Case Results

Verdict (Evan Torgan) $90.3m

Brain-damaged baby caused by negligent neonatal care

We agreed to take on this difficult case after it was rejected by several other law firms. Although Rivka was a healthy baby girl at birth, within hours of delivery she showed signs of respiratory distress, became pale, and her chest was retracting. Despite these obvious signs, the on-duty nurses failed to administer oxygen or call a pediatric resident. The lack of oxygen caused Rivka to become hypoxic and suffer severe brain damage, cerebral palsy and spastic quadriplegia. Defendants refused to discuss settlement prior to trial. After a trial that lasted seven weeks, Evan Torgan obtained a jury verdict in Rivka's favor in the sum of $90.3 million.

Verdict (Evan Torgan) $64m

Brain-damaged baby caused by obstetrical malpractice

Our client was admitted to Bronx Lebanon Hospital for the birth of her child. During labor, a fetal heart rate monitor was used to measure the baby’s heart rate in response to her mother’s contractions. Defendants claimed the monitoring strips were lost and could not be produced at trial. Through cross-examination, Evan Torgan proved that the defendants had ignored ominous signs of the baby’s dropping heart rate and failed to order an immediate caesarean section. The delay caused the baby to suffer a lack of oxygen to the brain and develop spastic quadriparesis and auditory memory deficit.

Verdict (Evan Torgan) $56m

Woman paralyzed during spinal surgery

This 2019 jury verdict is the largest ever in Rockland County for a medical malpractice case. Plaintiff, a 56-year-old woman, was rendered quadriplegic during spinal surgery for neck pain. During the surgery, a piece of fractured bone became embedded in the protective covering of her spinal cord, causing a contusion and hematoma of the cord. Defendants ignored sensory monitoring during the surgery which revealed the injury and also failed to evacuate the hematoma post-surgery. After a trial lasting five months, the Rockland jury returned a $56 million verdict in the plaintiff's favor.

Verdict (Evan Torgan) $45.6m

Personal Injury became wrongful death following spine surgery against NY Presbyterian and surgeon

We took on this case after it was rejected by another law firm. Our client, Eddie, suffered from scoliosis. When he was 14 years old, he underwent spinal surgery to straighten his spine. During the procedure, the surgeon pierced Eddie's spinal cord with multiple screws causing him to become paralyzed. After the surgery, the doctors falsely claimed that a CT scan had revealed that the screws were properly placed. Undeterred by his disability, Eddie went on to graduate high school, attend college and work repairing computers. Eddie passed away at the age of 22 due to complications from his paralysis.

Verdict (Evan Torgan) $30.6m

Child struck by truck resulting in leg fractures and cognitive injury

Brandon was 9 years old when he was crossing Fulton Street in front of his Brooklyn home. The defendant’s truck was attempting to go around a double-parked delivery vehicle when it slammed into Brandon, fracturing his skull and femur. A brain MRI revealed a diffuse axonal injury, a type of traumatic brain injury that results from a blunt injury to the brain, and neuropsychological testing revealed deficits in memory and processing speed. The jury returned a verdict of $30.6 million, including substantial awards for future cognitive and psychiatric care.

Verdict (Evan Torgan) $22.9m

Ferry’s crash caused fracture of passenger’s neck leaving him paralyzed

Although many law firms represented victims of the Staten Island Ferry crash, we were the first to go to trial and we achieved by far the largest verdict. On October 15, 2003, the Ferry veered off course and slammed into a concrete pier. Tragically, 11 people died and more than 70 others were injured. Our client, James, fractured a vertebrae in his neck resulting in quadriplegia. The City argued James did not need constant nursing care and that his damages should be reduced because he had a shorter life expectancy due to his paralysis. The jury returned a verdict in James's favor for $22.9 million.

Verdict (Evan Torgan) $21.3m

Fatal crash caused by car turning across traffic

Antionette was barely 5 years old when her father, James, burned to death after his vehicle was struck by a minivan driven by a physician from Teaneck, New Jersey. Despite the fact that James’s vehicle burst into flames, the doctor fled the scene of the accident. Although several Good Samaritans tried to rescue James and his brother from the burning car, they were unable to save them. The Queens jury awarded Antoinette $21.3 million for the loss of her father and James's pain and suffering.

Verdict (Evan Torgan) $17.9m

Passenger in car accident suffers herniated disc

Amelia, a 34-year-old licensed practical nurse, was a passenger in a livery car that was struck by defendant’s vehicle. Amelia suffered a herniated disc in her lumbar spine at L4-5, preventing her from continuing her career as a nurse. Defendants final offer before trial was $400,000.00; the jury returned a verdict in her favor of $17.9 million.

Verdict $16.8m

Van struck in rear by tractor trailer resulting in multiple injuries

Our clients, three musicians, were traveling to a performance when their van was struck in the rear by defendants' tractor trailer. All three suffered multiple orthopedic injuries and one suffered a mild brain injury. The jury returned verdicts of $8.8, $4.0 and $4.0 million, for a total verdict of $16.8 million.

Verdict (Evan Torgan) $9.5m

Pedestrian struck by taxi due to steam condition on street

Cathy was walking across a midtown Manhattan street when she was struck by a taxi, fracturing her spine. The taxi driver claimed he could not see Cathy because steam was pouring out of a nearby catch basin and blowing across the crosswalk. Neighbors testified the steam condition was severe and long lasting. Under cross-examination, Con Edison witnesses admitted the steam condition existed for months before the accident. The jury found Con Edison and the taxi driver jointly liable for the accident and returned a verdict of $9.5 million for Cathy’s injuries.

Verdict (Evan Torgan) $7.75m

Police officer’s car hit by drunk driver causing knee and back injuries

Our client, a 34-year-old police officer, was a passenger in a police vehicle struck by a car that ran a red light. Evidence indicated that defendant driver had a .18% blood alcohol level. Our client suffered a fracture of the tibial plateau, torn anterior cruciate ligament and a herniated disc in his lumbar spine. Defendant's final pre-trial offer was $250,000.00. The jury returned a verdict of $7.75 million in our client's favor.

Verdict (Evan Torgan) $7m

Matron in ambulette struck by truck resulting in herniated discs

Grace, a 32-year-old nurse's aide, was a passenger in defendant's ambulette when it was struck by co-defendant's truck. Grace suffered debilitating back pain that prevented her from performing her job. Defendants refused to make a settlement offer and attempted to minimize her suffering by arguing she never had surgery. They also hired private investigators to follow Grace continuously and film her every move. The jury recognized defendants' attempts to avoid responsibility for Grace's injuries and returned a verdict of $7 million in Grace's favor.

Verdict (Ed Cooper) $5m

Failure to diagnose peripheral arterial disease results in leg amputation

Bill, a Dutchess County resident, suffered from severe leg and foot pain. Defendant chiropractor did not recognize that Bill was suffering from peripheral arterial disease (PAD), a narrowing of the blood vessels leading to the foot resulting in decreased blood flow. The chiropractor mistakenly thought Bill was suffering from a herniated disc in his back and referred him to a neurologist to perform an EMG test, a test that is used to help detect neuromuscular abnormalities. Despite the fact that Bill's foot was turning blue, the defendant neurologist did not tell Bill to go to the hospital or seek immediate medical attention. By the time the defendants recognized what they were dealing with it was too late. Bill's foot could not be saved and needed to be amputated.

Verdict (Evan Torgan) $5m

Hit in rear in stop-and-go traffic resulting disc and shoulder injuries

Our client was in her vehicle in stop and go traffic when she was struck in the rear. As a result of the accident, she suffered herniated discs in her cervical and lumbar spines and a torn rotator cuff that required arthroscopic surgery. Defendant argued the impact did not cause plaintiff's injuries and offered $100,000.00 to settle the case before trial. The offer was rejected and the case went to trial. The jury returned a verdict of $5 million in plaintiff's favor.

Verdict (Ed Cooper) $3.8m

Motorist suffers shoulder, elbow and neck injuries

Our client Tim was driving on 3rd Avenue in Brooklyn when defendant went through a stop sign striking Tim's vehicle. Tim suffered a torn rotator cuff in his shoulder and epicondylitis of his elbow, both requiring arthroscopic surgery. He also suffered a herniated disc in his neck. Our accident reconstructionist helped overcome defendant's argument that Tim was speeding at the time of the accident and vigorous cross-examination of defendant's medical experts helped show that their "malingering" argument was nothing but a futile attempt to save money. Defendant's final offer of $300,000.00 was rejected and the case went to trial. The jury returned a verdict in our client's favor of $3.8 million.

Verdict (Evan Torgan) $3.27m

Teenager fractures hip in car crash

Jennie, 14 years old at the time, was a passenger in a vehicle involved in a four car accident. Jennie suffered a fracture of the femoral neck and required the insertion of three cannulated screws. Her orthopedic surgeon testified that she will develop arthritis and avascular necrosis in the future and will eventually require a total hip replacement. Defendant's pre-trial offer of $300,000.00 was rejected and the case went to trial. The jury returned a verdict of $3.275 million in Jennie's favor.

Verdict (Evan Torgan) $3.14m

Drunk driver runs red light causing back and other injuries.

Our client Deborah, a 36-year-old artist who was working as a taxi driver, was driving home when defendant ran a red light and broadsided Deborah's vehicle. Deborah suffered a bilateral fracture of the pubic rami and herniated discs in her lumbar spine. Defendants argued that Deborah's injuries stemmed from an accident four months earlier. The case went to trial and the jury rejected defendants' arguments, issuing a verdict in Deborah's favor in the amount of $3.14 million.

Verdict (Ed Cooper) $3.1m

City's failure to stop traffic causes tow truck operator's injury

Jerry, a tow truck operator, responded to the scene of a disabled tractor trailer in the center lane of the Major Deegan Expressway. A City worker stopped traffic in all three lanes so that Jerry could go underneath the disabled truck and make the necessary repairs. Unbeknownst to Jerry, while he was under the truck, the City worker allowed traffic to resume. As Jerry was emerging from underneath the disabled vehicle, another truck came by in the left lane, striking the angle iron Jerry had been holding, causing it to crash into Jerry's leg, shattering his tibia. The City refused to offer any money and the case went to trial. A Bronx jury determined the City had a special duty to protect Jerry and returned a verdict of $3.1 million in Jerry's favor.

Verdict (Evan Torgan) $3m

Track worker struck by train suffers back and other injuries

Our client was a 52-year-old track worker. While working on the installation of a new rail, a train rolled forward striking him on the hip, causing a separation of the pubic symphysis, fractured sacrum and herniated discs. His injuries prevented him from returning to his job. The case went to trial and the jury awarded him damages in the sum of $3 million.

Verdict (Ed Cooper) $2.8m

Low speed impact results in back surgery

Our client's vehicle was struck by defendant's vehicle. Defendant's insurance carrier refused to offer any money because there was minimal damage to our client's car and they argued she had a prior history of back pain. At trial, we showed that the only time she had prior back pain was in the final months of her pregnancy and it resolved after she gave birth. Also, although the damage to her vehicle did not look bad, the impact knocked her car forward into the intersection. After a lengthy cross-examination, defendant's expert orthopedist admitted that the MRI films revealed a herniated disc which matched the clinical findings. The Queens jury awarded our client $2.8 million.

Verdict (Evan Torgan) $2.8m

Bus passenger suffers spinal injuries after bus struck in the rear

Our client, an undocumented immigrant from China, was a passenger on a bus headed to Atlantic City. Defendant's truck rear-ended the bus causing our client to be thrust into the seatback in front of him. He suffered herniated discs in his spine requiring surgery. Defendants offer of $200,000 to settle the case was rejected and the case went to trial. Defendants hired some well-known "courtroom doctors" to try and convince the jury that plaintiff was faking his injuries. The jury saw through the defense tactics and returned a verdict in our client's favor of $2.8 million.

Verdict (Evan Torgan) $2.2m

Wrongful death of police officer in high speed chase

Our client, an NYPD officer, was a passenger in a police cruiser responding to a call for assistance. The vehicle was travelling 85-90 mph around a curve on a wet road when it spun out of control and struck a pole, killing our client. Our investigation revealed that the tires of the police cruiser were bald, constituting a violation of a provision of the General Municipal Law which requires the tire's tread depths be at least 2/32 of an inch. The jury found that the lack of tread depth was a cause of the accident and awarded our client $2.2 million.

Verdict (Ed Cooper) $2.1m

Construction flagger negligently directs traffic causing crash

Michael was driving through a green light when a car coming in the opposite direction made a left turn into his truck. The driver of the turning car claimed that he was following the direction of a construction flagger who waived him through the intersection. The accident caused aggravation of an old back injury and required surgery. We sued the flagger's employer, claiming the accident was their fault. They denied responsibility and refused to make an offer to settle the case before trial. At trial, the jury found the construction company 100% responsible for the accident.

Verdict (Evan Torgan) $1.9m

Ambulette driver killed in accident when cut off by bus

Our client Jean was driving a van with 11 handicapped passengers when he was cut off by a municipal bus. Jean was killed in the crash and several passengers were injured. Defendants refused to settle the case claiming the accident was the client's fault and that there was no conscious pain and suffering prior to his death. At trial we produced several witnesses who testified that defendant's bus crossed over three lanes immediately before the collision. We also engaged a medical examiner who testified the cause of death was positional asphyxia. The Nassau County jury awarded $1.99 million, including $1.75 million for two minutes of pain and suffering.

Verdict (Ed Cooper) $1.5m

Failure to administer steroids leads to wrongful death

Our client, a 59- year-old Staten Island man, had a pituitary tumor removed when he was younger. He was required to take steroids (to replace the hormone cortisol) for the rest of his life. The extended steroid use caused Johnny to develop avascular necrosis in his hip necessitating surgery. He was supposed to be given an intravenous dose of steroids one hour prior to the surgery and six hours after the surgery, but the steroids were never administered. Although his condition rapidly deteriorated post-surgery, defendants still neglected to administer a stress dose of steroids, causing Johnny to go into adrenal crisis, followed by his death. Defendants refused to make an offer to settle the case, insisting the doctors did nothing wrong. The case went to trial and the jury disagreed, returning a verdict in Johnny's favor of $1.5 million.

Verdict (Evan Torgan) $1.5m

Class mother on a school bus trip suffers spinal injuries

Our client, a 32-year-old homemaker, was the class mother supervising children on a school trip. She was assisting children off the bus when it was struck by defendant's dump truck. She suffered herniated discs in her lumbar and cervical spine. Her doctors recommended surgery but she was too afraid and opted for conservative care. Defendant's offered $35,000.00 before trial to settle the case. The jury awarded plaintiff 1.5 million.

Verdict (Ed Cooper) $1.35m

Motorist struck by Transit Authority bus suffers back injury

Joseph was stopped at a red light with his daughter in the back seat when his car was struck in the rear by a Transit Authority ("TA") bus. Despite apparent responsibility, the TA lawyers refused to settle the case, instead arguing that Joseph fabricated the accident and his injuries. Years earlier, Joseph had been convicted of selling counterfeit merchandise. Defense counsel seized upon this and argued that the impact was minimal and Joseph must have taken a sledgehammer to the back of his vehicle to give the impression of a serious accident. The sole witness to the accident, the only passenger on the bus, was by then serving a life sentence at an upstate prison. We took his testimony at the prison, and he corroborated Joseph's version, stating the impact was so severe that he was thrown from his seat at the back of the bus. We also hired an accident reconstructionist to inspect Joseph's car, and he testified that the impact was so severe it bent the driver's seat back. The case went to trial and the jury recognized defendant's attempt to pervert justice and returned an award in Joseph's favor of S1.35 million.

Verdict (Evan Torgan) $1.3m

Police officer injured in fall

Our client, a 34-year-old police officer, was exiting a truck when a rusty step collapsed under his weight, causing a herniated disc in his back. The rusty condition had taken years to develop and was never corrected. The case went to trial and the jury returned a verdict in our cleint's favor of $1.3 million.

Verdict (Ed Cooper) $1.15m

Aggravation of previous back injury

Carmen, a 43-year-old Brooklyn woman, was driving her car straight through an intersection when defendant made a left turn into her. She suffered a torn meniscus of her left knee which was successfully repaired. She also injured her lower back and tried years of conservative treatment, including injections, therapy and medications. Eventually, she had a percutaneous discectomy at L5-S1. Defendants refused to settle the case before trial claiming that Carmen had injured her back years earlier lifting her disabled mother and that her return to work proved she was not seriously injured. The case went to trial. We subpoenaed Carmen's primary care physician who testified how her back had deteriorated after the car accident. Her boss also testified how she struggles to perform her duties since the accident. The jury returned a verdict of $1.15 million in Carmen's favor.

Verdict (Ed Cooper) $1m

Car crash causes serious knee injury

Beningo worked for a car dealership. He was moving a car between dealerships when his car was struck by defendant's vehicle. His knee struck the dashboard, causing lifelong injuries including damage to his articular cartilage and subchondral bone which needed to be surgically repaired. The case was resolved at a binding arbitration where the arbitrator awarded Beningo the full available insurance coverage, $1 million.

Verdict (Ed Cooper) $1m

Car crash aggravates back injury

Salina was buckling her son into his car seat when defendant's vehicle slammed into her parked car. She suffered a torn meniscus which required surgery and aggravated a prior lower back condition. She missed seven months of work following the accident and returned to work against medical advice due to economic hardship. Defendants offered $100,000.00 to settle the case, citing Salina's prior back injury and return to work. The offer was rejected and the case went to trial. The jury returned a verdict in Salina's favor of $1.08 million.

Verdict (Ed Cooper) $1m

Electrician falls off ladder fractures wrist

Our client was installing a light fixture when his ladder buckled, causing him to fall to the ground. He suffered a fractured radius and ulna. After trial, the jury determined that the ladder was defective and defendant should have been provided a scaffold. The jury returned a verdict in our client's favor for $1 million.

Verdict (Evan Torgan) $1m

Slip and fall at parking garage causes knee injury

Rose was walking down the ramp at defendant's parking garage when she slipped and fell on grease, causing torn ligaments in her knee and a herniated disc in her low back. We were able to prove at trial that the grease was a long standing condition that defendant failed to correct. The jury returned a verdict in Rose's favor for $1 million.

Settlement $22m

Woman struck by truck sustained brain and orthopedic injuries

Shirley was walking across 9th Avenue in Manhattan on her birthday when defendants’ truck ran her over. She suffered massive brain injuries and lost her eyesight. Defendants refused to accept responsibility, claiming the accident was Shirley’s fault. The first trial ended in a mistrial. During the re-trial, Evan Torgan proved that Shirley was in the crosswalk when she was struck by the front of the truck. After months of trial, Shirley received the then-largest personal injury settlement in New York State history.

Settlement $20m

Motorist pinned between cars resulting in amputation of both legs

Our client Juan, a mechanic, had just finished jump-starting a disabled car on the Major Deegan Expressway. He was returning his tools to the trunk of his vehicle when defendant slammed into its rear, pinning Juan between the two vehicles and causing both of Juan's legs to be amputated. Defendant claimed Juan was stopped in the middle of the entrance ramp of the Expressway with his lights off. The Firm hired an accident reconstructionist to examine the wreckage and was able to prove that Juan’s hazard lights were on and that defendant should have been able to see Juan’s car and avoid the accident. The case settled before trial for $20 million.

Settlement $19.5m

Young girl paralyzed during spinal surgery

Leanne was 12 years old when she went into the hopsital for scoliosis surgery to straighten her curved spine. The evening after Leanne’s surgery, she began to deteriorate neurologically and her blood pressure began to drop. The hospital failed to treat the drop in blood pressure and claimed that it was not capable of performing an MRI during evening hours. An MRI performed the next morning revealed that her spinal cord was being compressed, but by then it was too late to reverse the damage. Leanne became a quadriplegic because of defendants’ failure to act.

Settlement $14m

Customer hit by falling merchandise resulting in paralysis

Our client John was shopping at a home improvement store when a store employee operating a fork lift negligently knocked an item off the top shelf striking John in the head. John’s neck was broken and he became paralyzed from the waist down. We sued the retail giant claiming, among other things, it was dangerous to invite customers into a working warehouse. The case settled before trial for $14 million.

Settlement $14m

Brain-damaged baby caused by obstetrical malpractice

Defendants failed to recognize signs of fetal distress during mother's labor. The delay in performing an immediate caesarean section caused the baby to be born with cerebral palsy. The case settled before trial for $14 million.

Settlement $12.5m

Motorcyclist injured as the result of improper signs on roadway

Richard was riding his motorcycle north on the West Side Highway at its intersection with Canal Street when a vehicle made an improper left turn and struck the motorcycle. Pre-trial investigation revealed that when the roadway was re-designed months earlier, the State and City failed to replace the “No Left Turn” and “Do Not Enter” signs, which would have alerted the motorist that left turns were not permittted at the intersection. During zealous cross-examination by Ed Cooper at trial, the Chief Inspector admitted the error. The case settled for $12.5 million after the inspector's testimony.

Settlement $12m

Traumatic brain injury after being struck by truck

Stephanie was crossing the street in midtown Manhattan when defendant’s delivery vehicle ran her over. Stephanie suffered a traumatic brain injury and several fractures. Defendant’s attorneys hired a neuropsychologist to argue that she was faking her head injury. The Firm subpoenaed Stephanie’s former employer and several friends to describe her cognitive decline since the accident.

Settlement $12m

Brain damage caused by obstetrical malpractice

During mother's labor, defendant physicians failed to properly interpret the fetal heart monitor strips, and failed to recognize the severity of late decelerations and non-reassuring fetal heart tones. By the time defendants recognized the baby's distress, labor had progressed to the point that a caesarean section was no longer possible. The baby was born with severe and permanent brain damage, developmental delays and cerebral palsy. The case settled before trial for $12 million.

Settlement 11.9m

Construction worker falls from ladder causing spinal injury

An undocumented immigrant performing demolition work was tasked with removing a cast iron pipe from the ceiling. To access the pipe, the worker had to stand on the top of an unstable, old ladder. Prior worker requests for a scaffold, scissor lift or safety harness were denied. As he was cutting the pipe, a section became dislodged, striking him in the head and knocking him to the ground below. The worker suffered a fractured skull, broken clavicle and herniated discs in his spine, all of which needed to be surgically repaired. The case settled before trial for $11.9 million.

Settlement 11.8m

Woman paralyzed during spinal surgery

Our client's spinal cord was damaged during cervical fusion surgery. As a result of surgical errors, she was rendered a quadriplegic and subsequently died due to complications from her injuries. The case settled during trial for $11.8 million.

Settlement 10.9m

Brain-damaged baby caused by obstetrical malpractice

During mother's labor, fetal heart rate monitor strips revealed that the baby was in distress for nearly three and a half hours before the decision to perform an emergency caesarean section was finally ordered. As the result of defendants' negligence, the child is non-verbal, suffers from cerebral palsy, has global developmental delays, limited ability to walk and spends the majority of her days confined to a wheelchair. The case settled before trial for $10.9 million.

Settlement $10.9m

Young man died from complications from paralysis

Our client, a young man, was rendered paraplegic at the T10/T11 level during spinal surgery. After he was paralyzed, a Baclofen Pump Sytem was implanted in his abdomen to continuously deliver the medicine Baclofen in small doses to reduce the pain and discomfort from spasticity and involuntary spasms. He developed a blister where the connector adjoined the pump and was admitted to the hospital to revise/rotate the Pump System. He was discharged that same day and returned home. He died approximately two weeks later. The Autopsy Report confirmed that one of the screws placed during his spinal surgery "punctured" his spinal cord. The case against the doctors and hospital settled for $10.9 million.

Settlement $9m

Failure to diagnose epidural abscess results in brain damage

Miriam developed severe, unrelenting headaches. She visited a Bronx hospital emergency room twice, only to be told both times that she had the flu and was sent home without any testing. Finally, on the third visit, a CT scan was ordered, revealing that Miriam was suffering from an epidural abscess (a collection of pus that had built up within the space around the dura mater of the spinal cord). Unfortunately, by the time the abscess was detected it had caused permanent brain damage. The case settled before trial for $9.0 million.

Settlement $8.95m

Failure to diagnose placental abruption leads to brain damage

Our Orange County client developed severe vaginal bleeding during the latter stages of her pregnancy. EMS technicians recognized she was suffering from placental abruption and called the hospital and treating obstetrician. Despite the urgency, the obstetrician waited before leaving for the hospital, causing precious hours to pass before the emergency caesarean section was performed. The delay and lack of oxygen caused the baby to suffer severe brain damage. The case settled duing jury selection for $8.95 million.

Settlement $8m

Wrongful death due to dangerous roadway

We represented the Estate of our Bronx client who tragically lost her life along with six other family members when their van spun out on the Bronx River Parkway, launched over the guardrail and plunged to the ground below. The elevated roadway was one of the most dangerous in the City of New York, causing 16 other people to die when their vehicles vaulted over the inadequate barrier. After this case, the State of New York erected new barriers on the parkway.

Settlement $8m

Wrongful death based on failure to diagnose HELLP Syndrome

Kristie, a 35-year-old Syracuse woman, died the day after giving birth to her first child. In the last weeks of her pregnancy, Kristie was found to have thrombocytopenia (low platelets) and rising blood pressure with protein in her urine, all of which are associated with preeclampsia and HELLP syndrome. Defendant ob-gyn doctors failed to order any blood work or offer any timely treatment for this serious condition. As a result, Kristie suffered massive blood loss and intracranial hemorrhage and died. The case settled at mediation for $8 million.

Settlement $8m

Failure to diagnose fetal distress causes brain damage

A Brooklyn hospital failed to recognize the signs and symptoms of fetal distress during delivery. The physicians failed to appreciate the significance of variable and late decelerations on the fetal heart monitor strips and failed to perform a timely caesarean section. As a result, the baby suffered severe brain damage, developmental delays and cerebral palsy. The case settled before trial for $8 million.

Settlement $7m

Baby suffers brain damage as a result of negligent neonatal care

Shortly after birth, our client, born prematurely, began experiencing difficulty breathing. Defendant nurse failed to properly monitor the baby - - she made notations in the chart but took no action until the next morning. We argued that the baby should have been transferred immediately to a hospital with a neonatal unit, and that the baby should have been oxygenated and kept warm.

Settlement $7m

Child struck by truck resulting in skull fracture

Herschel, a 7-year-old boy, was crossing the street near his home when a drunk driver turned into him knocking him the the ground. Hersschel suffered a traumatic brain injury causing permanent cognitive and emotional delays. The case settled at mediation for 7 million.

Settlement $6.5m

Obstetrical malpractice results in cerebral palsy

Infant plaintiff was delivered early at 33 weeks. Defendant doctors were negligent in failing to administer steroids in the face of prematurity; continuing to give Pitocin notwithstanding fetal distress; and failing to perform a timely caesarean section despite the presence of irregularities on fetal heart monitor strips. As a result of defendants' negligence, the baby developed cerebral palsy. The case settled before trial for $6.5 million.

Settlement $6.5m

Boy paralyzed during spinal surgery

Joshua suffered from Prader-Willi Syndrome, causing him to develop severe scoliosis. When he was 10 years-old, Joshua underwent multi-level fusion surgery to correct his spinal deformity. Two days post-surgery and too weak to stand on his own, a nurse attempted to assist Joshua out of bed by herself. Instead, she dropped him to the floor, causing him to become paralyzed in both lower extremities. A second surgery to remove the hardware failed to reverse the paralysis. Sadly, prior to trial, Joshua passed away of conditions unrelated to the spinal surgery. The case settled for $6.5 million.

Settlement $6m

Negligent design of gas station results in customer being struck by vehicle

Defendant's gas station consisted of a small building with several gas pumps in very close proximity. Our client was at the window paying for gas when the driver of a car pulling up to one of the pumps lost control and pinned her to the building. We obtained the original blueprints from the Building Dep't which revealed that the design included the installation of bollards to protect patrons from vehicles approaching the pumps. However, when the station was renovated years earlier, the bollards were not installed. Our client suffered severe fractures and internal injuries. The case against the gas station settled for $6 million.

Settlement $6m

Failure to treat a deep vein thrombosis in a timely fashion leads to wrongful death

Our client, a 41-year-old teacher and mother of two, had surgery for her fractured leg after she fell in her bathroom. In the weeks following the surgery, she developed intense pain and swelling in her calf. Defendants failed to recognize that plaintiff was suffering from a deep vein thrombosis (a blood clot that develops in a vein deep in the body) in her leg. Also, when a sonogram was finally ordered and it revealed that every vessel in her leg was occluded, an ambulance was not called and a specialist was not notified. Our client died before the condition could be treated. The case settled before trial for $6 million.

Settlement $5.5m

Motorist pinned between vehicles loses leg

After our client Jean's car broke down on the Brooklyn Queens Expressway, he pulled over as close to the median as possible and went to retrieve his jack from the trunk of his car. Defendant failed to recognize that traffic had slowed down because of the disabled vehicle and slammed into Jean, pinning him between the two cars, causing Jean to have his leg amputated below the knee. The case against the driver settled before trial for $5.5 million.

Settlement $5.5m

Wrongful death of truck driver struck by airborne manhole

Jose, a father of three young children, was driving his tractor-trailer on the Cross Bronx Expressway when the vehicle in front of him ran over an improperly secured manhole cover, launching it into the air and through the front window of Jose's truck. Tragically, Jose was struck by the cover causing his death. Our investigation revealed that the Cross Bronx Expressway was under construction at the time of the accident and there had been several other dislodged manhole cover incidents in the preceding weeks and months caused by the milling and repaving of the roadway. Despite knowledge of these prior incidents, the contractor, State DOT, and City of New York failed to take appropriate remedial action. We rejected a $2 million settlement offer made before trial. Following a compelling opening statement and cross-examination of defendants' engineer, the case settled during trial for $5.5 million.

Settlement $5m

Failure to diagnose osteomyelitis results in permanent injuries

Our client Virginia, a Manhattan resident, was sent for an MRI for her neck pain. The defendant doctors negligently failed to recognize that she had an epidural abscess in her spine and administered an epidural steroid injection into her neck, which is contraindicated in the presence of an abscess. Virginia developed osteomyelitis in her spine and was left with permanent weakness and numbness in her arm. The case settled during trial for $5 million.

Settlement $5m

Bicyclist falls after striking construction plate in road

Our client was riding his bicycle home from work when he hit a raised construction plate in the roadway, knocking him off his bike. He was then struck by a passing motorist who did not stop and could not be found. Plaintiff suffered severe spinal injuries as a result of the accident. The case settled before trial for $5 million.

Settlement $4.75m

Painter falls from scaffold causing multiple fractures

Our client was working on a suspended scaffold painting an overpass. The scaffold was not properly erected and our client was not provided with a proper safety harness. The scaffold tilted and the client fell to the ground, causing multiple fractures of his leg, ankle and foot. The case settled before trial for $4.75 million.

Settlement $4.6m

Obstetrical malpractice caused injury to newborn

Our pregnant client went to a major hospital in Brooklyn to deliver her baby. Defendant hospital failed to recognize signs of fetal distress, failed to properly interpret the fetal heart monitor strips and negligently performed a vacuum extraction. The baby suffered cerebral palsy secondary to lack of oxygen at the time of delivery. The case settled before trial for $4.6 million.

Settlement $4.5m

Doctor punctures pulmonary artery while inserting catheter

Our client Gloria, then 18 years old, was admitted to the hospital for a bone marrow transplant. After the surgery, defendants attempted to insert a Broviac catheter, which is an intravenous line placed into a vein in the chest so that medications, blood transfusions and fluids can be easily administered. The first year medical resident who inserted the catheter punctured Gloria's pulmonary artery and she began to bleed internally. Over the course of the next few hours, the defendant doctors did nothing as Gloria's blood pressure began to plummit due to the blood loss. Eventually, Gloria's blood pressure dropped so low that she became unresponsive. She went into cardiac arrest and died in the hospital. The case settled before trial for $4.5 million.

Settlement $4.4m

Failure to perform timely c-section results in brain damage

During delivery of our client's baby, there were signs of fetal distress during labor. Defendants hospital and physicians failed to recognize the signs of distress and failed to perform an emergency caesarean section. As a result, the baby suffered a lack of oxygen, developed brain damage and suffers from cerebral palsy. The case settled before trial for $4.4 million.

Settlement $4.37m

Failure to diagnose spinal injury leads to paralysis

Our client, a mentally challenged adult, was a rear seat passenger involved in an auto accident. He presented to the emergency room complaining of severe neck pain. A CT scan revealed a large osteophyte in his cervical spine pressing upon his spinal cord. Although the attending physician confirmed the need for a neurosurgical consult, our client was discharged home and became paralyzed in the days that followed. He died from an unrelated issue a short time later. The case proceeded against the drivers responsible for the accident, as well as the hospital and physicians that failed to recognize the severity of the spinal injury. The case settled for $4.375 million before trial.

Settlement $4.1m

Steel plate falls fracturing worker's leg

Gary, a union laborer, was part of a crew responsible for moving two steel plates welded together with an I-beam and weighing 6,000 pounds. The hoist system being used to move the plates broke and crashed into Gary's leg, fracturing his tibia and fibula and injuring his low back. The case settled before trial for $4.1 million.

Settlement $4m

Motorcyclist hit and dragged by fire truck suffers degloving injuries

While riding his motorcycle, our client just completed a left turn when he heard the sirens of a NYFD truck approaching from behind. He pulled to the side of the road and stopped, waiting for the fire truck to pass. The fire truck took the turn at an excessive rate of speed and hit our client, dragging him down the block underneath the truck. Our accident reconstructionist concluded that the fire truck failed to slow down when making the turn and was also well outside of its lane of travel when it struck the client, who suffered degloving injuries of his leg requiring multiple grafting surgeries. The case settled before trial for $4.0 million.

Settlement $3.9m

Mother killed by truck reversing down one way street

Our client, the mother of a special needs child, was walking across the street when defendant's truck, traveling in reverse down the street, struck and ran her over. The driver failed to activate his warning lights or horns as he drove in reverse and his co-worker failed to act as a spotter while the truck backed up. Our client died as a result of her injuries. The case settled before trial for $3.9 million.

Settlement $3.85m

Failure to perform timely c section results in cerebral palsy

Our client was 38 weeks pregnant when a sonogram revealed that she had diminished amniotic fluid. Proper ob-gyn practice required that she be hospitalized immediately, but defendants failed to do so. When she finally was admitted to the hospital, defendants improperly administered Cytotec to induce labor but then failed to recognize signs of fetal distress. As a result of defendants' negligence, the baby was deprived of oxygen and developed cerebral palsy. The case settled before trial for the available insurance limits, $3.85 million.

Settlement $3.75m

Rear-end auto accident causes back injury

Our client's vehicle was stopped in traffic when defendant's vehicle struck her in the rear. She sustained back injuries requiring multiple surgeries. Defendant hired a biomechanical engineer to argue that the impact was not severe enough to cause the injuries. The case settled after jury selection for $3.75 million.

Settlement $3.6m

John Jay College student falls down wet steps causing brain injury

Our client had just left class and was walking down the stairs when she slipped and fell backwards, causing her to smack the back of her head on a step. Defendant's worker had mopped the steps moments earlier and neglected to put up any caution signs. The impact to the client's head caused her to suffer a mild traumatic brain injury, including cognitive delays and emotional dysregulation. The case settled before trial for $3.6 million.

Settlement $3.5m

Pedestrian struck by car while crossing the street

Our client was walking across the Grand Concourse in the Bronx, in the crosswalk, when defendant made a left turn, striking her and knocking her to the ground. She suffered injuries to her neck and back requiring spinal fusion surgery and a tear of ligaments in her knee, requiring arthroscopic surgery. The case settled before trial for $3.5 million.

Settlement $3.5m

Car mounts on sidewalk striking pedestrian

Our client was standing on the sidewalk with a friend outside of her office building when two vehicles collided and one jumped the curb striking her and killing her friend. Our client suffered facial fractures, a mild traumatic brain injury and various orthopedic injuries. She had difficulties with activities of daily life and was forced to take a reduced role at work. The case settled before trial for $3.5 million.

Settlement $3.5m

Misdiagnosis of cancer leads to unnecessary, disfiguring surgery

Our client Rose, then-72 years old, had a long history of a recurrent nose bleeds. Radiological studies revealed a mass in her nasal cavity. A biopsy was taken, and defendant pathologist mistakingly diagnosed angiosarcoma - an aggressive form of cancer. As a result of the misdiagnosis, Rose underwent a total rhinectomy (surgical removal of the nose). Subsequent pathology revealed that the mass was actually a Masson's lesion, which is a benign vascular lesion, and therefore the removal of Rose's nose was not medically necessary. The case went to trial and settled for $3.5 million shortly after our cross-examination of the defendant doctors.

Settlement $3.5m

Motorcyclist thrown from bike after hitting defect in roadway

Joel, 45 years old, was riding his motorcycle in upper Manhattan when his front tire struck a crater-like defect in the roadway, suddenly and violently throwing him off the motrcycle. Our investigaton revealed that the defect was caused by an electric company that had recently been working in the area. Joel needed a right total knee replacement and subsequent revision surgery. He continued to suffer from chronic pain for years following the accident. Joel came to us after being dissatisfied with his prior counsel and we were able to settle his case before trial for $3.5 million.

Settlement $3.5m

Failure to properly monitor patient after knee surgery results in brain injury

Our client Yvette underwent an elective knee surgery at a large hospital in the Bronx. Following the surgery, her doctors and nurses administered too much pain medication causing respiratory depression and they also failed to diagnose aspiration pneumonia. As a result, Yvette went into cardiopulmonary arrest and nearly died. She suffered an anoxic brain injury from the lack of oxygen. The hospital settled the case for $3.5 million prior to the completion of discovery.

Settlement $3.5m

Laborer injured attempting to lift machinery

Although a crane or a crew of eight workers was typically utilized to move equipment at our client's workplace, in this case our client was directed to move a 580 pound piece of equipment by himself. As a result, the client suffered a back injury that prevented him from returning to work. His case settled before trial for $3.5 million.

Settlement $3m

Professor struck by turning car suffers leg and knee fractures

Our client, a professor at Columbia University, was crossing the street in the crosswalk when defendant's car made a left turn into her, knocking her onto the hood of the car and causing severe fractures of her leg and knee. Although defendant blamed the client for the accident, surveillance video from a nearby store revealed that the accident was completely defendant's fault. The case settled before trial for $3 million.

Settlement $2.85m

Failure to properly treat head injury leads to wrongful death

Our 51-year-old client fell down a staircase in a laundromat, struck his head causing hemorrhages and a subdural hematoma. Defendants, physicians and hospital, failed to recognize that his condition was deteriorating in the hospital, failed to properly evaluate his intra-cranial pressure, failed to order timely radiological studies which would have revealed a midline shift and failed to perform a timely neurosurgical intervention. Our client died as a result of his injuries. The case settled before trial for $2.85 million.

Settlement $2.8m

Worker on hanging scaffold not given proper safety harness

Our client, an undocumented immigrant from Nepal, was working on a hanging scaffold removing brick from the exterior wall of defendant's building. A section of bricks came loose and tumbled down onto the scaffold causing it to tilt and the client to fall to the ground below. Prior to the accident, our client had complained about the instability of the wall and the lack of working safety harnesses at the job site but was told to "work or go home." Defense counsel tried to blame our client for the accident. The case settled during trial for $2.8 million after our cross-examination of the general contractor.

Settlement $2.8m

Construction site supervisor falls from ladder causing leg and ankle fractures

Our client Dimitrios, a field supervisor, was tasked with welding a portion of the balcony on the outside of the building. Defendants failed to provide Dimitrios with a scaffold to access the balcony, forcing him to perform the welding from an extension ladder without any safety equipment. As he was welding, the ladder suddenly slid backward causing Dimitrios to fall and sustain severe leg and ankle injuries. He underwent open reduction internal fixation surgery of his ankle and also needed temporary external fixation to treat his leg fractures. The case settled before trial for $2.8 million.

Settlement $2.7m

17-year-old undocumented immigrant worker falls off defective scaffold

Lesvin, a 17-year-old immigrant from Guatemala, was painting while on a scaffold when he fell and struck his head on the cement ground below. Lesvin suffered cervical fractures as well as a brain bleed requiring an emergency craniotomy. He also developed cognitive difficulties and required fusion surgery for his neck after conservative treatment failed. In total disregard of worker safety, the contractor in charge of the job provided a scaffold without guardrails. After years of litigation and refusal to accept responsibility, defendants settled at trial for $2.7 million shortly after opening statements.

Settlement $2.6m

School aide suffers lumbar spine injury after being rear-ended by truck

Our client Victor, a school aide from the Bronx, was driving his minivan on the Cross Bronx Expressway when it was hit from behind by a cement truck. He suffered a lower back injury requiring multilevel fusion surgery making it difficult for him to work. Victor’s prior counsel was unable to obtain a satisfactory settlement offer and engaged us as trial counsel. We were able to settle the case during jury selection for $2.6 million.

Settlement $2.5m

Truck driver suffers internal injuries in crash

Our client Patrick was driving a bread truck in course of his employment. Defendant, a construction company repaving the Cross Westchester Expressway, stored its equipment on a large median between the eastbound and westbound lanes of traffic. Defendant driver, operating a dump truck, entered the left lane of traffic from the median at a dangerously slow rate of speed. Patrick was unable to stop in time and struck the merging dump truck in the rear. We were able to prove at trial that the merging lane was improperly designed and did not enable trucks to reach a proper speed before merging into the left lane of traffic. The case settled before trial for $2.5 million.

Settlement $2.5m

Motorist injured on negligently designed and maintained roadway

Our client was driving on a highway when he drove under an overpass, hit a patch of ice and spun out of control. Upon coming to rest, his car was struck by another motorist causing him to suffer severe spinal injuries. Our investigation revealed that water was consistently dripping off the overpass and ponding on the street below, and in the years prior there were multiple accidents caused by the accumulation of water and ice on the road surface. The case settled before trial for $2.5 million.

Settlement $2.5m

Off-duty police officer shot and killed by fellow police officer

Our client Eric, a young Latino NYPD police officer, was off duty when he was shot and killed by a fellow NYPD policeman. After work one evening, Eric went out with friends and then went by himself to a White Castle where he was assaulted by a group of young men. Severely beaten, Eric managed to escape to the parking lot where he grabbed an individual who he believed to be one of his assailants. Eric was holding the man on the ground at gunpoint when the NYPD arrived. The NYPD officer, who had a prior history of excessive force, yelled at Eric to drop his gun and, without affording Eric the time to do so, opened fire hitting Eric multiple times. Eric died days later. We hired experts in police conduct who all came to the conclusion that the officer who killed Eric did not follow proper NYPD procedure during the encounter. The case settled before trial for $2.5 million.

Settlement $2.5m

Failure to diagnose deep vein thrombosis causes death of young woman

Our client went to a Queens hospital emergency room complaining of pain, swelling and redness in her left leg. Defendant doctor misdiagnosed the condition as cellulits and sent her home. Two days later, she returned to the hospital with greater pain, but was kept in the waiting room for two hours. She died of a deep vein thrombosis (a blood clot that develops in a vein deep in the body), a portion of which travelled to her lungs, before being seen by a doctor on the second visit. The case settled before trial for $2.5 million.

Settlement $2.5m

Company keeps truck with faulty brakes in service, resulting in collision with client's vehicle

Luis suffered neck, back and knee injuries after his vehicle was rear-ended by a beverage-delivery truck. Records obtained in discovery revealed that defendants knew that the truck's brakes were in need of repair yet still allowed the truck on the road. We were able to hold the company that owned the truck and the company engaged to keep all of the owner's trucks in good repair responsible for the accident. The case settled before trial for $2.5 million.

Settlement $2.5m

Car accident causes aggravation of cervical spine injury

Tom, a 42-year-old Verizon worker, was involved in an automobile accident. Defendant conceded liability and the case focused on damages. Tom had a prior accident where he suffered a herniated disc in his cervical spine; however, he was able to fully recover from that accident and return to full-time work. The current accident caused an aggravation of the injury. We subpoenaed Tom's treating radiologist who compared the previous and current radiology films and showed how the accident made Tom's condition dramatically worse. The case settled before trial for $2.5 million.

Settlement $2.3m

Mother bled to death during labor and delivery

Our client suffered from uterine fibroids. Due to the size and location of the fibroids a C-section was indicated. However, the physicians attempted to perform a vaginal delivery. Shortly after the birth of her child, our client hemorrhaged and bled to death. The case settled shortly before trial for 2.5 million.

Settlement $2.3m

Wrongful death caused by neurosurgical malpractice

Tom, a 52-year-old Nassau County man went to the hospital with severe chest pain. Suspecting a heart attack, he was given TPA, a thrombolytic therapy used to bust clots. Unfortunately, he developed an intracerebral hemorrhage, a known risk of the medication. Tom was transferred to defendant hospital where his care was mismanaged by the neurosurgical team. Defendants failed to properly treat the hemorrhage, improperly clamped the ventriculostomy and failed to recognize the decline in Tom's condition after it was clamped. Defendants also failed to properly monitor his intracranial pressure and failed to recognize that he had developed hydrocephalus. His brain herniated and he passed away, leaving behind a wife and two boys. The case settled during trial for $2.3 million.

Settlement $2.3m

Failure to diagnose sickle cell crisis leads to wrongful death

Our client Jaroy had a long history of sickle cell disease. Despite years of treatment, defendants' treatment record made little mention of sickle cell disease. Jaroy developed severe back pain, jaundice, yellow eyes, an enlarged spleen and dehydration. Despite his condition and prior history, defendants failed to recognize that Jaroy was in sickle cell crisis, resulting in his untimely death at 43 years of age. The case settled before trial for $2.3 million.

Settlement $2.3m

Cervical epidural injection results in quadriplegia

Kathleen went to a pain management doctor for a cervical epidural injection to combat her neck pain. During the procedure the doctor pierced her spinal cord rendering her quadriplegic. Prior to the procedure, defendant had administered the equivalent of general anesthesia which made Kathleen unable to feel the needle puncturing her nerves. Unfortunately, the insurance coverage was insufficient to compensate Kathleen for the severity of her injuries. The case settled for the doctor's full policy limits, $2.3 million.

Settlement $2.25m

Driver in automobile accident suffered shoulder, elbow and neck injuries

Our client was stopped at a red light when his car was struck in the rear by defendant. As a result of the accident, he suffered herniated discs at L4-5 and L5-S1 requiring a decompressive laminotomy/facetectomy. He also suffered a partial tear of his lateral meniscus requiring arthroscopic surgery. The case settled before trial for $2.25 million.

Settlement $2.25m

Motorist rear-ended by Transit Authority bus suffers spine injury

Denise, 44 years old, worked two jobs, one at American Airlines and the other at the U.S. Postal Service. She was stopped at a red light when her vehicle was struck in the rear by a New York Transit Authority bus. Denise suffered herniated discs in her spine and needed a laminectomy with fusion surgery. The case settled after jury selection for $2.25 million.

Settlement $2.1m

Laborer digging hole hits electrical cable suffers shock injury

Joseph, a water company employee, was tasked with cutting and capping the waterline at an abandoned gas station on Long Island. As he was digging with a metal shovel to access the buried waterline, he hit an exposed electrical cable, shocking him and throwing him to the ground. The owners of the property, as well as the other contractors on the job, failed to alert Joseph to the presence of the live wire, which had been severed during work at the property only six days prior. Neither the property owner nor the contractors did anything to repair the severed cable prior to the day in question. Joseph underwent carpal tunnel surgery and cervical fusion surgery. We were able to hold five contractors and the owner responsible and settled the case before trial for $2.1 million.

Settlement $2.1m

Wrongful death caused by failure to diagnose congestive heart failure

Charles went to his primary care physician (PCP) for difficulty breathing and was diagnosed with an upper respiratory infection. Charles' condition continued to deteriorate so he went to the Emergency room. The Hospital claimed that Blue Cross - Blue Shield required pre-approval from the PCP to admit Charles into the Hospital. The PCP refused to authorize the admission stressing that it was simply an infection. The diagnosis was wrong, Charles was suffering from congestive heart failure and died shortly after he was denied admission. The Firm sued the PCP, the Hospital and, in a case of first impression, Blue Cross Blue Shield. The case settled before trial for 2.1 million.

Settlement $2m

Union laborer suffers severe leg fracture and compartment syndrome

Ted, a union laborer, was chipping concrete with a pneumatic gun when the concrete exploded, launching a chunk into his lower leg. Unbeknownst to Ted, the area where he was directed to chip was reinforced with post-tensioned cables within the concerte. When the cable was cut it caused a "blow-out." Based on the original 1982 design drawings unearthed in our investigation, we successfully argued that the project engineer and general contractor should have known about the presence of the post-tensioned cables in the concrete and not directed Ted to chip there. The case settled before trial for $2 million.

Settlement $2m

Drunk driver causes crash that kills young father

Albert was driving home with his passenger wife when a drunk driver ran a stop sign and slammed into Albert's vehicle. Albert died in the crash and his wife was seriously injured. On behalf of Albert's estate, we recovered $2 million from the drunk driver, the restaurant that served the already-intoxicated defendant driver (via a Dram Shop claim), and the owner of the property whose overgrown hedges blocked Albert's view of approaching motorists, in violation of a Town of Hempstead ordinance.

Settlement $2m

Failure to diagnose testicular cancer

Our client Greg visited defendant doctor after discovering a lump on his testicle. Defendant failed to rule out testicular cancer by ordering a sonogram or referring Greg to a specialist. Instead, defendant diagnosed the lump as a spermatocele and told Greg to return in six months. Upon his return, the lump had grown and defendant finally referred him to a specialist. The delay in diagnoses caused the cancer to advance from stage 1 to stage 2 and invade Greg's lymph nodes. The delay caused him to undergo a retroperitoneal lymph node dissection and chemotherapy. As a consequence, Greg, a young man, is infertile and has retrograde ejaculation. The case settled before trial for $2 million.

Settlement $2m

Bus runs over boy on bicycle

Elijah, 12 years old, was riding his bicycle across the street in front of a stopped school bus, when the driver suddenly accelerated, striking Elijah with the front of the bus. Defendant driver claimed Elijah was not in the crosswalk, but rather he rode his bike into the rear side of the bus. Defendants did not make an offer to settle prior to trial. At trial, we presented an accident reconstructionist expert who examined the bicycle and testified that the damage was consistent with being struck by the front of the bus, not by riding the bike into the side of the bus. The expert also discovered fragments of reflective white paint embedded in the bicycle, the same paint used in crosswalks, thus proving Elijah was in the crosswalk when defendant's bus ran him over. The case settled for $2 million shortly after the expert testified.

Settlement $2m

Failure to diagnose a benign tumor leads to death.

Our client Russell, 30 years old, had a long history of headaches. Radiological studies revealed a mass in his sphenoid sinus. Defendant doctor incorrectly diagnosed a mucocele (a benign cyst) and treated the condition as a mucocele for five years. In fact, Russell was suffering from a myxoma, a non-malignant tumor. During the five years the condition was misdiagnosed, the myxoma continued to grow, eroding the surrounding bone, exposing the dura, and abutting Russell's brain. By the time the condition was correctly diagnosed, the tumor had wrapped around portions of his brain, greatly diminishing his chance of surviving resection surgery. In fact, Russell died during the surgery to remove the tumor, leaving behind his wife and five-year-old son. The case settled before trial for $2 million.

Settlement $2m

Failure to timely diagnose cauda equina syndrome results in permanent nerve damage

Our client, an attorney, presented to his neurologist upon a sudden onset of lower back pain while standing and difficulty urinating – – both symptoms of cauda equina syndrome – – a condition that occurs when the bundle of nerve roots at the lower end of the spine are compressed, requiring decompression surgery. His doctor failed to associate our client’s symptoms with cauda equina syndrome and did not treat his condition as a medical emergency as required. It was not until our client saw another doctor two days later that the condition was properly diagnosed, and our client sent to the hospital for emergency surgery. Due to the defendant's medical negligence, our client sustained permanent nerve damage. The case settled before trial for $2 million.

Settlement $2m

Doctor misrepresents experience and botches penis reconstruction surgery

Our client was diagnosed with cancer of the urethra and underwent a penectomy, total removal of the penis. Years later, when he was cancer free, he was referred to defendant doctor for a total penile reconstruction. Defendant misrepresented that he had performed the procedure many times in the past. The procedure defendant performed, a rectus abdominus pedicle flap, was antiquated and had been abandoned by the medical community decades earlier. The procedure left our client with a non-functional blob of insensate flesh attached to his lower abdomen. To make matters worse, defendant inserted an "expired" prosthesis which became infected and had to be surgically removed. The case went to trial and our expert, a world-renowned surgeon, testified the state of the art for penile reconstruction was a radial forearm free flap operation, which had been used for years with excellent aesthetic and functional results. Defendant had a "no-pay" position prior to opening statements. Just before closing arguments, the case settled for $2 million, the full policy limits of defendant's insurance coverage.

Settlement $1.99m

Fall down stairs causes herniated cervical disc requiring surgery

A broken window in the stairwell of defendant's building allowed rain and snow to accumulate on the steps. Our client was going down the stairs when he slipped on a wet step, causing a herniated disc in his cervical spine which required fusion surgery. The case settled before trial for $1.9 million.

Settlement $1.95m

Hit in rear causes back, shoulder and knee injuries

Sam was working as a limousine driver when his car was struck in the rear by defendant's truck. Sam suffered herniated discs, a torn rotator cuff, and torn anterior cruciate ligament (ACL) of his right knee. Defendants argued that Sam's injuries were degenerative in nature and not caused by the accident. The case settled at mediation for $1.95 million.

Settlement $1.9m

Failure to diagnose tongue carcinoma

Our client Joan went to her physician on several occasions for pain and a sore on her tongue. Defendant doctor diagnosed it as a canker sore and did not investigate further. After a lengthy delay, Joan was diagnosed with tongue carcinoma. By the time the condition was correctly diagnosed, the cancer had metastasized to her lungs. She underwent chemotherapy and radiation but unfortunately succumbed to the cancer. The medical malpractice case settled before trial for $1.9 million.

Settlement $1.9m

Bus matron suffers herniated disc and shoulder injury

Our client Nilsa, a 55-year-old bus matron, was working when another vehicle slammed into her bus. She was knocked to the ground, injuring her neck and shoulder. Defendant argued that Nilsa had been in a prior accident where she injured her neck. The case settled at mediation for $1.9 million.

Settlement $1.75m

Motorist suffers mild traumatic brain injury

Our client, a 43-year-old limousine driver, was struck in the rear by defendant's vehicle. He suffered a mild traumatic brain injury, which caused difficulties with concentration, anxiety and often resulted in emotional outbursts. He also injured his knee, neck and wrist. Defendants hired a private investigator to follow the client's every move and exchanged videotaped surveillance showing him trying, as best he could, to get on with his life. The case settled shortly before jury selection for $1.75 million.

Settlement $1.65m

Slip and fall on snow and ice leads to wrist shoulder and neck injuries

The entrance to defendants' building was covered in snow and ice. Our client Lydia was attempting to enter the building when she slipped and fell on the ice. An independent witness confirmed that it had stopped snowing days earlier and defendants had the opportunity to clear the snow and ice, but neglected to do so. Lydia injured the triangular fibro-cartilage complex of her left wrist, tore her left rotator cuff and herniated discs in her cervical spine. The case settled after jury selection for $1.65 million.

Settlement $1.57m

Worker falls through dropped ceiling injuring ankle

Our client was at work running a phone line in a crawl space when he fell off a plank through a dropped ceiling to the ground below. The client fractured his ankle in three different places. The Court denied our Labor Law 240 and 241(6) claims but allowed the case to proceed on a common law negligence theory. The case settled before trial for $1.575 million.

Settlement $1.57m

NYPD cruiser runs a red light causing motor vehicle collision

Elena was sitting in the backseat of her son’s vehicle when an NYPD cruiser without lights and sirens ran a red light and struck the son's vehicle. She suffered significant neck injuries and needed cervical fusion surgery. The defendant police officer argued that she was permitted by law to run the red light because she was responding to a police call. However, we were able to able to show that the police officer was not responding to a call as she claimed, and was therefore required to obey the traffic laws just like an ordinary motorist. The case settled before trial for $1.575 million.

Settlement $1.5m

Motorist impaled by abandoned train rail in the roadway

Our client Jonathan was driving his vehicle in the vicinity of the Brooklyn Army Terminal where there are abandoned train tracks embedded in the cobblestone streets. A section of the rail was broken. As Jonathan drove in the area, the broken rail raised up, pierced the floorboard of his car and impaled his leg. The City, State and the nearby railyard all denied ownership or control of the rail. The case settled before trial for $1.5 million.

Settlement $1.5m

Passenger suffers spinal injury in multi-car crash

Our client Johnny was driving home from his construction job when he was involved in a four-car pile-up caused by a sanitation truck. He suffered a herniated disc in his cervical spine which required fusion surgery. Before trial, defendant made a low offer to settle, citing Johnny's prior, unrelated, criminal record. The case went to trial and settled after jury selection for $1.5 million.

Settlement $1.5m

Mild traumatic brain injury caused by falling merchandise at a home improvement store.

Our client Earlene was struck in the head by a falling piece of countertop while standing in the return line at a nationwide home improvement store. The countertop was leaning against the wall, unsecured, in violation of store safety protocols and tipped over and struck Earlene. Several store employees were in the area and had the opportunity to properly secure the countertop but failed to take action. Earlene suffered a mild traumatic brain injury impairing her cognition and preventing her from continuing her work as a registered nurse practitioner. The case settled before trial for $1.5 million.

Settlement $1.5m

Low speed impact results in spinal injuries

Our client Ekaterini was in stop and go traffic when her car was struck in the rear. Defendant admitted the accident was his fault but argued the impact was not severe enough to cause injury and photographs revealed only minimal damage to the rear of our client's bumper. We hired an accident reconstructionist who testified that when he removed the bumper, there was substantial damage to the frame of the vehicle and therefore the impact was far more severe than the photographs revealed. The case went to trial and settled for $1.5 million as the Nassau County jury was deliberating.

Settlement $1.5m

Passenger on Transit Authority bus injures spine

Our client, an employee of the Department of Homeland Security, was a passenger on a Transit Authority bus that struck a sand barrel and concrete divider. The force of the impact threw the client off her seat, causing her to suffer neck and back injuries. Defendant bus operator claimed she was traveling only 5 mph when she was cut off by a phantom vehicle and forced off the road. We subpoenaed a responding police officer who testified based on skid marks that the bus skidded 33 feet before striking the barrel. We also subpoenaed several passengers who testified the bus operator had been driving erratically for several miles prior to the accident and a Transit supervisor admitted it was an "avoidable accident." The case settled before trial for $1.5 million.

Settlement $1.5m

Man injured while riding escalator at subway station

Our client Hector was taking the down escalator at an uptown subway station when he was struck by a metal plate and knocked down, injuring his back. Our investigation revealed that earlier that day Transit Authority workers doing maintenance had to remove large steel plates that line the interior portion of the escalator. Upon completion of the work, they failed to properly secure the plate. The case settled before trial for $1.5 million.

Settlement $1.4m

Motorcyclist suffers severe spinal injury

Michael, a 24-year-old Nassau County man, was riding his motorcycle when he was clipped by defendant's car. Although witnesses stated that Michael was speeding and therefore was responsible for the accident, our investigation revealed that defendant should have been able to see and avoid Michael regardless of his speed and therefore bore some responsibility for the accident. The case settled before trial for $1.4 million.

Settlement $1.35m

Worker falls from ladder and injured his knees, back and neck

David, a worker for an ironworks company, was tasked with removing the metal housing for an overhead rolling garage door at a warehouse in the Bronx. His supervisor provided him with a 25-foot extension ladder to access the housing but did not provide any fall prevention safety equipment. The garage door was not placed into the “lock” position before David ascended the ladder and it suddenly rolled up knocking his ladder from the wall and causing David to plummet 20 feet to the ground. He suffered injuries to both knees requiring arthroscopic surgeries and to his neck and back necessitating epidural steroid injections. The case settled before trial for $1.35 million.

Settlement $1.3m

Sanitation worker suffered herniated disc from automobile accident

Our client, a 37-year-old sanitation worker, was driving straight on Alabama Avenue in Brooklyn when defendant blew through a red light striking the client's car, causing a herniated disc at L5-S1 requiring surgery. Defendants argued that the client had five prior work-related accidents and offered $100,000.00 to settle before trial, which we rejected. The case settled for $1.3 million after our cross-examination of defendant's doctors.

Settlement $1.3

Woman attacked due to inadequate security at motel

Our client was a guest at a motel in Nassau County. Security cameras revealed that two men had been posing as motel employees trying to gain access to rooms throughout the evening. The men knocked on our client's door offering fresh towels, when she opened the door she was attacked. Our Firm sued the Motel for inadequate security.

Settlement $1.3m

Woman suffers neck and back injuries in auto accident

Mary was stopped at a stop sign when defendant backed out of his driveway striking her vehicle. She was a hard-working woman who held down three jobs, two as an emergency technician and one taking care of a young man with cerebral palsy. She suffered herniated discs in her neck and back requiring multiple surgeries and although she tried to return to work, the pain became too much and she was forced to stop. The case settled for the insurance policy limits, $1.3 million.

Settlement $1.25m

Botched plastic surgery results in compartment syndrome

Lenore was unhappy with the appearance of her calves - - she felt they were too thin. Defendant plastic surgeon offered to perform calf augmentation surgery. During the procedure, fat was removed from her abdomen and injected into her calves. However, the doctor injected too much fat beneath the fascia of her skin, causing her to develop a compartment syndrome, in which the increased pressure began to destroy the nerves in her calves. Although she repeatedly called defendant complaining of severe pain and numbness, by the time he recognized the compartment syndrome it was too late, her nerves were permanently damaged and she has a permanent limp. The case settled before trial for $1.25 million.

Settlement $1.25m

Failure to diagnose stab wounds leads to wrongful death

Yankel, a 29-year-old Hasidic scholar, was stabbed multiple times during the 1991 racial disturbances in Crown Heights. He was taken by ambulance to Kings County Hospital where residents treated the stab wounds to his right lung but missed a stab wound that punctured his left lung. His condition deteriorated rapidly, but defendants did nothing, causing Yankel to bleed to death. The case settled before trial for $1.25 million. As part of the settlement, the New York City Health and Hospitals Corporation was forced to issue the following statement, "Kings County Hospital recognizes that diagnostic errors made during the emergency room care provided to Yankel in the hours after his stabbing played a role in his death. Recognition of these errors played an important part in significant reforms that have enhanced and improved patient care at the hospital over the ensuing years."

Settlement $1.15m

Passenger injures back when motorist loses control of vehicle

Our client Erika was a rear-seat passenger in defendant's car. Defendant was driving well above the speed limit and lost control of his vehicle and crashed into a barrier causing Erika to fracture a vertebra. The case settled before trial for $1.15 million.

Settlement $1.1m

Slip and fall at fitness center results in broken leg

Pina was walking to the locker room at a nationwide fitness center when she slipped and fell on a wet ramp. She fractured her tibia requiring open reduction internal fixation and also suffered a torn meniscus requiring surgery. Defendant's employee testified he had just finished mopping the ramp but admitted that he failed to put down any mats and there were no caution signs facing the direction Pina was walking. The case settled before trial for $1.1 million.

Settlement $1.05m

Hit in rear causes fractured femur

Jenny's car was struck in the rear by multiple vehicles causing a fractured femur. The case settled before trial for $1.05 million.

Settlement $1m

Man entering parked car is hit by passing motorist

Serwyn had just left church, opened his car door and was about to sit down when defendant drove by and struck his car. The impact knocked Serwyn down and caused him to suffer back and knee injuries. The case settled during trial for $1 million.

Settlement $1m

Roof collapse causes mason to fall

Our client, a 48-year-old mason, was laying concrete on the roof of a bulkhead when the roof gave way, causing him to fall to the landing below. The fall caused two herniated discs in his lower back. Defendants medical experts opined that the client's discs were degenerative in nature and not caused by the accident. The case settled before trial for $1 million.

Settlement $1m

Motorist suffers wrist, shoulder and back injuries

Our client was driving straight when defendant made a left turn across a double yellow line into his vehicle. As a result of the accident, the client suffered a tear of the triangular fibrocartilage and scapholunate ligaments of his left wrist, a torn glenoid labrum of the left shoulder, and a herniated disc in his lumbar spine. The case settled before trial for $1 million.

Settlement $1m

Girl crossing street struck by school bus

Nina was 15 years old when she was hit by a bus making a right turn. The bus driver claimed that he was not at fault because Nina walked into the side of his bus. Nina's treating orthopedic surgeon testified that her fractured pelvis was consistent with a high speed frontal impact and could not have been caused by walking into the bus. The case settled for $1 million.