the final judgment. These may include offsets for settlements with other defendants. There is also a pending defense motion for a new trial.

Comments: Alley said she thinks the jury decided Freling was most responsible for what happened to Alex because Palanza was clearly in labor the morning of the April 28, 1994, and instead of delivering the baby, he "gave her a lecture about not complaining" and ignored the comments her nurse was relaying about Palanza's pain.

- Rebecca Riddick
Linda Alley photo by Melanie Bell

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