Bronx man will get $14.5M over 2013 MTA bus crash


A Bronx man who was severely injured when a metropolis bus barreled into his minivan received a $14.5 million jury award in opposition to the MTA after the transit authority’s skilled witness admitted he’d just lately had his medical license suspended over fraudulent examination reviews.

Miguel de los Santos was driving his spouse to her birthday dinner on Pelham Parkway close to the Bronx Zoo in 2013 when an MTA bus shot throughout two lanes of site visitors and barreled into his Honda Odyssey minivan, his legal professional Eric Subin mentioned.

The accident left the 66-year-old retired constructing superintendent with critical again accidents that required spinal reconstructive surgical procedure, Subin mentioned. The grandfather of 13 now “shuffles round with a cane,” Subin mentioned. His spouse, an NYPD officer, escaped with minor accidents.

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But the MTA’s medical skilled, Dr. Roger Antoine, testified in Bronx Supreme Court docket on Nov. 15 {that a} February 2015 examination revealed de los Santos had regular muscle power and vary of movement in his again.

Antoine, a surgeon at Wyckoff Hospital in Brooklyn, admitted on cross-examination by Subin that he had “no reminiscence” of inspecting de los Santos.

“Do you keep in mind performing that examination?” Subin requested the physician.

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“I don’t keep in mind,’ he answered.

“No reminiscence of it in any respect?” Subin queried.

“No,” Antoine replied.

Additional, the doc acknowledged that in March he was quickly barred from treating injured staff and performing unbiased medical exams. A two-year investigation by the state Workman’s Compensation Board discovered Antoine had signed off on phony reviews together with one the place the physician mentioned a sufferer was faking his accidents when he wasn’t.

Subin mentioned the report was fabricated by a “chaperone” paid for by the MTA who sat in on the examination, wrote notes about what occurred, after which utilized the physician’s digital signature.

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Antoine admitted throughout cross-examination that he’s speculated to assessment and signal examination reviews.

The four-woman, two-man jury reached the decision in Bronx Supreme Court docket late Tuesday following a month-long trial.

“I’m completely satisfied,” de los Santos mentioned in regards to the eight-figure award. “The MTA lied quite a bit. All the way in which from the [bus] driver to the physician. However the jurors made their resolution they usually felt for me.”

An MTA spokesman declined to remark and Dr. Antoine didn’t return calls.


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