Trial counsel Adam Deutsch’s jury verdict in Olken v. Zajac, Westchester County Supreme Court, January 17, 2020 was the 89th largest jury verdict in the nation in 2020. It will be published in the June issue of the National Law Journal: Top 100 Verdicts of 2020.
Jeanette Olken underwent successful self-catheterization procedures after undergoing implantation of a sling to treat urinary incontinence. When she later experienced difficulty self-catheterizing, she went to a hospital emergency room.
Olken, 55, saw an emergency department physician and nurse who unsuccessfully attempted to catheterize her.
Dr. Joseph Zajac, a urologist, attempted to dilate Olken’s urethra using a metal sounds dilator. Dr. Zajac tore Olken’s urethra and vagina, and he disrupted the newly implanted sling.
As a result of these injuries, Olken suffered painful bladder spasms, which necessitated implantation of a metal stimulator. In addition, she experiences bladder and bowel incontinence.
Olken sued Dr. Zajac, alleging that he chose not to obtain informed consent for the dilation procedure, decided not to investigate the cause of her catheterization difficulties before ordering the procedure and used excessive force when handling the metal sounds dilator.
Adam Deutsch asked the jury to award Ms. Olken $2,000,000.00. In a move not often seen, the jury doubled that amount and awarded Ms. Olken $4,000.000.00.