Carol Ann Canzanella v. Yale New Haven Hospital Inc.

Case Background

Plaintiff Carol Ann Canzanella filed the slip and fall lawsuit on July 9, 2020, in the Connecticut Superior Court, Judicial District of New Haven (Case number: NNH-CV20-6106570-S). Judge Robin Wilson presided over the case. The court classified this as a T03 case type, indicating a tort claim involving defective premises on private property.

Cause

Carol Ann Canzanella, a 55-year-old woman with a medical history of anxiety, asthma, diverticulitis, and hypertension, presented to Yale New Haven Hospital’s Emergency Department on August 12, 2018, at 9:36 AM. She complained of left scleral redness, tearing, and a burning sensation that had persisted for three days. Canzanella reported photophobia and tearing when exposed to light. Nurse Stephanie Scholz documented that ophthalmology staff examined Canzanella at 11:45 AM and 12:14 PM. Dr. Michael Park, the attending ophthalmologist, dilated both of Canzanella’s eyes at 12:21 PM. The emergency room staff kept her under bright fluorescent lighting for an extended period, which further irritated her eyes and impaired her vision.

At 1:13 PM, Nurse Scholz noted that Canzanella was to be transferred to the Dana Eye Clinic with ophthalmology staff. Despite Canzanella’s impaired vision, no transport services were called to assist her. She walked unassisted through the hospital complex to the Dana Clinic, which was located in a different building and a considerable distance from the Emergency Department. During this transfer, when Canzanella needed to use the restroom, she requested Dr. Park’s help to locate the doorway due to her compromised vision.

As Canzanella entered the bathroom, she stepped from the carpeted hallway onto the bathroom floor. Unbeknownst to her, a member of the hospital’s custodial staff had applied an extremely slippery stripping agent to the floor and left the area unattended. No warning signs were placed to alert patients or staff of the hazardous condition. Consequently, Canzanella’s foot slipped out from under her, causing her to fall forcibly and strike her head on the metal door frame and the floor.

Injuries

As a direct result of the fall, Canzanella suffered multiple severe injuries. She sustained a concussive injury to her head, which resulted in a traumatic brain injury (TBI) with permanent neurocognitive deficits. The TBI led to post-concussive syndrome, characterized by persistent headaches and cognitive impairments.

Canzanella also experienced significant musculoskeletal injuries. She suffered musculoligamentous injuries to her cervical and thoracic spine, causing ongoing pain and reduced mobility. The fall resulted in bruises, contusions, and a laceration to her left elbow, as well as musculoligamentous injuries to her arm and hand. Additionally, Canzanella sustained bruises, contusions, and musculoligamentous injuries to her lumbar spine and coccyx.

The impact of the fall also led to neurological and sensory impairments. Canzanella reported memory loss, which affected her daily functioning and quality of life. She experienced a loss of sense of taste, which impacted her ability to enjoy food and maintain proper nutrition. Furthermore, Canzanella developed otalgia (ear pain), hyperacusis (increased sensitivity to certain frequencies and volumes of sound), and sensorineural hearing loss, all of which significantly affected her auditory perception and communication abilities.

In addition to these injuries, Canzanella developed defecatory symptoms and urinary incontinence, which caused considerable discomfort and impacted her daily activities and social life. The combination of these injuries resulted in permanent partial physical impairments and permanent partial neurocognitive impairments.

Damages

Canzanella incurred expenses for medical care, treatment, hospitalization, medications, diagnostic tests, and therapy. She required ongoing medical and neurocognitive care. The injuries impaired her earning capacity and diminished her ability to enjoy life’s activities as she had before the incident. Canzanella experienced pain, suffering, and inconvenience as a result of her injuries.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Carol Ann Canzanella
    • Counsel for Plaintiff: Carl A. Cola

 

  • Defendant(s):Yale New Haven Hospital Inc.
    • Counsel for Defendants: Miles N. Esty, Esq.

 Claims

The plaintiff claimed that Yale New Haven Hospital, Yale University, and Yale University School of Medicine, along with their staff, were negligent in their care and treatment of Canzanella. The lawsuit alleged that the defendants failed to provide appropriate transport arrangements, properly supervise the transfer, offer adequate assistance during ambulation, and ensure safe monitoring between patient care areas. The plaintiff also claimed that the defendants failed to formulate and follow proper policies for safe patient transfers within the hospital.

Additionally, the slip and fall lawsuit alleged premises liability, claiming that the defendants failed to maintain safe premises, created a dangerous condition by applying a slippery substance to the bathroom floor, and failed to warn of or remedy the hazardous condition.

Defense

 In their answer, they admitted some facts while denying or claiming insufficient knowledge about others. Yale New Haven Hospital, Inc. acknowledged ownership and control of the premises at 789 Howard Avenue, including interior walkways and restrooms. They admitted that Michael Park, M.D., and Stephanie Scholz, RN, were employees of Yale New Haven Hospital, Inc., and provided medical care to Canzanella on August 12, 2018. The defendants also confirmed that Canzanella was a business invitee of Yale New Haven Hospital, Inc.

However, the defendants denied all allegations of negligence and carelessness. They contested claims about Yale University’s involvement, the existence of certain agreements, and the specifics of Canzanella’s medical treatment and fall.

In their special defense, the defendants argued that Canzanella’s injuries and damages, if any, were caused by her own contributory negligence. They claimed she failed to exercise proper care for her own safety, did not keep a proper lookout, and failed to exercise reasonable care under the circumstances. This defense aimed to shift some or all of the responsibility for the incident onto Canzanella herself, potentially reducing or eliminating the defendants’ liability.

Jury Verdict

 The jury determined that the total medical bills amounted to $46,143.48. The jury did not award any future medical bills. For non-economic damages covering both past and future losses, the jury awarded $200,000. Additionally, they awarded $20,000 for lost wages and loss of earning capacity, encompassing both past and future losses. In total, the jury awarded damages of $266,143.48 to the plaintiff in slip and fall lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict