JoAnne and Neil Hourihan v. Faxton-St. Luke's Healthcare, Mohawk Valley Healthcare P.C. and Dr. Arul Kannan

Medical malpractice and loss of consortium claims by JoAnne and Neil Hourihan, who claimed that Dr. Arul Kannan failed to properly diagnose and treat Mrs. Hourihan's seizure disorder with the result that she suffered permanent brain damage.

On June 25, 2003 a 5 women, 1 man jury in Otsego County Supreme Court in Cooperstown, New York returned a record $34.4 million medical malpractice verdict in favor of Joanne and Neil Hourihan of Burlington Flats, New York and against Dr. Arul Kannan, and Faxton Hospital in Utica, New York. The jury found that on October 29, 1998, Dr. Kannan failed to properly treat Joanne Hourihan for seizures during the three and one half hours she was in the Faxton emergency room. As a result, Ms. Hourihan suffered brain injury and permanent cognitive deficits. Arthur J. Siegel, of the Albany office of Bond, Schoeneck and King, PLLC represented the Hourihans. The verdict appears to be the largest of its kind in the history of Otsego County and one of the largest in upstate New York. . James F. Moran of Aswad and Ingraham in Binghamton represented Dr. Kannan and the hospital. The Honorable Patrick D. Monserrate presided over the 8 day trial.

The jury awarded to Ms. Hourihan, who was age 36 at the time of the incident, approximately $11 million in lost wages and life care costs, as well as $20 million to compensate her over the next 40 years of her life expectancy for the pain and suffering, including loss of enjoyment of life she will sustain. The jury also awarded to Neil Hourihan the sum of $3 million dollars for the loss of his wife's services over the next 30 years.

Plaintiffs alleged that Faxton ER doctor Dr. Kannan, after Ms. Hourihan arrived by ambulance after several persons witnessed her seizing at a work conference, failed to properly treat her for seizures during the three and one half hours she was in the Faxton ER. It was alleged that, although anti-seizure medication was available in the ER, and Ms. Hourihan was exhibiting signs of seizure activity, these drugs were never given to Ms. Hourihan during her entire stay there. It was also alleged that Dr. Kannan failed to timely consult with the on-call neurologist. Dr. Kannan finally transferred Ms. Hourihan to another hospital, and when she arrived there it was immediately determined that she was seizing, anti-seizure medication was given, and eventually Ms. Hourihan's seizures stopped.

As a result of the ongoing seizure activity, it was alleged that Ms. Hourihan suffered brain injury which include permanent cognitive deficits. She was in the hospital for one month, during which time she was in and out of coma, and when discharged, was an in-patient at Sunnyview rehabilitation hospital for another month. She continued with out-patient therapy at Sunnyview for several months thereafter and continues to receive ongoing therapy.

Defendants claimed that Ms. Hourihan's brain injury occurred as the result of prolonged deprivation of oxgyen to Ms. Hourihan's brain (anoxic ensepholopathy) from a claimed cardiac arrest at the time of the observed seizure activity before she arrived at the ER, and that Ms. Hourihan was not seizing at the ER but showing signs of the anoxic injury, for which no treatment was required.

Dr. Kannan, unlike all other physicians who testified, did not beleive that anti-seizure medication should have been given unless he was certain that the patient was seizing. The undisputed standard of care was that if seizure activity is suspected, medication should be given to stop the brain damage that will occur if the seizures are not stopped. It was also agreed by all the physicians from both sides who testified that the benefits of the medication outweigh the risks of any possible side effects.

Another issue of importance was that Ms. Hourihan had a history of seizures as a teenager and had also received a blow on the head from an automobile accident 24 hours before the seizures began, which can precipitate seizure activity. This history, coupled with the physical symptoms Ms. Hourihan was demonstrating, which Dr. Kannan admitted could have been consistant with seizure activity, should have led Dr. Kannan to consider more seriously the possibility that Ms.Hourihan was seizing and prescribe anti-seizure medication as a preventative measure.

Plaintiff suffers from permanent cognitive deficits, particularly with respect to short term memory and organization. She is totally disabled from her previous employment as a fraud investigator for an insurance company and any other gainful employment. She needs an aid to remind her to perform tasks of daily living, including taking her medication. She is unable to remember what she does from moment to moment, is unable to retain information for future use, and has difficulty following through on simple directions due to these memory and organizational problems. This has had a huge impact on her relationship with her 11 year old son as well as with her husband, who has now become more of a parent than a husband.

Ms. Hourihan graduated from Cornell University with a BS in agronomy and was extremely bright and independent before this incident.

Newsday published a report about this verdict.