On May 8, 2002, plaintiff Samuel Darrell, 52, a Consolidated Edison employee, experienced dizziness for about 15 seconds prior to going to work. At about 10:30 a.m., after working for several hours, he reported to the company’s health center where he was examined by Dr. Joan Zinkawich. He informed her of his history of high-blood pressure. His blood pressure was 180/110, an elevated level. Zinkawich directed him to consult with his family physician that day.Darrell returned to work. About two hours later he began his commute home to New Jersey. He arrived home at about 4:00 p.m. and was sweating with slurred speech. He was unable to schedule an appointment with his family physician. When his wife returned home at about 7 p.m., she noticed his distressed condition and immediately called for an ambulance. He was transported to a nearby hospital where he was diagnosed having suffered a stroke.Darrell sues Zinkawich, Consolidated Edison Company of New York, and the work placement agency that supplied Zinkawich, The Winston Agency. He claimed that Zinkawich had departed from standard of care and that Con Ed and the Winston Group were vicariously liable for her actions. He acknowledged that Zinkawich advised him to see his family doctor as soon as possible. However, he contended that Zinkawich should have been more forceful in her recommendation. Con Ed and the Winston Group were dismissed pretrial.
The plaintiff’s cardiology expert determined that Zinkawich departed from standard of care and should have gotten him to a hospital that morning.
Zinkawich claimed that she did not depart from standard of care and that she recommended that Darrell consult with his family doctor that day.
Darrell suffered a stroke. He claimed that he suffers residual impairment of his attentiveness, memory and vision. He also claimed that his deficits inhibit his performance of his work-related tasks and his daily living activities. Darrell’s counsel contended that Darrell’s stroke and residual impairment could have been diminished or prevented by timely treatment of the symptoms that preceded the stroke.
Darrell sought recovery of a total of $650,000 for his past and future pain and suffering.
Defense counsel contended that Darrell recovered well and that Darrell did not sustain any permanent damage.
The jury rendered a defense verdict. It found that Zinkawich was not negligent.