Melissa Rivers Malpractice Lawsuit: Settlement and Clinic Fallout

Melissa Rivers’ malpractice lawsuit over the death of her mother, comedian Joan Rivers, settled in May 2016 for a confidential but reportedly substantial sum, with the Manhattan clinic and the doctors involved accepting responsibility for the 81-year-old’s death after a routine throat procedure. She had filed the suit in January 2015 in New York State Supreme Court in Manhattan against Yorkville Endoscopy and five medical providers.¹

What Went Wrong at the Clinic

On August 28, 2014, Joan Rivers went to Yorkville Endoscopy on the Upper East Side for an upper gastrointestinal endoscopy to evaluate acid reflux and voice changes. During the visit, her personal ear, nose, and throat doctor, Dr. Gwen Korovin, performed two nasolaryngoscopies for which Rivers had not given consent. Dr. Korovin was not credentialed to perform procedures at the clinic.²

Rivers’ oxygen levels dropped and her pulse became unstable. Staff failed to notice in time, and when she went into cardiac arrest around 9:28 a.m., an emergency cricothyrotomy was needed. Dr. Korovin, the only person present trained to perform it, had left the procedure room.³ Rivers was taken to Mount Sinai Hospital and placed on life support. She died on September 4, 2014.⁴ The New York City Medical Examiner ruled that her brain had been deprived of oxygen during the procedures, classifying the death as a therapeutic complication.⁵

Who Melissa Rivers Sued

Represented by Jeffrey Bloom and Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, Melissa Rivers named Yorkville Endoscopy and five providers, plus two unnamed anesthesiologists.¹

Yorkville Endoscopy, the for-profit outpatient surgery center where the procedure took place.
Dr. Lawrence Cohen, the clinic’s medical director, who allegedly allowed Dr. Korovin into the procedure room despite knowing she lacked credentials there, dismissed the anesthesiologist’s safety concerns as “paranoid,” and took unauthorized cell phone photos of Rivers while she was sedated.⁶
Dr. Gwen Korovin, Rivers’ personal ENT, who allegedly performed the unauthorized laryngoscopy and left before the cardiac arrest.⁷
Dr. Renuka Bankulla, the primary anesthesiologist, who reportedly raised concerns that were ignored, attempted intubation during the emergency, and then went looking for Dr. Korovin to perform the cricothyrotomy only to find she had left.⁸
Robert Koniuta, an anesthesiologist who responded to the call for help; the complaint alleged he failed to perform appropriate emergency treatment, though his role was primarily to assist Dr. Bankulla.⁸

The complaint alleged that Dr. Korovin had no authorization to perform procedures at the clinic, yet declared “I’ll go first” and did the laryngoscopy before the scheduled endoscopy, brushing aside the anesthesiologist’s objection.³ It also alleged staff failed to call for a crash cart when airway obstruction was recognized and delayed calling 911.⁹

Court documents revealed that Dr. Bankulla had noted in the medical record that Dr. Cohen took pictures of the unconscious patient, and the clinic’s director, Daniel Adler, acknowledged in a letter to Melissa Rivers that staff members present during the procedure confirmed Cohen had photographed her. The clinic informed her that HIPAA laws may have been violated. Cohen denied taking the photos but resigned after the incident.⁶

The Settlement

On May 12, 2016, Melissa Rivers announced that the suit had settled. The dollar figure remained confidential, though her attorneys called it substantial. The defendants accepted responsibility for Joan Rivers’ death and agreed not to contest the lawsuit’s findings. A spokesman for Yorkville Endoscopy said the settlement was reached to “avoid protracted litigation.”¹

Melissa Rivers said the resolution allowed her to “put the legal aspects of my mother’s death behind me” and that those responsible had accepted accountability “quickly and without equivocation.”¹⁰ Her legal team said they would push for state legislation requiring outpatient surgical centers to meet the same minimum safety standards as hospitals. Attorney Ben Rubinowitz said that “profit cannot be placed above patient safety.”¹¹

What Happened to the Doctors and the Clinic

Dr. Gwen Korovin was investigated by New York’s Office of Professional Medical Conduct and by Livanta, the quality improvement organization for Medicare. In July 2016, both absolved her of wrongdoing.¹² She continues to practice otolaryngology in New York with an active medical license through 2028.¹³

Dr. Lawrence Cohen was asked to step down from the clinic shortly after Rivers’ death. As of September 2014, state records showed no disciplinary actions on his license.¹⁴

Yorkville Endoscopy lost its Medicare certification effective January 31, 2015, after the Centers for Medicare and Medicaid Services determined it no longer met the conditions for coverage as an ambulatory surgical center.¹⁵ The facility remained licensed and continued operating. It now runs under the name The Endoscopy Center of New York at the same East 93rd Street address, with Daniel Adler, M.D. listed as director.¹⁶

1
New York Times. Settlement Reached in Joan Rivers Malpractice Case
2
Hollywood Reporter. Joan Rivers’ Fatal Surgery: What Went Wrong
3
ABC News. Melissa Rivers Settles Medical Malpractice Suit Over Joan Rivers’ Death
4
NBC News. Joan Rivers Died of Lack of Oxygen, Medical Examiner Says
5
ABC7 New York. Medical Examiner Releases Cause of Death for Joan Rivers
6
New York Daily News. Doctor Who Denied Taking Photos of Joan Rivers Actually Did Take Snapshots, Court Docs Reveal
7
ABC News. Joan Rivers’ Voice Doctor Denies Abandonment Allegation
8
Courthouse News Service. Outrage Over Last Operation on Joan Rivers
9
Clinical Advisor. Joan Rivers Medical Malpractice Case Settles
10
E! Online. Melissa Rivers Reaches Settlement in Malpractice Lawsuit Over Joan Rivers’ Death
11
ABA Journal. Settlement Reached in Suit Over Joan Rivers’ Death; Daughter Seeks New Law
12
KorovinMD.com. Final Decisions on Investigations Into Dr. Gwen Korovin’s Joan Rivers Treatment
13
Independent Doctors of New York. Gwen Korovin, MD
14
ABC7 News. Doctor in Joan Rivers Procedure Asked to Step Down
15
ABC7 News. Upper East Side Clinic That Treated Joan Rivers to Lose Accreditation
16
The Endoscopy Center of New York. The Endoscopy Center of New York