The family of a man who suffered a brain injury due to complications from anesthesia agreed to a $3.2 million settlement of their Passaic County medical malpractice suit. A release was signed May 16.

While preparing for surgical removal of portions of his right eye due to an eye injury, Fausto Camilo was sent for a preoperative cardiac assessment with Michael Schwartz. Camilo, now 64, had a history of congestive heart failure, pulmonary hypertension, post mitral valve replacement, hypertension and diabetes. But Schwartz rated Camilo to be a low cardiac risk for surgery and found no reason not to have the procedure done, according to Camilo's lawyer, Paul da Costa of Snyder Sarno D'Aniello Maceri da Costa in Roseland.

Schwartz contended that since eye surgeries are considered low-risk, and Camilo's cardiac conditions were considered stable, he was found to be a low risk, according to daCosta.

Camilo went ahead with the procedure after anesthesiologist Altan Yenicay administered a cocktail of Propofol, Etomidate and Fentanyl, followed by a retrobulbar block injection. During the operation,  Camilo's blood pressure began to drop, said da Costa. The patient ultimately suffered circulatory collapse and had to be resuscitated. He sustained a brain injury due to deprivation of blood flow to his brain. The eye surgeon completed the procedure in an expedited manner, but Camilo remained in a coma for roughly one month, and when he awoke, he was permanently brain-injured, the suit claimed. He now requires complete assistance with activities of daily living and has severe neurocognitive deficits, da Costa said.

Camilo sued Schwartz and his practice, Broad Street Medical Associates. He also sued Yenicay, and his practice, Bergen Anesthesia Group.

The plaintiffs alleged that Yenicay deviated from the standard of care by using a form of sedation, as opposed to using general anesthesia. In addition, the plaintiffs alleged that Yenicay should have utilized an arterial line and pulmonary artery catheter, in order to better monitor Camilo's blood pressure and other vital signs. The suit also alleged that Yenicay failed to timely recognize and treat Camilo when his condition deteriorated.

Yenicay and Bergen Anesthesia agreed in February to settle for $3.2 million. Yenicay and Bergen Anesthesia each had $2 million in insurance coverage, da Costa said. The settlement was finalized among the parties as of May 16 but is still pending a friendly hearing, according to electronic court documents.

Schwartz raised a cross-claim against Yenicay. Following a three-week trial before Passaic County Superior Court Judge Frank Covello, the jury found no cause of action against Schwartz and it dismissed his cross-claim against Yenicay. Camilo and Schwartz agreed to a high-low settlement before trial, with confidential terms, said daCosta.

Yenicay and Bergen Anesthesia were represented by Robert Donnelly of Dughi, Hewitt & Domalewski in Cranford. Schwartz and Broad Street Medical were represented by William Brennan of the Law Office of William Brennan in Shrewsbury. Those attorneys did not return a reporter's calls about the case.

— Charles Toutant

$500K for Dog Bite in Morris

Kliegman v. Cutalo: A woman bitten by a dog while visiting a friend's home settled her Morris County suit for $500,000 on April 30.

The accident occurred on Nov. 22, 2017, where Mallory Kliegman, now 31, was a social guest at the Morris Plains home of Nicholas Cutalo and Gina Rizzo, according to Kliegman's attorney, Michael Paragano of Nagel Rice in Roseland.

When Kliegman was leaving the home, she said goodbye to the defendant's dog, a Rhodesian Ridgeback. The dog violently lunged at her and bit her in the face, and ripping her skin off, the suit claimed.

Kliegman was taken by ambulance to Morristown Memorial Hospital, where she was diagnosed with extensive lacerations to the lower lip and mouth and underwent emergency surgery, Paragano said. Kliegman suffered, among other injuries, lacerations to her chin, lower lip and intraoral lower lip, requiring complex closure surgery, he said.

The lacerations and resulting surgery also resulted in sustained scarring, as well as loss of feeling and numbness in these areas, he said.

In addition to surgery, Paragano said, Kliegman has undergone treatment for depression and anxiety, and has been diagnosed with post-traumatic stress disorder.

The matter was settled after one day of mediation with Ned M. Rosenberg, a retired Superior Court judge.

“It was important for the defendants to understand how much Mallory's life has changed since the incident. When you have permanent scarring on your face it can change the way you feel about yourself and how the world sees you,” Paragano said in an email. “We're happy that Judge Rosenberg was able to convey the serious impact to them, and we were able to resolve the case and help her move on.”

Eric A. Befeler of the Law Office of Gerald F. Strachan in Woodbridge represented Cutalo and Rizzo. Befeler didn't return a call about the case.

Paragano said Nationwide, the defendants' insurance carrier, was covering the full settlement.

— Suzette Parmley