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A $1.08 million settlement in a suit claiming an obstetrician failed to order additional fetal testing that would have detected a genetic disorder, Graham v. Shoman, was approved in a Jan. 30 order by a Bergen County judge.

Plaintiff Monique Graham claimed her doctor, Waleed Abdelghani of Hackensack, who later changed his name to Adam Shoman, conducted ultrasounds during the 21st and 22nd weeks of her pregnancy that showed genetic abnormalities. The tests revealed excess amniotic fluid, but Shoman didn't advise Graham of the risks or direct her to undergo an amniocentesis, according to Susan Connors of Nagel Rice in Roseland, who represented Graham along with Bruce Nagel of that firm.

The child, Jase, was born in December 2014 with Beckwith-Wiedemann Syndrome, which involves neurological and developmental issues. He now requires around-the-clock nursing care that the suit estimated could cost $30 million over the child's lifetime, Connors said.

The defense contended that there was no deviation from the standard of care, and that Graham voluntarily decided against additional testing after the ultrasounds, according to Connors, who said the evidence showed otherwise.

The parties were through discovery and had an early December 2019 trial date when settlement talks began. An accord was reached around the end of the year, Connors said. Shoman's carrier agreed to pay the $1 million policy limit, while Shoman paid an additional $75,000 directly.

Bergen County Superior Court Judge Rachelle Harz approved the settlement in an order dated Jan. 22 and stamped Jan. 30. The order directed the following payments: $442,956 to Graham; $100,853 to form a special needs trust for Jase; about $187,000 to satisfy liens for medical care; and $344,203 in fees and costs to Nagel Rice.

Robert Donnelly of Dughi Hewitt & Domalewski in Cranford, representing the defendants, didn't return a call about the settlement.

— David Gialanella

Cathey v. Medicenter Rehabilitation and Nursing: A hospice nurse who injured her knee stepping on uneven pavement in a nursing home parking lot while visiting a client received a $950,000 settlement in her Monmouth County suit on Jan. 22.

Plaintiff Michele Cathey was crossing the parking lot at the Jersey Shore Convalescent Center in Neptune on Sept. 8, 2015, when she stepped into a half-inch-deep depressed area and injured her left knee. Her left leg buckled but she did not fall, and she did not immediately report the incident, said her lawyer, John Mennie of Schibell & Mennie in Oakhurst.

Cathey suffered a tear to her left medial meniscus, which was treated with arthroscopic surgery, said Mennie. Cathey asserts that she developed complex regional pain syndrome in the knee, which traveled down the leg, and which will cause extensive pain and limitations on activities, preventing her from working, according to Mennie.

The defendant disputed that Cathey developed complex regional pain syndrome, Mennie said.

Cathey claimed the facility was negligent for failing to apply a sealant to the parking lot to prevent deterioration caused by water. An expert for the plaintiff asserted that such a sealant should be applied annually.

Jersey Shore Convalescent Center asserted that Cathey had used the same parking lot repeatedly and should have been aware of any uneven surfaces, making her comparatively negligent, said Mennie. The center also contended that Cathey's claim was barred under the dual-employer doctrine—that because she visited the nursing home every day for a month to provide services to her client, she was effectively an employee of the convalescent center and therefore unable to sue under the workers compensation bar, said Mennie. The nursing home also asserted that in regular inspections of its facilities by state and county officials, no criticism of the parking lot condition was ever raised, Mennie said.

The settlement was reached on Dec. 18, 2019, following mediation with Dennis O'Brien, a former Superior Court judge now with the Keefe Law Firm in Red Bank.

Suzanne Marasco of Hill Wallack in Princeton, representing the nursing home, did not return a call about the case.

— Charles Toutant