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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SIDNEY E. ZION, as Administrator of the estate of LIBBY ZION, deceased, Plaintiff Index No. 15353/85 -against- THE NEW YORK HOSPITAL, RAYMOND SHERMAN, M.D., MAURICE LEONARD, M.D., LUISE WEINSTEIN, M.D., and GREGG STONE, M.D., Defendants. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Verdict Sheet 1. (a) Did Dr. Leonard depart from accepted medical practice with respect to the hydration of Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 2. (a) Did Dr. Leonard depart from accepted medical practice with respect to the performing of a neurologic examination on Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 3. (a) Did Dr. Leonard depart from accepted medical practice by not ordering arterial blood gases for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 4. (a) Did Dr. Sherman depart from accepted medical practice by not going to New York Hospital to evaluate and treat Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 5. (a) Did Dr. Sherman depart from accepted medical practice with respect to the hydration of Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 6. (a) Did Dr. Sherman depart from accepted medical practice by not ordering Libby Zion's admission to an Intensive Care Unit? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 7. (a) Did Dr. Sherman depart from accepted medical practice by not ordering arterial blood gases for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 8. (a) Did Dr. Sherman depart from accepted medical practice by making viral syndrome the working diagnosis for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 9. (a) Did Dr. Sherman depart from accepted medical practice by withholding antibiotics from Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 10. (a) Did Dr. Sherman depart from accepted medical practice by not including pneumonia in the differential diagnoses for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 11. (a) Did Dr. Sherman depart from accepted medical practice with respect to the chest x-ray ordered for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 12. (a) Did Dr. Sherman depart from accepted medical practice by ordering Libby Zion's temperature to be monitored every four hours? Yes No X Dissenting Juror, if any Number (b) If "yes", was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 13. (a) Did Dr. Sherman know that Dr. Stone intended to administer Demerol to Libby Zion? Yes X No Dissenting Juror, if any Number (b) If "yes," did Dr. Sherman depart from accepted medical practice by permitting the administration of Demerol to Libby Zion? Yes X No Dissenting Juror, if any Number (c) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 14. (a) Did Dr. Stone depart from accepted medical practice with respect to the hydration of Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 15. (a) Did Dr. Stone depart from accepted medical practice by not recommending Libby Zion's admission to an Intensive Care Unit? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 16. (a) Did Dr. Stone depart from accepted medical practice with respect to the performing of a neurologic examination on Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 17. (a) Did Dr. Stone depart from accepted medical practice by not ordering arterial blood gases for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 18. (a) Did Dr. Stone depart from accepted medical practice by making viral syndrome with hysterical symptoms the working diagnosis for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 19. (a) Did Dr. Stone depart from accepted medical practice by not recommending to Dr. Sherman that antibiotics be administered to Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 20. (a) Did Dr. Stone depart from accepted medical practice by not including pneumonia in the differential diagnoses for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 21. (a) Did Dr. Stone depart from accepted medical practice with respect to the chest x-ray ordered for Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 22. (a) Did Dr. Stone depart from accepted medical practice with respect to the monitoring of Libby Zion's temperature? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 23. (a) Did Dr. Stone depart from accepted medical practice by ordering the administration of Demerol to Libby Zion? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 24. (a) Did Dr. Stone depart from accepted medical practice by leaving Libby Zion and New York Hospital on the morning of March 5, 1984? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 25. (a) Did Dr. Weinstein depart from accepted medical practice with respect to the hydration of Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 26. (a) Did Dr. Weinstein depart from accepted medical practlce with respect to Dr. Stone's plan for "cool soaks/compresses"? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 27. (a) Did Dr. Weinstein depart from accepted medical practice by not ordering Tylenol every three hours for a temperature greater than 38 degrees Celsius? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 28. (a) Did Dr. Weinstein depart from accepted medical practlce by ordering Demerol for Libby Zion? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 29. (a) Did Dr. Weinstein depart from accepted medical practice by not ordering Libby Zion's temperature to be monitored more frequently than every four hours? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 30. (a) Did Dr. Weinstein depart from accepted medical practice by ordering that Libby Zion be placed in restrain Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No _ Dissenting Juror, if any Number 31. (a) Did Dr. Weinstein depart from accepted medical practice by not attending at Libby Zion's bedside when called by Nurse Balde between 4:15 a.m. and 4:30 a.m.? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 32. (a) Did Dr. Weinstein depart from accepted medical practice by not attending at Libby Zion's bedside when called by Nurse Grismer at 4:30 a.m.? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 33. (a) Did Dr. Weinstein depart from accepted medical practice in orderinq the administration of Haldol to Libby Zion? Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 34. (a) Did Dr. Weinstein depart from accepted medical practice by not checking on Libby Zion's status between 4:30 a.m. and 6:30 Yes No X Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 35. (a) Did Dr. Weinstein depart from accepted medical practice by not consulting with more experienced physician(s) after 4:15 a.m.? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 36. (a) Did Dr. Weinstein depart from accepted medical practice by the manner in which she responded to the call at 6:30 a.m.? Yes X No Dissenting Juror, if any Number (b) If "yes," was that departure a proximate cause of Libby Zion's pain and suffering or death? Yes No X Dissenting Juror, if any Number 37. (a) Was New York Hospital negligent with respect to the manner in which its interns or residents were supervised? Yes No X Dissenting Juror, if any Number (b) If "yes," was that negligence a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number 38. (a) Was New York Hospital negligent with respect to the work- load assigned to Dr. Weinstein on March 4-5, 1984? Yes X No Dissenting Juror, if any Number (b) If "yes," was that negligence a proximate cause of Libby Zion's pain and suffering or death? Yes No X Dissenting Juror, if any Number 39. (a) Did New York Hospital maintain a residency program which impaired the ability of its interns or residents to treat Libby Zion because they were sleep deprived? Yes No X Dissenting Juror, if any Number (b) If "yes," was that negligent conduct? Yes No Dissenting Juror, if any Number (c) If "yes," was that negligence a proximate cause of Libby Zion's pain and suffering or death? Yes No Dissenting Juror, if any Number If you have not answered "yes" to anv of the above questions regarding proximate cause, you have found in favor of defendants and need go no further. If you answered "yes" to any one of the above questions regarding proximate cause, consider the remaining questions. 40. (a) Did Libby Zion ingest cocaine on March 4, 1984? Yes X No Dissenting Juror, if any Number (b) If "yes," was that a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 41. (a) Was Libby Zion negligent with respect to the medical history she gave when she went to New York Hospital? Yes X No Dissenting Juror, if any Number (b) If "yes," was that negligence a proximate cause of Libby Zion's pain and suffering or death? Yes X No Dissenting Juror, if any Number 42. If your answer to 40(b) or 41(b) is "yes," what is the percentage of fault of Defendants 50% Libby Zion 50% TOTAL 100% Dissenting Juror, if any Number DAMAGES 1. What damages do you award to plaintiff for Libby Zion's pain and suffering? $750,000 Dissenting Juror, if any Number 2. What damages do you award to plaintiff for Libby Zion's wrongful death? $1 Dissenting Juror, if any Number PUNITIVE DAMAGES 1. Should New York Hospital be held liable for punitive damages? Yes No X Dissenting Juror, if any Number 2. Should Dr. Sherman be held liable for punitive damages? Yes No X Dissenting Juror, if any Number 3. Should Dr. Weinstein be held liable for punitive damages? Yes No X Dissenting Juror, if any Number 4. Should Dr. Stone be held liable for punitive damages? Yes No X Dissenting Juror, if any Number