Joan Rivers Malpractice Lawsuit: Settlement and Clinic Fallout

Melissa Rivers filed a wrongful death and medical malpractice lawsuit in January 2015 against Yorkville Endoscopy and several of its physicians over the death of her mother, comedian Joan Rivers, following a botched outpatient procedure on August 28, 2014. The Joan Rivers malpractice lawsuit settled in May 2016 for an undisclosed but reportedly “substantial” sum, with the defendants accepting responsibility for her death.¹

What Went Wrong at Yorkville Endoscopy

Joan Rivers, 81, arrived at Yorkville Endoscopy on Manhattan’s Upper East Side for an esophagogastroduodenoscopy to evaluate acid reflux and voice changes. Her vital signs on arrival were normal.²

Before the scheduled endoscopy began, Dr. Gwen Korovin, Rivers’ personal ear, nose, and throat physician, performed a nasolaryngoscopy to examine her vocal cords. According to the lawsuit, Korovin was not credentialed to practice at Yorkville Endoscopy, and Rivers had not signed consent for the laryngoscopy.³ The complaint alleged Korovin announced “I’ll go first” and examined Rivers’ vocal cords after she was sedated with propofol.⁴

Rivers’ vital signs began deteriorating within minutes. When anesthesiologist Dr. Renuka Bankulla raised concerns about the laryngoscopy’s effect on Rivers’ breathing, the lawsuit alleged that Dr. Lawrence Cohen, the clinic’s medical director, dismissed her as “paranoid” and proceeded with the endoscopy. A second nasolaryngoscopy was performed by Korovin after the endoscopy ended, and Rivers went into cardiac arrest almost immediately.²

According to the complaint, staff took about ten minutes to recognize they could not clear her obstructed airway. When Bankulla determined that an emergency cricothyrotomy was needed and asked Korovin to perform it, Korovin had left the procedure room.⁴ Rivers was resuscitated around 10:00 a.m. and transferred to Mount Sinai Hospital, where she was placed on life support. She never regained consciousness and died on September 4, 2014.⁵

Cause of Death

The New York City medical examiner ruled the cause of death as “anoxic encephalopathy due to hypoxic arrest during laryngoscopy and upper gastrointestinal endoscopy with propofol sedation.” In plain terms, her brain was deprived of oxygen for a prolonged period during the procedures. The manner of death was classified as a “therapeutic complication.”⁶

Who Was Sued and Why

Melissa Rivers filed the case in State Supreme Court in Manhattan.¹ The named defendants were:

Yorkville Endoscopy, the for-profit outpatient surgery center.
Dr. Lawrence Cohen, the medical director and gastroenterologist who performed the endoscopy. The suit alleged he permitted Korovin into the room knowing she lacked credentials, dismissed the anesthesiologist’s warnings, and took an unauthorized cell phone “selfie” with the sedated Rivers.⁴
Dr. Gwen Korovin, Rivers’ personal ENT, who performed the nasolaryngoscopy without consent or clinic credentials and, the suit alleged, abandoned the patient during cardiac arrest. Korovin’s attorney denied she had left, saying she “was the last doctor to leave the room after Miss Rivers was taken away by E.M.S.”⁷
Dr. Renuka Bankulla, the primary anesthesiologist.¹
Robert Koniuta, an anesthesiologist who responded during the emergency and was alleged to have failed to provide appropriate treatment.⁸

The complaint also alleged that staff failed to record Rivers’ weight before administering propofol, a detail necessary for calculating dosage, and that medication documentation was inconsistent.⁴

The Settlement

On May 12, 2016, Melissa Rivers’ attorneys announced the case had settled. The doctors and the clinic accepted responsibility for Joan Rivers’ death and agreed not to contest the lawsuit’s findings. The financial terms were kept confidential, though the family’s lawyers described the amount as “substantial.”¹

In a statement, Melissa Rivers said: “In accepting this settlement, I am able to put the legal aspects of my mother’s death behind me and ensure that those culpable for her death have accepted responsibility for their actions quickly and without equivocation.” She said she hoped the case would “spark conversation about care and policy at ambulatory surgical centers.”⁴

Regulatory Fallout at the Clinic

The clinic drew scrutiny from state and federal regulators. The New York State Health Department identified deficiencies in four categories. A separate investigation by the Centers for Medicare and Medicaid Services found that Yorkville Endoscopy had failed to obtain informed consent for each procedure, failed to record the patient’s weight before administering sedatives, documented medication dosages inconsistently, and failed to identify deteriorating vital signs or intervene in time.⁹

CMS gave the clinic a January 7, 2015 deadline to correct the problems. After three unannounced inspections in December 2014 found the facility had not taken the necessary steps, CMS terminated its Medicare agreement effective January 31, 2015. The American Association for Accreditation of Ambulatory Surgery Facilities also revoked the clinic’s accreditation.¹⁰

Where the Defendants Are Now

Dr. Lawrence Cohen was asked to step down as Yorkville Endoscopy’s medical director shortly after Rivers’ death and stopped performing procedures at the clinic.¹¹ As of September 2014, his medical license remained current with no disciplinary actions on his record.¹²

Dr. Gwen Korovin was investigated by the New York State Office of Professional Medical Conduct and by Livanta, a Medicare quality improvement organization. Both issued final decisions in July 2016 absolving her of wrongdoing in her care and treatment of Rivers.¹³ She continues to practice otolaryngology in New York City with a state medical license active through 2028.¹⁴

Yorkville Endoscopy remained open despite losing its Medicare agreement and ambulatory surgery accreditation in early 2015. The clinic still operates at 201 East 93rd Street in Manhattan and received a “High Performing” rating based on Medicare data from 2022 through 2024.¹⁵

1
The New York Times. Settlement Reached in Joan Rivers Malpractice Case
2
The Hollywood Reporter. Joan Rivers Fatal Surgery What Went Wrong
3
NCHA. Physician Role Safety
4
ABC News. Melissa Rivers Settles Medical Malpractice Suit
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CNN. Joan Rivers Cause of Death
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ABC7 NY. Medical Examiner Releases Cause of Death for Joan Rivers
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ABC News. Joan Rivers Voice Doctor Denies Abandonment Allegation
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Courthouse News Service. Outrage Over Last Operation on Joan Rivers
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Fierce Healthcare. CMS Finds Major Issues at Clinic That Treated Joan Rivers
10
Good Morning America. Clinic That Treated Joan Rivers to Lose Federal Accreditation
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ABC News. Joan Rivers Doctor No Longer Performing Procedures at Yorkville Endoscopy
12
ABC7. Doctor in Joan Rivers Procedure Asked to Step Down
13
Korovin MD. Final Decisions Investigations Dr. Gwen Korovin Joan Rivers Treatment
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U.S. News Health. Dr. Gwen S. Korovin
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U.S. News Health. Yorkville Endoscopy