Westchester jury finds that pulmonologist's treatment of asthma with high dose corticosteroids met standard of care where plaintiff developed avascular necrosis of her joints

A 35-year-old woman was diagnosed with severe asthma by defendant pulmonologist who admitted her to a hospital in 2008 for treatment that included over 2,000 mg of IV Solu-Medrol. Defendant also treated plaintiff as an outpatient on several occasions with tapered doses of oral Prednisone. During the subject admission, the plaintiff developed steroid myopathy characterized by pain that required the narcotics Dilaudid and Morphine. Eighteen months later the plaintiff was diagnosed with avascular necrosis of the hips, femurs and knees. Plaintiff's experts in pulmonology, allergy and pain medicine contended that she did not suffer from severe asthma; that the doses of corticosteroids administered exceeded accepted standards; that defendant did not provide appropriate information regarding risks to plaintiff; and that the medications caused her AVN. Defendant contended that plaintiff's history, complaints and physical examination findings supported the diagnosis of asthma; that the treatment was indicated; and that AVN did not need to be disclosed as a risk of therapy. After deliberating for just under an hour, the jury found that the defendant's management and treatment of plaintiff's respiratory condition met the standard of care, and that he had provided appropriate information before obtaining her consent.

This was Mr. Gerspach's 48th victory in his last 51 verdicts taken.