Case Background
Stefanie Kozej sought medical treatment for her veins in 2018. She went to Milford Vascular Institute on August 8, 2018, because she experienced problems with symptomatic varicose veins. Medical records showed that she had an old history of varicose veins in both legs and a past right leg deep vein thrombosis caused by birth control pills. She also carried a genetic trait known as heterozygous factor V Leiden. She informed the medical staff that her varicose veins expanded, and she felt extreme leg heaviness and cramping pain that escalated at night. She noted that she tried conservative therapy by wearing compression socks, raising her legs, and taking anti-inflammatory medication for over six months, but her symptoms continued to interfere with her job and daily activities. Dr. David J. Esposito performed an ultrasound and diagnosed her with severe superficial venous insufficiency. He concluded that her conservative therapy failed and recommended bilateral saphenous vein ablations.
Cause
Ms. Kozej underwent a radiofrequency ablation of her right greater and lesser saphenous veins on November 7, 2018. She returned to the clinic on November 14, 2018, where Dr. Esposito assessed her leg, found no deep vein thrombosis, and recorded a successful vein closure. On that same day, Dr. Esposito performed a radiofrequency ablation on her left greater and lesser saphenous veins. Following these procedures, the medical team ordered regular follow-up visits and administered multiple rounds of foam sclerotherapy and ultrasound-guided sclerotherapy to treat remaining vein branches in both legs throughout December 2018 and January 2019. The treatment caused persistent swelling, pain, tissue inflammation, and fluid buildup in both lower extremities.
Injury
The medical treatments left Ms. Kozej with lasting physical damage in her lower extremities. She developed bilateral thrombophlebitis, which involves severe inflammation and blood clots in the veins. She suffered from chronic pain, permanent swelling, venous insufficiency, and a severe condition called lymphedema that caused fluid retention in her calves, feet, and ankles. These injuries caused her continuous physical pain, emotional suffering, disrupted sleep, and limited her mobility.
Damages Sought
Ms. Kozej filed a lawsuit demanding financial compensation to cover her extensive medical bills, prescriptions, physical therapy, and future medical care costs. She also sought damages for her immense physical pain, continuous anxiety, and the loss of her capability to enjoy regular life activities. She filed a formal statement of demand seeking compensatory damages exceeding fifteen thousand dollars.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Stefanie Kozej
· Counsel for Plaintiff(s): Stephanie Z. Roberge, Esq.
· Experts for Plaintiff: Daniel Geerse | Paul E. Collier | Palma Shaw
Defendant(s): Diagnostic Imaging of Milford, P.C. doing business as Milford Vascular Institute, Milford Vascular Institute, P.C., and David J. Esposito, M.D.
· Counsel for Defendant(s): Robert E. Kiley | Nancy A. DeRose
· Experts for Defendants: Karin Augur | Paul Davis | Nicole Rizzo | David Esposito | Deborah Brunson | Rita Amendola | Jocelyn Batista | Seth B. Blattman | Daniel Geersen | Palma Shaw | Paul E. Collier
Key Arguments or Remarks by Counsel
Claims
The Plaintiff asserted that the medical providers acted carelessly and failed to follow standard medical practices. Her counsel raised specific subheadings of negligence across three separate counts in the complaint:
Medical History and Document Failures- The clinic staff failed to take and document a complete and accurate medical history of the patient before moving forward with invasive treatments.
Ultrasound Errors Dr. Esposito and his assistants failed to properly perform and interpret the initial ultrasound imaging studies of her leg veins.
Improper Medical Diagnoses- The physician made an incorrect or unsupported medical diagnosis of severe superficial venous insufficiency.
Unsafe Treatment Selection- The Defendants performed extensive bilateral vein ablations and subsequent chemical foam injections when the patient was not a safe candidate for those specific procedures.
Failure to Evaluate Medical Risks- The medical team failed to identify the heightened risks that these vein procedures posed to this specific patient, given her medical history and genetic traits.
Violation of Safe Medical Practices- The clinic failed to utilize standard, safe, and effective medical practices during her overall vein care management.
Defense
The Defendants filed a formal answer denying all claims of carelessness, medical errors, and negligence. They admitted that they employed Dr. Esposito and that he acted within his official employment scope when he treated the patient. They admitted that they performed the vein ablations and subsequent foam injections, and they acknowledged that the patient complained of pain and exhibited leg swelling during several office visits. However, they maintained that their medical treatment met the standard of care. Additionally, the defense attorneys filed a formal special defense asserting that the statute of limitations barred the Plaintiff's lawsuit because she failed to file her legal claims within the specific legal timeframe allowed by Connecticut law.
Jury Verdict
The medical malpractice trial took place in the Superior Court of the Judicial District of New Haven at New Haven. Judge Nicole Tung presided over the trial proceedings. The jury members reviewed the medical charts, heard testimony regarding the standard of care for vascular surgeries, and evaluated the arguments regarding the permanent leg injuries.
After completing deliberations on March 12, 2026, the jury returned a unanimous verdict completely in favor of the Defendants. The jury foreperson signed the official verdict form, finding the issues for Diagnostic Imaging of Milford, P.C., Milford Vascular Institute, P.C., and David J. Esposito, M.D., and against the Plaintiff, Stefanie Kozej. Judge Nicole Tung accepted the jury's decision and entered a final judgment upon the verdict for the Defendants on March 12, 2026. The final judgment ordered that the Plaintiff receive no financial award or compensation, concluding the legal dispute.
Court Documents
