A woman who developed recurring infections after botched colon surgery agreed to a $1.6 million settlement in her Hudson County suit, Arnone v. Shembde. The settlement came in two parts, most recently on Oct. 21.

Regina Arnone, who suffered from Crohn's disease, was admitted to Englewood Hospital on April 22, 2014, with a diagnosis of scar tissue in the intestinal wall. The problem did not completely resolve after eight days of conservative treatment, so she underwent a bowel resection with a joining of the end of the small intestine to the first part of the large intestine, performed by general surgeon Kenneth Fried, said her lawyer, Paul da Costa of Synder Sarno D'Aniello Maceri da Costa in Roseland.

After the surgery, Arnone's condition worsened, with severe abdominal pain, an elevated heartbeat, nausea, vomiting and an elevated white blood cell count, according to da Costa. Five days after surgery, Fried ordered a CT scan with contrast due to a suspected obstruction of the intestine. The CT scan was interpreted by radiologist Dwarknath Shembde, who reported no leak at the site where the intestines were joined, and he confirmed the diagnosis of an obstructed intestine, da Costa said.

Arnone's condition continued to worsen until eight days after surgery, when a colorectal surgeon was called for a second opinion and, upon conducting exploratory surgery, discovered a leak where the intestines were joined, with extensive fecal spillage throughout the abdominal cavity, according to da Costa.

Arnone developed infections and required multiple abdominal wash-outs and revisions of her ileostomy, as well as several interventional drainage procedures over the next four years, as the infections kept reoccurring, da Costa said.

Arnone claimed in her suit that Fried was negligent in performing the surgery and in failing to promptly recognize the signs of a leak. She also claimed that Shembde was negligent in interpreting the CT scan.

The case went to trial before Superior Court Judge Joseph Isabella in Hudson County in September. On Oct. 14, after three weeks of trial, Shembde agreed to settle for $600,000. On Oct. 21, after four weeks of trial, Fried agreed to settle for $1 million.

Alan Baratz of Weiner Law Group in Parsippany, who represented Fried, and Sam Rosenberg of Rosenberg Jacobs Heller & Fleming in Morris Plains, who represented Shembde, did not return calls about the case.

— Charles Toutant

$1.15M for Crash With State Vehicle

Bahnsen vs. Frank: A Whippany family whose vehicle was struck by a state-owned vehicle was paid a $1.15 million settlement in its Morris County suit in September.

On July 19, 2017, at approximately 2:38 p.m., Richard Bahnsen, then 58 and currently 60, was operating a Chevy Van Express G 15 while traveling with the right of way in the center lane on Route 15 South near a New Jersey Department of Transportation garage and maintenance yard in Rockaway Township, according to the family's lawyer, Christopher L. Musmanno of Einhorn, Barbarito, Frost & Botwinick in Denville.

His son, Daniel Bahnsen, then 21 years old, was a passenger. A Ford commercial truck owned by the New Jersey Department of Treasury and operated by Daryl K. Frank was attempting to enter Route 15 South from the maintenance yard parking lot, according to the police report and Musmanno.

The suit claimed Frank negligently failed to yield, maintain proper observations, or take evasive action when he crossed over two lanes of travel, striking the front passenger side of the Bahnsen vehicle, which then struck a guardrail to the left, according to the police report.

Richard Bahnsen was extricated from the vehicle affixed to a backboard with a cervical collar applied to his neck, according to his attorney. His vehicle was totaled.

"He had a crushed chest and other issues," Musmanno said by phone. "He had four fractured ribs and broken teeth. Dentists did not want to treat him at all. … His inpatient recovery was complicated. Once he came out of inpatient care, he did not get a whole lot of outpatient therapy care."

Musmanno added, "Richard did not get treated to the extent he needed after the initial injury because he had a very limited PIP [personal injury protection] policy and Medicaid, which did not really cover much."

The case settled last June 17, during mediation before Maurice J. Gallipoli, a retired Superior Court judge with Porzio, Bromberg & Newman in Morristown. The parties settled for $1.15 million: $1.1 million to Richard Bahnsen and his wife Robin Bahnsen; and $50,000 to their son, Daniel Bahnsen, now 23.

The Department of Treasury and Frank were represented by Brian Hunkins of the New Jersey Attorney General's Office. Musmanno said the department is covering the entire settlement, which was paid in September.

Hunkins had no comment.

"I think it was fair," Musmanno said of the settlement. "We had to pay a small Medicaid lien of about $5,000. … Unfortunately, we can't give Richard new body parts, but we can make him whole again to the extent that money can accomplish that."

— Suzette Parmley