Nesreen F. Masso v. Christiana Care Health Services, Inc.

Case Background

On June 18, 2020, Nesreen F. Masso and her husband, Saleem Masso filed a medical malpractice lawsuit against her neurosurgeon Dr. Michael Gary Sugarman, and Christiana Care Health Services, Inc. They alleged negligence and breach of standard of care in Mrs. Masso’s diagnosis which led to a delay in surgical intervention and ultimately, caused blindness in one eye.

The case was filed in the Delaware Superior Court, New Castle. Judge Sheldon Rennie presided over this case. [Case number: N20C-06-192]

Cause

Plaintiffs Nesreen F. Masso (hereinafter “Plaintiff Masso”) and her husband, Saleem Masso, were residents of Newark, Delaware. Defendant, Dr. Michael Gary Sugarman, M.D., F.A.C.S., was a neurosurgeon practicing through his group, Defendant Delaware Neurosurgical Group, P.A. The hospital involved was Defendant Christiana Care Health Services, Inc. (CCHS), which employed various medical professionals who treated Plaintiff Masso. (“Defendants”)

On January 8, 2019, Plaintiff Masso visited the CCHS Emergency Department, complaining of a left-sided headache, eye pressure, and dizziness. Tests revealed hyponatremia and hypokalemia, but a CT scan was normal. The next day, her symptoms persisted, and by January 10, she experienced severe headaches and dizziness, especially when moving her left eye. Neurology was consulted, but cranial nerve tests showed only minor issues.

On January 11, Plaintiff Masso reported new visual disturbances, including triple vision, which worsened her nausea. An MRI, MRV, and MRA showed no significant issues. On January 12, an ophthalmology consult confirmed eye misalignment, recommending further evaluation at an outside clinic. Further tests, including MRIs and a temporal artery biopsy, failed to identify a clear cause.

By January 15, her symptoms had worsened, and a CT scan revealed a 6mm lesion near the left anterior clinoid. On January 16, a temporal artery biopsy was negative. An MRI revealed a cystic lesion in the right inferior colliculus, with no clear changes since 2005. A neurological consult was requested, but Dr. Sugarman dismissed the need for a neurosurgical evaluation, stating the cyst was not a concern.

On January 18, Plaintiff Masso requested a second neurosurgery opinion. This time, the neurosurgeon recommended surgery to decompress the orbital apex. On January 19, Plaintiff Masso underwent a craniotomy to remove the mass causing eye compression. By April 12, a second opinion confirmed that her vision in her left eye would likely not improve.

Injury

As a direct result of the Defendants’ negligence, Plaintiff Masso did not receive the appropriate or timely surgical care she needed. These failures to meet the standard of care were likely the proximate cause of her permanent blindness in the left eye, a condition that would not have occurred had Dr. Sugarman provided the proper treatment.

Damages

Plaintiff Masso suffered significant mental anguish, anxiety, pain, and physical injuries. She incurred past medical expenses and would continue to face future medical costs as a result of Defendant Dr. Sugarman’s negligence.

Plaintiff Nesreen Masso sought judgment against the Defendants for both general and special damages, along with interest and costs, in an amount to be determined by a jury.

As a result of the Defendant’s negligence, Plaintiff Saleem Masso suffered and would continue to suffer a loss of consortium, along with severe mental anguish, pain, and suffering.

Therefore, Plaintiff Saleem Masso demanded judgment against the Defendant for an amount the court and jury deemed just compensation. This amount would cover the loss of his wife’s support, guidance, affection, and companionship, as well as the mental anguish caused by her permanent injuries, plus interest and court costs.

Legal Representation

  • Plaintiff(s): Nesreen F. Masso | Saleem Masso
    • Counsel for Plaintiff(s): Bartholomew J. Dalton | Ipek Kurul
  • Defendant(s): Dr. Michael Gary Sugarman | Delaware Neurosurgical Group, P.A. | Christiana Care Health Services, Inc.
    • Counsel for Defendant(s): John D. Balaguer | Roopa Sabesan

Claims

Plaintiff brought medical negligence claims against Defendants Dr. Sugarman, Delaware Neurosurgical Group, and CCHS. It was claimed they were negligent in their treatment of Plaintiff Masso. They failed to meet the standard of care expected of a neurosurgeon and medical professionals in Delaware, considering the knowledge and practices of the profession at the time. Specifically, Defendants were negligent in the following ways:

  • Denying Plaintiff Masso’s request for a neurosurgical consultation.
  • Failing to diagnose and treat her orbital apex syndrome in a timely manner, despite clear signs and worsening symptoms.
  • Failing to order appropriate radiologic studies of the orbits.
  • Providing treatment without obtaining Plaintiff Masso’s informed consent.

The Defendant’s actions and omissions fell below the expected standard of care for diagnosing and treating orbital apex syndrome in Delaware.

Defense

The Defendants denied liability for medical negligence. However, if they were to be found negligent, they argued comparative negligence.

Jury Verdict

On May 20, 2024, the jury returned a defense verdict after determining that Defendant CHS did not breach the standard of care through any of its employees, agents or apparent agents in its treatment of Mrs Masso.

Court Documents:

Available upon request