Partner Thomas J. Kroczynski recently received a unanimous defense verdict in Supreme Court, Suffolk County, in a case involving a 56-year old woman with a history of left leg fractures who was taking Premarin, Calcium supplements and multivitamins (MVI). After a bone mineral density study showed worsening osteopenia, plaintiff decided to stop taking Premarin because of its potential risks. The defendant-gynecologist offered the option of taking a Bisphosphonate, or continuing osteopenia treatment with only Calcium and MVI; the patient chose the latter. The patient developed osteoporosis of the spine and fell and fractured her right tibia and fibula.
Plaintiff claimed she should have been prescribed both Premarin and a Bisphosphonate when her osteopenia worsened, and had this been done, it would have reduced the risk of osteoporosis developing and the fractures of the right tibia and fibula from occurring. The defense was able to show that it was acceptable practice to treat plaintiff ’s osteopenia with Calcium and MVI and that osteoporosis did not cause or contribute to the fractures of the right tibia and fibula.