A three-judge appeals court panel reinstated a $5 million verdict last week ending a New Jersey woman's battle against the surgeon whose negligence led to her daughter's blindness and retardation. Carina Arguello, 19, was only two when she underwent seven hours of heart surgery. During postoperative care, Arguello's surgeon, Dr. Mark Marbey, removed the child's respirator. Arguello stopped breathing. The lack of oxygen led to clinical blindness and mental retardation.

Ada Arguello, Carina's mother, contended that Dr. Marbey failed to notice her daughter's respiratory problems and was therefore responsible for Carina's injuries. A jury returned a verdict for the plaintiff in January of 2000 but the decision was later overturned. The state appeals court reinstated the verdict after concluding that the child's injuries would not have occurred "but for" the surgeon's negligence.