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Sep 17, 2009 9:33 pm US/Eastern
Family Wins $14 Million Verdict Against Doctor
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.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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