HSS and NY Doc’s Estate Owe $28.5M in Former NFL Player Lawsuit

Former New York Giants running back Michael Cox has won a $28.5 million lawsuit against New York City-based Hospital for Special Surgery (HSS) and the estate of Dean Lorich, M.D.

The lawsuit stems from a failed ankle surgery. The award came from a Manhattan Supreme Court jury verdict. The jury awarded past damages of $12 million in loss of earnings and $1 million for pain and suffering. The jury also awarded $15.5 million in future damages for pain and suffering.

The New York Giants drafted Cox in the seventh round of the 2013 NFL Draft. He played in his first professional football game that same year. During a 2014 game, Cox suffered an on-the-field injury to his left ankle.

Thereafter, Dr. Lorich operated on his ankle. According to Cox’s court documents, Dr. Lorich “performed an open reduction of the left pronation-external rotator type IV ankle fracture.” Cox claimed that “there were numerous issues with Dr. Lorich’s repair, but one of them was that he did not address the articular cartilage injury to the talus, an injury that was documented to exist on the preoperative radiographic imaging and reports concerning those images.”

According to Cox, the surgery failed to repair the running back’s ankle. Cox’s football career subsequently ended.

In one statement, Cox’s attorney Jordan Mersen remarked, “The jury spoke with a clear and unambiguous voice that Mr. Cox received inadequate medical care and treatment and was significantly injured as a result.”

Jordan continued, “We are pleased with the jury’s decision.”

HSS and Dr. Lorich’s estate are reportedly going to appeal the jury’s decision.

Dr. Lorich died in 2017, a year after the lawsuit was filed. For OTW’s remembrance, see “In Memoriam: Dean Lorich, M.D.” At the time of his death Dr. Lorich was the associate director of the Orthopedic Trauma Service at HSS and director of the Orthopedic Trauma Service at New York Presbyterian Hospital.