$4.1M Medical Malpractice Verdict Awarded to Family of Child Permanently Injured by Negligent Surgery at CHOP

By Joe Messa

Jun 08

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On Monday, June 7, 2021, a Philadelphia jury awarded seven-year-old “Baby J” Yasovsky a $4.1 million medical malpractice verdict for permanent injuries he sustained as the result of negligent ptosis surgery at CHOP, which resulted in a corneal abrasion and permanent corneal scar and impacted the vision in his left eye when he was 17 months old.

Through a series of significant errors that resulted in three additional surgeries, Dr. William Katowitz left “Baby J” permanently disfigured and visually impaired, exacerbating his developmental delays and educational issues, and creating the need for lifelong medical care. The Messa & Associates attorneys who represented Baby J and his parents, Joe Messa and Justin Groen, used the Defendant Physician’s own authored publications against him to prove that he performed the initial ptosis, or droopy eyelid, surgery prematurely (because it was not causing him significant visual impairment) and in a substandard manner.

Using the doctor’s own writings, it was proven that Dr. Katowitz failed to properly measure the infant’s eyelids before surgery. As a result, he removed too much of the infant’s eyelid during the surgery. This surgical negligence caused Baby J’s eyelashes to direct inward, scratching and irritating his cornea. Baby J underwent three additional surgeries over the course of six months to correct the painful and disfiguring results of Dr. Katowitz’s initial procedure. Ultimately, Baby J was left with a permanent scar on his cornea and an eyelid that had to be lowered to protect the cornea.

The jury’s verdict not only compensates Baby J for his pain and suffering but ensures that all of Baby J’s medical and educational needs will be provided for as he navigates the world with limited vision and a noticeable deformity in one eye.

Jared, Hope, and Baby J Yasovsky were represented in the Philadelphia Court of Common Pleas by attorneys Joseph L. Messa and Justin L. Groen before The Honorable Sean F. Kennedy. The $4.1M verdict is the largest jury verdict awarded since the Court’s re-opening.

Philadelphia Medical Malpractice Attorneys

The attorneys at Messa & Associates have significant experience earning substantial settlements and verdicts on behalf of victims injured by medical negligence. If you or a loved one are a victim of medical malpractice or any other form of negligence, don’t hesitate to reach out to Messa & Associates for a free case evaluation and/or consultation. Call us toll-free at 877-637-7252 or submit your case information online.

Messa & Associates, P.C. represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, product liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates also serve clients throughout New Jersey and New York and litigate selected cases throughout the country.

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About the Author

Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More