Michael Cox Jr. was 25 years old and under contract with the New York Giants when a surgeon’s decisions during ankle reconstruction surgery ended his NFL career. In September 2022, a Manhattan jury awarded Cox $28.5 million, $12 million for lost earnings, $15.5 million for future pain and suffering, and $1 million for past pain and suffering, against the estate of Dr. Dean Lorich and New York-Presbyterian Hospital’s Hospital for Special Surgery.
The verdict is one of the largest medical malpractice awards in New York related to a professional athlete’s career-ending injury. It also raises questions that go well beyond football: when a surgeon clears a patient to resume full physical activity before the underlying injury is properly treated, who is responsible for what comes next?
How Michael Cox’s Career Ended
Cox was a seventh-round draft pick by the Giants in 2013, out of the University of Massachusetts. In November 2014, during a game against the Seattle Seahawks, he suffered a broken leg and ankle injury with cartilage damage. He went to New York-Presbyterian’s Hospital for Special Surgery, where Dr. Dean Lorich, then the chief of the hospital’s orthopedic trauma service, performed ankle reconstruction surgery.
After the procedure, Lorich cleared Cox to return to full, rigorous football training. The problem: the cartilage damage in Cox’s ankle had not been adequately addressed. His condition continued to deteriorate. Other physicians who examined him noted a significant decline in the bone, attempted to salvage it, and could not. Cox never played in the NFL again. He was waived by the Giants in 2015, two years after being drafted, still under a four-year contract worth $2.3 million.
Cox’s attorneys argued that Lorich failed to meet the required standard of care under New York law, both in how the surgery was performed and in how Cox was managed after it. The complaint included one count of personal injury and one count of lack of informed consent.
What the Jury Decided
Cox filed suit in May 2016, naming both Dr. Lorich and New York-Presbyterian Hospital. Lorich died in December 2017, his death was ruled a suicide, and the case continued against his estate and the hospital.
In September 2022, after a full trial in Manhattan Supreme Court, the jury found that Lorich had committed medical malpractice by failing to meet the standard of care in treating Cox. The damages breakdown:
- $12 million for past lost earnings, reflecting the NFL career he was unable to complete
- $1 million for past pain and suffering, awarded unanimously
- $15.5 million for future pain and suffering, awarded 5-1 by the jury
The defense vowed to appeal, stating the verdict was inconsistent with the evidence. Attorneys for the Lorich estate and the hospital said they strongly disagreed with the outcome.
Why the Damages Were So Large, and What That Means for Non-Athletes
The $12 million lost earnings figure in this case reflects the economic value of a professional NFL contract and career. But the logic behind it applies to anyone whose injury prevents them from working.
In New York medical malpractice cases, economic damages are calculated based on what the injured person would have reasonably earned had the malpractice not occurred. For a professional athlete, that means contract value, endorsement potential, and the projected length of a career. For a construction worker, a teacher, or a nurse, it means calculating lost wages, future earning capacity, and the cost of retraining if the person can no longer do their job.
This kind of analysis, connecting medical negligence to concrete financial loss, is where attorney credentials matter. Michael Gunzburg, P.C. is led by an attorney who is also a licensed CPA, with specific expertise in calculating economic damages, including lost wages and future earning losses, in surgical error and medical malpractice cases.
The Arbitration Question: Do Athlete Medical Malpractice Cases Go to Court or Arbitration?
This case went to a Manhattan jury, a full civil trial. But a common question in athlete medical malpractice cases is whether the dispute has to go through arbitration instead.
The answer depends on several factors, including the terms of any agreements signed before treatment, the hospital’s policies, and whether the player’s team or union had agreements affecting how disputes are resolved. In this case, Cox pursued his claims through the New York court system rather than arbitration, which allowed for a public jury verdict rather than a private arbitration award.
For non-athletes, the same question sometimes arises, some medical facilities ask patients to sign arbitration agreements before treatment. In New York, such agreements are subject to specific legal scrutiny, and there are circumstances where they can be challenged. If you were asked to sign an arbitration clause and later suffered harm, that is worth discussing with a New York medical malpractice attorney.
What Patients in New York Can Learn From This Case
The Michael Cox case illustrates a pattern that appears in many surgical malpractice claims: the harm isn’t always obvious during or immediately after the procedure. Cox’s ankle continued deteriorating after his surgeon cleared him for full activity. By the time the full extent of the damage became clear, his career was already over.
For patients in New York, a few points from this case are worth keeping in mind.
A surgical clearance is not a guarantee. When a surgeon clears you to return to normal activity, that is a medical judgment, and like all medical judgments, it can be wrong. If you return to activity after surgery and something feels off, you have the right to seek a second opinion.
Deterioration after surgery is not always a “known risk.” Defense attorneys in cases like this often argue that post-surgical decline is an expected complication. A medical malpractice claim requires showing that the deterioration resulted from a failure to meet the standard of care, something that requires expert medical testimony to establish.
The statute of limitations in New York for medical malpractice is 2.5 years from the date of the malpractice, not from when you discover the full extent of the harm. If you believe a surgery was performed negligently, speaking with an attorney as soon as possible matters.
Was Dr. Lorich’s Death Connected to the Lawsuit?
Lorich died in December 2017, found by his daughter at the family’s Park Avenue home. The death was ruled a suicide. Cox’s attorney at the time stated directly that he saw no connection between the lawsuit and Lorich’s death. Lorich had been a prominent surgeon, he was best known publicly for treating U2 frontman Bono after a 2014 bicycle accident in Central Park. The lawsuit continued against his estate after his death, and ultimately went to verdict in 2022, nearly six years after it was filed.
If a Doctor’s Error Cost You Your Health, Your Job, or Your Future
Michael Cox’s case is unusual in its scale, but the underlying situation, a surgeon’s failure to meet the standard of care, followed by a patient who can no longer live and work the way they once did, happens to ordinary people every day.
If you had surgery in New York and believe the outcome was caused by a doctor’s error rather than normal surgical risk, a free consultation with a New York City medical malpractice attorney can help you understand whether you have a claim.
Michael Gunzburg, P.C. has handled medical malpractice cases in New York for 39 years, including surgical error cases, hospital malpractice claims, and cases involving delayed diagnosis and failure to treat. All cases are handled on contingency, no fees unless there is a recovery.
Call (212) 725-8500 for a free consultation, or use the case evaluation tool to get started.
