Family of Journalist Who Died Hours After Childbirth Settles Harlem Hospital Malpractice Case for $3 Million
After trial: There was no trial and no appeal. The family sued in 2017 and the case settled in 2020 for $3 million, paid by New York City Health + Hospitals, the public benefit corporation that runs Harlem Hospital, so collection is not in question. The individual physicians named in the complaint, including Dr. Thomas J. Byrne, were not part of the settlement. Public reporting does not give the county, index number or full caption of the case, so the venue below reflects only that it was a New York State Supreme Court action.
Amy Lam, a 34-year-old journalist, died roughly 11 hours after giving birth at home in West Harlem on August 1, 2016, after she was taken to Harlem Hospital Center because her placenta had not been expelled. At least five physicians treated her over about 10 hours, she received more than 20 blood transfusions, and her aorta dissected and ruptured in the operating room, leaving her with no blood volume. Her family, represented by medical malpractice attorney Susan Karten, sued in 2017, naming Harlem Hospital, New York City Health + Hospitals and five physicians, including Dr. Thomas J. Byrne, who performed a hysterectomy on Lam in the hours before her death. Attorneys for the hospital wrote in court records that what happened to her was a rare and unforeseeable lethal event, while Karten and her experts argued that her life could have been saved had the doctors moved sooner to find the source of the bleeding. The case settled for $3 million in 2020, with New York City Health + Hospitals as the only settling defendant.
What happened
Amy Lam, a 34-year-old journalist who had recently moved to New York from Hong Kong, was living in West Harlem and expecting her second child in August 2016. She planned to deliver at Mount Sinai Beth Israel in downtown Manhattan, but labor came on suddenly and she gave birth at home, with a neighbor helping. Her attorney later said the baby was fine.
Paramedics found that Lam's placenta had not been expelled and recommended a hospital. They offered her husband, Chung Kiu Kwok, two choices: NewYork-Presbyterian/Columbia University about two miles uptown, or Harlem Hospital Center. They went to Harlem Hospital because it was closer. Emergency medical records noted that Lam was alert and oriented, and she took a selfie with her husband in the back of the ambulance.
After doctors removed her placenta, Lam's blood pressure began to drop. What followed was a cascade of procedures: more than 20 blood transfusions and at least five physicians treating her over roughly 10 hours. One of them was Dr. Thomas J. Byrne. Her hospital records show he performed an ultrasound and prescribed methergine, a drug used for postpartum hemorrhage. When that did not work, another doctor opened her abdomen and found severe internal bleeding. Byrne then performed a hysterectomy, removing her uterus and at least one ovary. A vascular surgeon kept operating but could not stop the bleeding.
Lam died about 11 hours after giving birth in her apartment. Her medical records show she had lost her entire blood volume. The New York City medical examiner later wrote that her aorta, the body's main artery, had dissected and ruptured in the operating room, and the autopsy report noted it was not clear whether the rupture resulted from the care she received or occurred on its own.
In 2017 the family sued, with Susan Karten representing them. The complaint named Harlem Hospital, New York City Health + Hospitals, the public agency that runs it, and five physicians, Byrne among them. In court records, attorneys for the hospital described what happened to Lam as a rare and unforeseeable lethal event. Karten and her medical experts argued that Lam could have been saved if the doctors had acted differently and worked to identify the source of the bleeding sooner. A signed expert affirmation from an OB-GYN who testified for the family, whose name was redacted from the court records, stated that Byrne 'did not act in accord with acceptable practices via his performance of a hysterectomy' and that the surgery was not medically necessary. The affirmation added that performing the hysterectomy 'instead of gaining vascular control of her bleeding was a departure from good and accepted practices, which led to further delay in treating her.'
The case settled for $3 million in 2020. New York City Health + Hospitals declined to comment on it, and Karten later told reporters the settlement included only the agency, not the individual physicians, which meant no payment was recorded in the doctors' files in the National Practitioner Data Bank.
Karten said she first learned of Byrne's history while deposing him in the case. New York regulators had stripped Byrne of his medical license in 1991, after a state investigation found him guilty of gross negligence, gross incompetence and obtaining a license fraudulently, and after the health commissioner labeled him an imminent danger to patients. He went on to practice in New Mexico and Oklahoma, and New York restored his license without restrictions in 2014. A Gothamist investigation published in 2023 found that patients and families across several states had filed nearly two dozen lawsuits over his career alleging he negligently caused injury or death. Kwok filed complaints against three of the physicians who treated his wife with New York's Office of Professional Medical Conduct, and a letter dated September 11, 2023 confirmed an investigator had been assigned to review them.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Gothamist/WNYC (Karen Shakerdge, Nsikan Akpan and Christopher Werth), Oct. 9, 2023: reports Amy Lam's death at Harlem Hospital, names Susan Karten as the attorney who represented Lam's family in the lawsuit, and states the case settled for $3 million; source for the care timeline, the medical examiner's finding, the hospital's court filing, the expert affirmation quotes and Byrne's 1991 license revocation and 2014 restoration.
- 2.Gothamist/WNYC (Karen Shakerdge, Nsikan Akpan and Christopher Werth), Oct. 30, 2023: reports that the family's malpractice suit naming Byrne was filed in 2017, that Byrne was one of five physicians named in the complaint, and that the settlement in 2020 included only NYC Health + Hospitals.
- 3.Gothamist/WNYC (Karen Shakerdge and Christopher Werth), Nov. 6, 2023: names Amy Lam and her husband, Chung Kiu Kwok, in connection with her 2016 death at Harlem Hospital under Byrne's care, and reports Kwok's complaint to New York's Office of Professional Medical Conduct, under review as of that date.
More proven verdicts from Susan M. Karten & Associates, LLP
All Susan M. Karten & Associates, LLP proven verdicts →In the summer of 2015, after an eleven month trial over the May 30, 2008 tower crane collapse on East 91st Street in Manhattan, a jury held crane owner James Lomma, New York Crane & Equipment Corp., and J.F. Lomma, Inc. liable for the deaths of construction worker Ramadan Kurtaj, 27, and crane operator Donald Leo, 30. The awards against the Lomma defendants for Kurtaj's estate came to $55.5 million: $7.5 million for preimpact terror, $24 million for conscious pain and suffering, and $24 million in punitive damages, part of roughly $96 million in combined verdicts for the two families. Susan M. Karten of Susan M. Karten & Associates was trial counsel for the Kurtaj family. The honest frame: on September 12, 2017 the Appellate Division, First Department found the awards excessive and reduced the Kurtaj figures to $2 million, $7.5 million, and $9.5 million, a total of $19 million, and the Leo figures to $16 million, cutting the combined awards to about $35 million.
Dr. Veronica Prego, a medical intern at Kings County Hospital Center in Brooklyn, pricked her finger in January 1983 on a needle that had been used minutes earlier to draw blood from a patient with AIDS, and she later tested positive for HIV. She sued the New York City Health and Hospitals Corporation and two physicians in state Supreme Court in Brooklyn, saying the contaminated needle had been left in the patient's bedding instead of a disposal box. The hospital corporation denied negligence and its lawyer suggested at trial that Prego had drawn the blood herself. On the eve of summations in March 1990, after a nine-week trial, the corporation paid $1.35 million to settle, a figure Justice Aaron Bernstein disclosed only after the New York Post petitioned to lift a gag order. Susan Karten was one of the lawyers who tried the case for Prego.
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