$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith

Supreme Court of the State of New York, County of New York

The Derek Smith Law Group secured a $4.050 million jury verdict on behalf of a nurse living with a rare neurological condition, who was discriminated against and placed in medically dangerous working conditions by a prestigious Manhattan hospital. The jury found that the hospital violated disability discrimination laws by failing to accommodate her needs and subjecting her to a hostile work environment.

Case Summary

A long-serving per diem ICU nurse, had worked at the hospital since 1998. While employed, she had a deep brain neurostimulator (DBS) surgically implanted to manage symptoms of dystonia, a Parkinson’s-like disorder that causes painful, involuntary muscle contractions.
The neurostimulator made her highly sensitive to electromagnetic interference (EMI) — commonly emitted by machines such as MRIs — which could cause device malfunction, seizures, or other serious complications. At first, the hospital accommodated her condition by placing her only in ICU units that did not house MRI equipment.
Over time, however, her supervisors reportedly grew frustrated with her limitations. She was ordered to work in a medical ICU near an MRI, despite her objections. Hours after returning home, she experienced intense stabbing pains in her head and lost control of her body due to neurostimulator malfunction. Her neurosurgeon had to reprogram the device twice, a process that caused nausea, disorientation, and severe brain fog.
She was also rendered unconscious for 26 hours. Due to the repeated malfunctions, her surgeon ultimately replaced the device’s transmitter with a rechargeable unit, which she now must plug in daily to maintain proper motor function.
Despite the clear medical risks, the hospital allegedly continued to pressure her to accept unsafe assignments. When she refused, the hospital stopped calling her for jobs altogether.
The hospital denied that she was disabled and argued she had simply refused work. A Manhattan jury disagreed and awarded:

• $1.85 million in emotional distress damages
• $2.2 million in punitive damages

Legal Impact

This case highlights the legal requirement for employers to accommodate disabilities and protect workers from foreseeable harm in the workplace.

“When she gets near EMI — electromagnetic interference — she feels it, and she feels it hard,” said The Derek Smith Law Group attorney Derek Smith.

“Hospitals have a duty to take care of their employees as well as their patients. This hospital should have known better.”