THE BRONX – A jury in New York State Supreme Court in the Bronx on May 29 awarded Michael Beloyanis and Virginia Beaton $45.6 million for pain and suffering and related damages resulting from the death of their son, Edward, who died in 2010, eight years after undergoing corrective surgery at New York Presbyterian Hospital/Columbia University Medical Center (Presbyterian) for scoliosis, Newsday reported.
Presbyterian and its director of pediatric orthopedic surgery (Edward was 14 years old at the time of the operation), Dr. David Roye, were held equally responsible for the injuries that led to Edward’s death.
The operation involved inserting screws into Edward’s spine, Newsday reported, and rods into his spinal column. His attorney, Evan Trogan, argued that Roye had misplaced four screws, causing them to lodge against Edward’s spinal column, resulting in his paralysis.
The Newsday article continues:
“The family was told Edward Beloyianis had suffered a stroke during surgery and that
the hospital performed a CT scan, which found there was no surgical injury to
the spinal cord, Torgan said. However, the hospital never ordered a CT scan,
the lawyer said.
“The jury ruled that Roye and the hospital departed from ‘accepted medical
Practice’ by not having the scan done and that the decision was a ‘substantial
Factor’ in causing the paralysis.
“Torgan argued that if a scan had been performed, doctors would have seen
the screws early on and possibly been able to restore some of Beloyianis’
“Despite the paralysis, Beloyianis enrolled at Farmingdale State College and
was studying computer science.
“Beloyianis’ death in 2010 stemmed from a urinary tract infection that Torgan
said was caused by his paralysis. Farmingdale posthumously awarded him a
degree in 2011.”
Presbyterian in a statement, Newsday reported, said that while they sympathize with the Beloyanis Family, they believe “the verdict has no basis in law or fact and it will be appealed.” Torgan said the Beloyianises “feel that justice was finally served.”