[Fredslist] legal assistance in wrongful death case

[Ned Einstein]

Dear Fellow-Gothamites:


I am a member of the Network's Expert Witness Committee, and soliciting a
member of the Lawyer's Committee (or any associates) to undertake a
wrongful death case for a friend of mine for whom I did a bit of pro bono
work about six years ago, and who doesn't have the means (like the
efficiency of this Network) to obtain a civil attorney to assist him.


The decedent was a 59-year-old female (her 35-year-old son, my friend, is
the plaintiff), with a mix of psychiatric and medical problems, neither of
which made her survival precarious, or even risky. She was taking thyroid
medication (Syntheroid), but had no need for any form or monitoring or
series supervision, which the defendant's progression of negligence and
reckless disregard let to the need for.


A rather poor person, presumably with some form of healthcare
insurance, upon my belief and information, her demise (in Lutheran
Hospital) was the direct, proximate result of negligent diagnoses, leading
to otherwise-unnecessary surgery, negligent administration of medication,
and negligent treatment of the infection(s) that ensured, as the result of
which her organs simply shut down -- not to mention the pain-and-suffering
and fear-of-death that this spiral of negligence and indifference would
understandably involve.  Her only surviving son, my friend, Sean Rourke, is
the only surviving sibling, has no estate-related competition or challenges
to his rights, but clearly lost the normal rights of comfort, care,
consortium, guidance and other loses that naturally accompany them. As Mr.
Rourke is a former repeat-felon (all for non-violent crimes), yet has been
"straight" for at least six years now, he was in greater need of this
comfort, care, consortium and guidance than most plaintiffs deprived of
them under such circumstances. He is living on welfare, has no known
siblings, and never knew his father. Yet while poorly-educated, he is
unusually bright and legal-savvy -- five years ago, he prepared *all* the
motions and legal papers that resulted in his acquittal for a wrongful
arrest by the NYPD, for which he was unlawfully and wrongly incarcerated
for 14 months. He knows his way around the legal system, has had
considerable experience testifying, and for this reason, would make a
knowledgeable, articulate and reliable deponent.


Regarding the medical history-at-issue, his late mother presented, at
Lutheran Hospital, with "compartment syndrome" -- although it does not
appear to have followed any specific injuries, which is usually the case --
and in this matter, likely comprises the beginning of the negligent
diagnosis. According to the plaintiff, Mr. Rourke, the facilities were
unsanitary, and during the early stages of his late mother's stay at the
facility, she developed MRSA and another infection, and as a result,
roughly 80% of her calf muscle had to be removed surgically. According to
her son, Mr. Rourke, the defendant was informed of, and knew of should have
known, that the decedent was taking Syntheroid, and had a legitimate
prescription for it. Yet the defendant did not administer it properly, if
at all.


As a consequence of the defendant's mis-diagnosis, mistreatment and/or
reckless disregard, the decedent developed a bacterial infection, her
immune system and organs failed, and the defendant proposed that her health
be monitored [presumably including intubation] by a machine, which was
against the decedent's wishes -- but which may or may not have been done.


Clearly, all the facts are not included here, and I obviously cannot vouch
for the veracity of the defendant's medical records. Nor is the plaintiff a
physician, although his record-keeping is reasonably thorough  and his
memory of events as clear as they could or would be under such
circumstances, excluded from much of the defendant's discussion and
decision-making as he would reasonably be. Otherwise, upon the plaintiff's
information and belief, had the defendant provided timely and accurate
diagnosis, and merely continued to properly administer the medications
which had been helping the decedent, her organs would not have failed, and
her compromised life [to the extent it is determined]  would not have
required the need for being subjected to sustained monitoring on a machine.


>From what I am told by the plaintiff, the statute of limitations is due to
expire on July 7, 2016. Thus the need for filing is imminent.


To discuss your interest in assisting a the friend of a fellow-Gothamite in
this matter (or to refer another attorney to it), please contact Ned
Einstein, M-W afternoons or evenings, at 212-766-1121, or via e-mail (
einstein at transalt.com).Thank you for your consideration of this matter.


Ned Einstein

Expert Committee
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