RESULTS THAT IMPRESS

VERDICT: 15 MILLION DOLLARS

Jose Vigo v. New York Hospital and Richard Fraser; New York Supreme Court

JUDGE: Donna M. Mills

ATTORNEYS: DANIEL C. MINC, of the Law Firm of Rosenberg, Minc, Falkoff and Wolff, LLP., for the plaintiff. George Van Setter, Martin, Clearwater & Bell, for Defense.

FACTS: Jose Vigo, a 49-year-old man on disability because of epilepsy, underwent neuro- surgery for the removal of a benign temporal lobe tumor of moderate size. During surgery, Mr. Vigo suffered a stroke because of obstruction of the anterior choroidal artery that runs near the temporal lobe. The obstruction of the blood supply damaged extensive areas of the brain, leaving paralysis of the left arm and leg and visual impairment.

Mr. Vigo claimed that Dr. Fraser negligently cauterized the artery while removing the tumor from the temporal lobe. The defense contended that only a minor branch of the artery was cauterized, which caused a clot formation to ultimately obstruct the main artery. The defense further contended that this was always an accepted risk in this type of surgery. The jury found that Dr. Fraser deviated from accepted practice by injuring the artery rather than a branch of it and that such an action was not an accepted risk of the procedure.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Manhattan Neurological Brain Injury

Daniel Minc, Trial Attorney

Mr. Vigo, a 62-year-old male was suffering from a benign brain tumor and was scheduled for surgical removal. During the brain operation to remove the tumor the jury found that the surgeon negligent injured major blood vessels causing semi paralysis.

Contact

If you think that either you or even a family member may have been a victim of personal injury, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Injured Infant Brain Damage

An infant $10,500,000. settlement in 2020.

This is an action where the plaintiff, an infant 54 days old, was admitted on 3/28/15 to a New York Hospital with an admitting diagnosis of mild respiratory distress (RSV virus).

Although the infant was being treated for a respiratory virus he was completely neurologically intact with no neurologic deficits.

It is the plaintiff’s contention that the traumatic insertion of the NG tube caused an insult to the infant’s lung and immediately started a cascade of improper diagnoses and treatment.

All the physicians in the room for 32 minutes of cardiac arrest were trained to do this procedure of insertion of a chest tube. It is the only treatment to relieve a tension pneumothorax (a build-up of air in the chest), which was preventing the heart from expanding and beating and exhaling carbon dioxide. The team of treating physicians persisted and continued forcing air into the lungs for more than 32 minutes but no air was returning or exhaling. This is known as -no end title.

The UNTREATED tension pneumothorax was the condition the patient was actually suffering from during the 40 minutes that there were six attempts to intubate the patient by 4 different doctors. Each attempt was met with no return of air (CO2), each attempt was confirmed by direct laryngoscope to be in the proper position, yet there was a bewildering persistence with that plan and failure to recognize this was obviously a tension pneumothorax.

The continued misdiagnosis of bronchospasm led to 6 attempts to intubate the patient and more than 30 minutes of cardiac arrest and resuscitation before surgeon Dr. CK arrived on the scene and immediately diagnosed the true condition of the patient just by looking at him, and then provided a simple available treatment within a minute that corrected and restored the infant’s cardiac function. Unfortunately by that time the patient had suffered irreversible catastrophic neurological brain damage.

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$9 Million – Brain Injured Baby Settlement

Settlement by Daniel Minc for a brain-injured baby that was going through a routine biopsy but was not carefully monitored in the recovery room. The bleeding never stopped, something so simple, but it allowed so much blood to drain that the baby lost oxygen and blood flow to her little brain. From a one million offer to a 9 million settlement. So proud of our hard work for this beautiful little girl.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Recovery: $7,750,000

FACTS: Our client, a 5 year-old patient receives almost $8 million in compensation from an NYC hospital in a claim won by Rosenberg, Minc, Falkoff & Wolf. Daniel Minc, representing the injured child with his team of legal and medical experts said “it was great day for the family”.

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused Neurological damage.

Regarding the claim, Mr. Minc stated “It’s such a tragedy when child goes in the hospital for a simple procedure and suffers permanent damage due to a lack of care. I was honored to represent the family in their battle for fair and just compensation”.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

A settlement for an injured construction worker that fell off a scaffold. He was spraying insulation with a machine, a hose and pump while standing on a scaffold when the hose pulled him off the scaffold because it had no safety rails. What a wonderful family. The insurance company tried to blame him but we fought all the way to the BANK! When you are our client, you are like a family.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

DeFilippo V. City of New York

Settlement of $7,250,000

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Daniel Minc, Trial attorney.

Bus accident

Tremendous victory for Cabrerra, who was a passenger injured in a vehicle that collided with an MTA bus in the Bronx. We took this case from a $90,000 Transit offer of settlement (rejected) to a $5,500,000 award victory for the passenger. That’s the level of work we provide.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

By Hal Davis

A Korean woman struck blind by a medical blunder won one the largest damage settlement in the state’s history yesterday for $5.5 million.

Susie Kim, 45, of York Avenue, Manhattan, settled out of court with New York hospital, six years after losing her sight from a misdiagnosed form of glaucoma.

Her lawyers Rosenberg & Horowitz., told the Supreme Court that Ms. Cannon, a former $500 a week chemical analyst at the hospital on E. 68th St., complained to doctors of pain and nausea.

She was sent home as a flu victim, but actually had acute angle closure glaucoma-a form of the disease acknowledged as curable if diagnosed early.

Since losing her sight, Miss Kim has been living on savings and a small pension.

The settlement came after a three-day trial in which the hospital admitted liability. Miss Campbell received $20,000 a year for life, $900,000 in a lump sum and one million in stages over 20 years.

She’s guaranteed $4.4 million in a normal life expectancy would net $5.5 million which is believed to be almost 3 times more than the previous record awarded for damages.

Ms. Kim’s father was a South Korean senior official who was kidnapped and murdered by the North Koreans in 1952. She has lived in the US showed she was a teenager.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

MEDICAL MALPRACTICE CHILDBIRTH SHOULDER DYSTOCIA

$5,593,875

SETTLEMENT: Noelia Millan, indiv. An as m/n/g of Elvin Picardo v. Pillarisetty Raga, Bronx Supreme

Pltf. Atty: Peter D. Rosenberg of Rosenberg, Minc & Armstrong, Manhattan

Deft. Atty: Louise A. Derevlany of Haidell, Pittton, Murphy & Bach, P.C. Manhattan.

This action settled for $5,593,875 for the infant plaintiff. During the birth to developed shoulder dystocia wherein his shoulder would not pass through the vaginal canal, becoming impacted on the pelvic bone. Plaintiff claimed that the proper techniques were not employed to dislodge the shoulder. Plaintiff claimed that had they been used, it would have avoided excessive traction or pulling to free the shoulder. Plaintiffs claim that the infant suffered moderate damage to his left arm resulting in an inability to fully use it.

Defendant denied the use of any excessive traction or pulling of the arm. Defendant also contended that there was only a mild residual functional loss of use of the left arm.

Plaintiffs experts: Dr. Bruce Roseman, pediatric neurologist, White Plains

defendants expert: Dr. Sandra Forem, pediatric neurologist, Manhattan.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Emelinda Tavares, an infant, and Jose Tavares, her father, v. Montefiore Hospital

Judge: Stanley V. Green.

Attorneys: Daniel C. Minc of Rosenberg, Minc, Falkoff & Wolff, LLP, LLC. for Emelinda and Jose Tavares.

Alan B. Friedberg of Bartlett, McDonough, Bastone & Monaghan L.L.P., White Plains, for Montefiore Hospital.

Emelinda Tavares, than nine years old, arrived at Montefiore hospital with an obstruction in the pulmonary heart. An attempt was made to dilate through balloon angioplasty, but when Emelinda Tavares awoke she had lost use of her right arm and right leg and was suffering from some speech deficits. A CAT scan revealed that she had suffered an embolism during the procedure, leading to a stroke which affected the right side of her body.

Plaintiffs claim that the hospital’s failure to use Heparin, a blood thinner, during the angioplasty, causing a blood clot to form, which then migrated to the brain and caused a stroke. According to the plaintiff, defendant argued that it had upheld a reasonable standard of care and that it was an excepted practice not to use Heparin in such procedure.

Injuries to the hand that caused Tavares to have almost no use of a right arm, but walks, independently, and has regained speech.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

CONSTRUCTION BURN VICTIM WINS $5.4 MILLION

A 32 year-old recent immigrant will recover $5.45 million in a settlement of a lawsuit stemming from an industrial accident in which he was burned over more than half his body.

Daniel C. Minc, the attorney for the plaintiff, Yew Fatt Wong, said that the settlement was reached last Thursday during jury selection before Bronx State Supreme Court Justice Bertram Katz.

Mr. Wong was injured when adhesive glue vapors, which had collected in the non ventilated basement where he was working, suddenly ignited. He sued the buildings owner Lordae Management Corp., for failing to properly ventilate the area as required by the State Labor Law. The property owners subsequently brought a third-party action against Mr. Wong’s employer, New Arts City. Rosenberg, Minc & Armstrong, said New York City Art will contribute to approximately 90% of the settlement award.

New City Art was represented by Armienti, Brooks, Lubowitz, DeBellis & Dunphy; the property owners by Pitino and Associates of White Plains

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

A New York County jury has awarded 5 million to a 73 year-old man who lost vision in an eye as the result of an infection caused by unsterile conditions while undergoing retinal surgery nearly 9 years ago. The jury made the award Tuesday to Michael Weres following an eight-day trial before State Supreme Court Justice Arthur E., in Brooklyn against the East 91st hospital, of which Dr. Raymond Castroviejo, the surgeon, was the proprietor. The malpractice left the plaintiff totally blind since he had lost vision in his other eye because of an unrelated almond. Castroviejo had previously settled for $600,000. The plaintiff was represented by Rosenberg & Horowitz, the hospital, by David Skolnick of Gorden and Silber.

VERDICT: 5.1 MILLION DOLLARS

MOTORCYCLE ACCIDENT

Jose Carberra V Elidio Gonzalez and MTA and George Thomas, bus driver.

JUDGE: J Faviolo Soto

ATTORNEYS: DANIEL C. MINC, of the Law Firm of Rosenberg, Minc, Falkoff and Wolff, LLP., for the plaintiff. Tanisha Byron Esq. TA

Verdict Grants Carberra $5.1 million, TA Slapped 30 percent responsibility: Overrules TA’s paltry offer of $25,000

In a fair verdict on the plea of a badly injured plaintiff, the jury has held out a fair compensation that is 20 times more than what the defendant offered to the injured plaintiff in a motor accident case.

The plaintiff in question, Jose Carberra, has been awarded a verdict $5.1 million toward medical expenses, considering the enormous disability he was subjected to.

It was a bizarre case of rash driving indulged by a bus driver whose action perpetually incapacitated the motorcycle rider.

According to plaintiff Carberra, he was a passenger riding on a motorcycle on May 31st, 2013, at 4 pm in the right lane on Westchester Avenue heading South between 156th Street and Forest Avenue in the Bronx.

According to the plaintiff’s submission, the motorcycle was at a modest speed. After finding a double-parked vehicle in the middle of the block that was obstructing the lane view, the motorcycle driver tried to merge into the middle lane to overcome the block. The merging lane was in the same direction and had elevated subway tracks as well.

Cabrera added during the time the motorcycle was merging with the middle lane traffic, he noticed a bus that was three car lengths behind them in the middle lane. While they were merging into the lane ahead of the bus, the bus was behind them.

Presuming that the bus was at a high speed, it soon caught up with the motorcycle and hit the plaintiff with the front passenger side wheel. The impact pushed the motorcycle to the right direction of the middle lane and it hit a column of the elevated subway tracks.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

NEW YORK COUNTY – SUPREME COURT

MEDICAL MALPRACTICE – CHILDBIRTH – FAILURE TO PERFORM C-SECTION – BRAIN DAMAGE

Jacqueline Salazar, inf. By m/n/g Nellie Lopez v. New York Hospital 3-week trial verdict. Judge Helen E. Freedman, new York Supreme

$4,500,000 for Jacqueline ask. Breakdown: $260,000 for pain and suffering; $840,000 for future pain and suffering; $2,300,000 for custodial care for life; $600,000 for future laws to earnings; $500,000 for loss of services for a Nellie L. Majority: three male, three female.

Peter D. Rosenberg of Rosenberg, Minc, Bryer & Armstrong, Manhattan

Jay W. Levy of Martin, Clearwater & Bell, Manhattan

Plaintiff was born by cesarean section at defendant hospital. Plaintiffs a mother was a 36 year-old office worker. Plaintiffs claim that despite fetal distress, the defendant failed to timely performance is cheering section. Once this Assyrian was performed, plaintiff required resuscitation, was depressed, and spent 10 weeks in the neonatal unit. Plaintiff now suffers from cerebral palsy and mental retardation. She has little control over her body. A resident who was present at the time testified that the mother would not consent to the caesarean. Defendant contended that plaintiff’s injuries were not related to asphyxia, and that no injury had taken place during delivery. Defendant alleged that the cause of plaintiff’s problems is eight Mal developed brain which occurred during fetal growth. Plaintiffs experts: Dr. Joseph J. Smith, OB/GYN, Bronx; Dr. Larry Schneck, pediatric neurologist, Brooklyn; Dr. Alla Fleischman, neonatologist, Bronx; Marsha Riggins, rehabilitative nurse; Dr. Conrad Berenson, economist, Woodbury. Defendant Experts: Dr. Karlis Adamsons, OB/GYN, Manhattan; Dr. Richard Reuben, Pediatric neurologist, Manhattan; Dr. Morris Ehrenreich, rehabilitative medicine, Manhattan; Dr. Thomas Fitzgerald, economist, Mt. Vernon.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

NEW YORK COUNTY – SUPREME COURT

MEDICAL MALPRACTICE – CHILDBIRTH – FAILURE TO PERFORM C-SECTION – BRAIN DAMAGE

Jacqueline Salazar, inf. By m/n/g Nellie Lopez v. New York Hospital 3-week trial verdict. Judge Helen E. Freedman, new York Supreme

$4,500,000 for Jacqueline ask. Breakdown: $260,000 for pain and suffering; $840,000 for future pain and suffering; $2,300,000 for custodial care for life; $600,000 for future laws to earnings; $500,000 for loss of services for a Nellie L. Majority: three male, three female.

Peter D. Rosenberg of Rosenberg, Minc, Bryer & Armstrong, Manhattan
Jay W. Levy of Martin, Clearwater & Bell, Manhattan

Plaintiff was born by cesarean section at defendant hospital. Plaintiffs a mother was a 36 year-old office worker. Plaintiffs claim that despite fetal distress, the defendant failed to timely performance is cheering section. Once the cesarean was performed, plaintiff required resuscitation, was depressed, and spent 10 weeks in the neonatal unit. Plaintiff now suffers from cerebral palsy and mental retardation. She has little control over her body. A resident who was present at the time testified that the mother would not consent to the caesarean. Defendant contended that plaintiff’s injuries were not related to asphyxia, and that no injury had taken place during delivery. Defendant alleged that the cause of plaintiff’s problems is eight Mal developed brain which occurred during fetal growth. Plaintiffs experts: Dr. Joseph J. Smith, OB/GYN, Bronx; Dr. Larry Schneck, pediatric neurologist, Brooklyn; Dr. Alla Fleischman, neonatologist, Bronx; Marsha Riggins, rehabilitative nurse; Dr. Conrad Berenson, economist, Woodbury. Defendant Experts: Dr. Karlis Adamsons, OB/GYN, Manhattan; Dr. Richard Reuben, Pediatric neurologist, Manhattan; Dr. Morris Ehrenreich, rehabilitative medicine, Manhattan; Dr. Thomas Fitzgerald, economist, Mt. Vernon.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Medical Malpractice Settlement for a Queens woman that was developing an infection that was ignored by the hospital doctors. She did not get treated quickly enough and developed sepsis causing damage to her organs. We proved this could have been prevented.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

The client, a 48-year-old female, was in her usual state of health when she began presenting to multiple providers complaining of new-onset neurological deficits. Despite very concerning and gradually worsening evidence of likely spinal compression, she was not offered the indicated MRI or CT scans and was discharged from an ER without a diagnosis after being given opiate pain meds IV. Not surprisingly, her condition progressed to irreversible quadriplegia, which was determined to have resulted from prolonged cord compression secondary to an undiagnosed benign cervical mass.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Case settled for $4,000,000.00 prior to trial.

This is a case of a newborn who sustained bilirubin encephalopathy in 2004 after his delivery at a major New York Hospital. The physicians treating the infant failed to timely act on signs of jaundice for a prolonged period of time, ignored the child’s failure to respond significantly to phototherapy, and delayed in administering exchange transfusions for over 18 hours, resulting in the child suffering severe neurological impairment, cerebral palsy and deafness. As a result, the child required hearing aids and ultimately, cochlear transplants. It is believed that the treating physician was home sleeping at the time of the delay and attributed the symptoms to simple jaundice, failed to appreciate the infant’s serious signs and symptoms, failed to timely order and ensure that exchange transfusions were administered, and failed to address this preventable and unfortunate life-changing injury. Our experts were able to delineate the acts of negligence and connect those acts to the infant’s injuries.

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A Jury has awarded $3.8 million to a 45 year-old electrician in a negligence suit against real estate developer Olympia and York.

The suit, in Supreme Court, New York County, claimed that electrician Larry Horne was injured while working on an enclosed roof at 55 Water Street, where an employee of Olympia and York was removing cinder block with a sledgehammer. According to the suit, Mr. Horne tripped on a piece of cinder block and suffered back injuries. Doctors determined that he could no longer work.

Mr. Horne won medical expenses, lost earnings and damages for pain and suffering. His wife was awarded $500,000 for loss of services. Peter Rosenberg of Rosenberg, Minc, Falkoff & Wolff, LLP, represented the plaintiff and Brian Jones of Hogan Jones and Parisi the defendant in Horne vs. O & Y Equity Corp.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

The client was a vital 65-year-old female who presented to the defendant ER and Dr with new-onset Flank pain. She was correctly diagnosed with a large Kidney stone and because of concerning lab tests was admitted for possible infected stone. Appropriate broad-spectrum antibiotics were started but the Hospital and Drs dropped the ball overnight when they failed to intervene when there was clear evidence of progression to sepsis. As a result, the patient’s condition progressed to severe septic shock requiring massive use of beta-blockers which resulted in severe Necrosis and the need for multiple amputations of bilateral fingers and toes.

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Settled pretrial 3.7 million

This infant suffered a perinatal infant stroke as a result of complete mismanagement of his mother’s labor and delivery course. This was a completely normal prenatal course for the infant’s mom, but when she presented for delivery of her child there was clear evidence of fetal distress. Our expert delineated the concerns on the strips and also was able to refute the defendants’ claims that they appropriately monitored the mom with required testing. As a result of the mismanagement, the infant suffers Hemiplegia and some intellectual deficits all secondary to the ongoing oxygen deprivation and stroke caused by the defendants’ failure to act.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Case settled for $3,400,000.00 prior to trial.

The case involves a 67-year-old female who presented to a Bronxville Hospital in 2007 after a fall and underwent MRI which revealed a T-5 fracture of undetermined age. She developed seizures from a medication administered in the hospital, underwent a further MRI which now showed a collapsed T-5 fracture. Despite her request for conservative treatment, she was rushed into surgery, absent the knowledge of the increased risk due to her specific type of fracture. During the kyphoplasty procedure, cement extravasated (leaked) into the spinal canal and ultimately ”cooked” the spinal cord, resulting in the patient‘s becoming hopelessly paraplegic. The nursing staff thereafter failed to properly assess her fall risk, resulting in a fall causing additional life-altering injury. Our medical experts were able to connect her injuries to the surgical errors, extravasation of the cement, and negligent monitoring of the nursing staff.

VERDICT SEARCH

MEDICAL MALPRACTICE

Case: Sarah Pogarsky v. Grak Solcha, M.D. and Frank Solcha, M.D., P.C.

Judge: Sheila Abdus-Salaam

PLAINTIFFS ATTORNEYS: Gary Silverstein; Rosenberg, Minc, Falkoff and Wolff; Manhattan New York, for Sarah Pogarsky

Expert: Dr. Vivien Boniuk; Ophthalmology

DEFENDANT(S)

Attorney:

James B. Rosenblum; Rosenblum & Tannenbaum; White Plaines, New York, for Frank Solcha, M.D., PC.

Expert: Dr. Wing Chu: Ophthalmology
Dr. Thomas Poole; Ophthalmology

Insurer: MLM

Injury:

On January 6, 1993, plaintiff, a 61 year-old retired schoolteacher, underwent cataract surgery performed by defendant at Manhattan Eye, Ear and Throat Hospital. Plaintiffs claim that defendant failed to properly manage an intra operative complication, Choroidal Hemorrhage, during the procedure. She claim that the doctor did not identify the bleed and should have discontinued the surgery. She further claim that during the postoperative care, rendered from January 6, 1993 to January 15, 1993 in defendant’s Manhattan office, defendant never did a postoperative sonogram of the eye to identify the Choroidal Hemorrhage, and he failed to refer her to a retina specialist, prior to January 15, 1993. Plaintiff underwent four subsequent surgeries to treat the Choroidal Hemorrhage and the detached retina that was a result of the hemorrhage. The surgeries were unsuccessful, due to plaintiff developing Proliferative Vitreal Retinopathy. Plaintiff currently has light perception in her left eye. Plaintiff’s expert testified that had the hemorrhage been diagnosed and treated promptly there would’ve been an 80% to 90% chance of retaining vision in the eye. Defendant contended that a Choroidal Hemorrhage is a known complication of the surgery and the course of treatment.

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Settlement for a Brooklyn laborer injured performing demolition work at a renovation job when he fell 13 feet from an extension ladder due to unsafe conditions on the job. The fall resulted in injuries to his shoulder, neck, and back, requiring surgeries.

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JURY AWARDS $3.1 MILLION IN MEDICAL MALPRACTICE INJURY ACTION

Eltingville woman now walks with Cane

Advanced Supreme Court Bureau

An Ellingville mother who claimed she suffered neurological damage to her legs because an orthopedic surgeon failed to diagnose a herniated disc was awarded $3.1 million dollars in damages by a Brooklyn Supreme Court.

The jury deliberated for two days before arriving at a verdict to end the week-long trial.

Justice Jules L. Spodek gave the attorney for the defendant, Dr. Urs of Concord, 15 days to file motions to set aside the verdict and award in the medical malpractice case.

The plaintiff Patricia Calise, 38, requires a cane to walk.

According to her lawyer Daniel C. Minc of Manhattan, the jury found that Dr. Urs was guilty of malpractice in failing to provide prompt, appropriate care, in addition to failing to diagnose the condition.

As a result of Mrs. Calise was not operated on until 11 months after she suffered a back injury. Another surgeon had made the diagnosis. The surgery at the time was unsuccessful, and she subsequently had to undergo two additional surgical procedures.

Dr. Urs, represented by Jeffrey Cohen, maintained he had followed standard medical procedures in treating Mrs. Calise.

Mrs. Calise was 27 years of age when she sustained the injury on July 19, 1981 in Brooklyn.

She was seated in a parked car, waiting for a husband to return from purchasing a newspaper at a newsstand when a thief jumped into the car and started to drive off with her in the vehicle. She fled from the car to escape. Minc said the thief was never arrested. Prior to the trial, another defendant, St. Vincent’s Medical Center, settled the complaint against the $20,000.

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ORTHOPEDICS VERDICT

Woman claims herniated disc not diagnosed for eight months – multiple surgeries required – $20,000 settlement with hospital – New York. Jury returns $3.1 million verdict. The Plaintiff, Age 27, Was Abducted and Forced to Jump Out Of a Moving Automobile. She Sustained a Compression Fracture of the Third Lumbar Vertebrae, and was taken to an area hospital. Before a Diagnosis was made, She was eventually admitted to a Hospital under the Care of the Defendant Orthopedic Surgeon, Dr. Krishnen Urs. The plaintiff claimed that the defendant failed to treat Herniated Disc at L4 – 5 for eight months, which aggravated the condition. The plaintiff subsequently underwent three surgeries and further surgery is anticipated in the future. The hospital settled prior to trial for $20,000, a jury returned a $3.1 million verdict against the defendant. Patricia and William Calise v. Krishnen Urs, Kings County, New York, Supreme Court Daniel C. Minc of Rosenberg, Minc, et al., New York, New York for the plaintiffs. Jeffrey J. Cohen of Amabile & Erman, Brooklyn, New York for the Defendant.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

HOT WATER BURN VICTIM AWARDED $3 MILLION DOLLARS

PREMISES LIABILITY

Taisha Casper, as administratrix of the goods, and credits which were of Mary Casper deceased.
Edward Casper v. Rochdale Village Inc.

Queens Supreme

JUSTICE: Martin J. Schulman

Plaintiff Attorney: Daniel C. Minc, of Rosenberg, Minc, Falkoff & Wolff, New York.

Defense Attorney: Robert L. Bernstein, Jr. Of Baker Greens-span & Bernstein, Merrick.

FACTS AND ALLEGATIONS:

On July 6, 2003, Mary Casper, 69, a homemaker, died after she sustained burns of 30% of her body. Ms. Casper was attempting to activate the shower head of her apartment, in the Rochdale Village Apartment Complex, in the Jamaica section of Queens, when the showers hot water handle and valve stem broke off, causing hot water to shoot out from the pipe and knock her to the floor.

Ms. Casper’s adult daughter, Taisha Casper, sued the apartment complex’s manager and owner, Rochdale Village, Inc. The estate alleged that the defendant was negligent in its repair of the shower’s hot water handle. Evidence indicated that Rochdale Village had performed a repair of the showers hot water handle and valve stem more than 18 months before the accident. The estate’s counsel claim that the repair was improperly performed, allowing the stem to loosen and eventually break.

Rochdale Village contended that it properly repaired the shower handle and that the accident was caused by a new defect that had not been detected before the accident.

The parties agreed to a 3 Million Dollar pretrial settlement.

INJURIES/DAMAGES:

Ms. Casper was conscious, during the 2 ½ days that followed the accident, until a coma was medically induced. Her hospitalization and her unresponsiveness lasted an additional 57 days, until her death. She was survived by her husband and three adult children.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Settled without trial $3,000,000.00.

The infant suffered severe and worsening fetal distress with perinatal depression, hypoxia, and resultant asphyxia. The mother of the infant was admitted at 38 5/7 weeks gestation and presented with Oligohydramnios which predisposed this patient to possible cord compression and hypoxia during labor. The mother had a significant prenatal history of ongoing gestational diabetes. It was claimed that repeated concerning abnormalities on the fetal monitoring strips were ignored until finally the heart rate was very low and showed almost no variability with contractions. We contended that these non-reassuring tracings were indicative of ongoing fetal distress and that the attending should have responded to his call in a timely fashion and delivered by earlier C-Section. We also retained a Pediatric neurologist who discussed the post-delivery pathology which clearly substantiated our claim of prolonged fetal distress and the manner that this directly caused severe developmental delays including both motor and intellectual deficits.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Settlement for a carpenter injured at Hudson Yards, Manhattan, who fell from a scaffold that tipped. As a result of the fall from the scaffold, he sustained injuries to his low back that resulted in multiple back surgeries.

Call us at 212-LAWYERS or 646-480-0830 or fill out this online contact form to schedule your free consultation with us.

Case settled for $2,600,000.00 prior to trial.

The client, a 50-year-old female developed abdominal pain and left flank pain in July 2014, presented to the hospital, was found to have a kidney stone or mass, and was brought into the OR for nephrectomy. Post-operatively, she was assured all went well but before discharge, developed significant vomiting. A CT scan demonstrated extensive clots thought to be from a severe injury at the surgical site which had occurred intraoperatively, which our experts found to be due to a complete misidentification of the vascular structures. She subsequently required hemodialysis and underwent an exploratory surgery wherein they found liver necrosis. She was considered a potential organ transplant candidate but unfortunately, no organ was available at that time, her condition deteriorated, she was no longer a candidate for transplant and expired as a result of the surgical error. Our experts opined that the nephrectomy was not only unnecessary but resulted in a complete transection of the surrounding structures and her premature death.

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Settled before trial in federal Court 2.5 million.

The infant was born on March 29, 2004. She was a normal healthy toddler when she began to experience unexplained fever spikes associated with presumed Upper respiratory infection and then Urinary Tract infection. The parents ultimately took the child to Hospital ER with complaints of 105-degree fever. She was hospitalized for twelve (12) days but the hospital failed to make an accurate diagnosis and she was transferred to another hospital where a spinal tap identified bacterial meningitis. Neither of these defendants identified the true cause of the child’s condition which was TB. Neither defendant performed a PPD test neither defendant took a complete

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VERDICT: 2.5 MILLION DOLLARS

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Case settled for $2,400,000.00 prior to trial.

The case involves a 39-year-old male who presented to the hospital with complaints of tightness in his upper back and stomach discomfort. Although his labs & blood work was abnormal, he was diagnosed with Gastritis. He was released, returned 1 week later, and simply referred for a GI consult. Prior to scheduling his appointment, he became increasingly ill, presented to the ER, and advised them of a 15 lb weight loss, night sweats for 2 months, fever, bloating, and abdominal pain. He was admitted to rule out pancreatic cancer. A CT scan revealed skeletal metastasis to the thoracic spine at L 5; however, due to a delay in aggressive work up, he was only diagnosed with metastatic lymphoma some 25 days later when he had already developed bilateral lower extremity weakness, paralysis and difficulty urinating. An MRI of the spinal cord now revealed a cervical & thoracic mass, spinal adenopathy with cord compression. The neurosurgeon determined that his disease was now too extensive to treat surgically and he was transferred to a different hospital. Therein he underwent bone marrow biopsy, chemotherapy, and an attempted thoracic laminectomy with excision of the tumor complicated by hemorrhage. He was diagnosed with T Cell lymphoma, underwent steroid treatments and further surgery. He suffered a protracted recovery with wound dehiscence, the formation of bedsores, required chemotherapy, and ultimately acute rehab due to paraplegia. Our medical experts opined that timely surgery upon first manifestation of lower leg weakness could have spared him from progressive cord compression, paralysis and further spread of disease.

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$2.3 Million – Birth Injury Brain Damage

View Full Result

Case settled for $ 2,100,000.00 prior to trial

The case involves improper neonatal care following the birth of our client, the product of male twin pregnancy with the unfortunate intrauterine demise of his twin brother. The infant was delivered via cesarean section due to breech presentation and respiratory distress at 31 weeks gestational age. He was transferred to the neonatal nursery for prematurity, was noted to be jaundiced, and placed under bili lights. On day 3 of birth, his bilirubin elevated to a level of 14.4, which is grossly abnormal even for a full term, normal birth weight infant. Our expert opined that the defendants failed to administer sufficient phototherapy, perform daily testing of bilirubin levels and timely administer necessary exchange transfusions despite alarming bilirubin levels, thus allowing the infant’s bilirubin to exceed 31. After her discharge, the mother received a 4 am phone call, advising her that her child needed an immediate exchange transfusion to avoid brain damage as his bilirubin level was critical. Unfortunately, the damage was done and the infant suffered auditory neuropathy leaving him profoundly deaf. He has since required hearing aids and underwent a cochlear implant. The defendants argued an inherited condition known as G6PD contributed to his injuries and hearing loss. We successfully contended that the hospital was negligent by their failure to timely provide the necessary monitoring and therapies and that the infant’s permanent brain damage, hearing loss, delayed speech, need for special schooling for the deaf, developmental delays and compromised quality of life were severely impacted by their neglect.

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Settled 2.1 million before trial

The client was a successful Corporate Attorney and Partner at his firm when he presented to the defendant physicians with new-onset Left-sided leg and arm weakness. Our expert opined that the client showed clear signs of an evolving Watershed Stroke which likely occurred after the client had a change in dose of his Blood pressure meds. All of the client’s physicians missed numerous windows of opportunity to identify a carotid occlusion and alleviate the same and thus caused the client to suffer a major hemispheric stroke with permanent confinement to a wheelchair.

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Settled 2.1 million mid-case prior to depositions

This client was a 49-year-old African American Corporate Vice President who presented to the Defendants for elective disc surgery. His only complaint was lumbar pain. During the procedure, the surgeon inadvertently injured the dura and then performed an inadequate repair of the leak. Our expert identified the intraoperative departures which directly caused the client to suffer irreversible trauma to the L4-5 and L5-s1 nerve roots. The client remained a Paraplegic as a result of his injuries.

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A State Supreme Court Jury in Queens has awarded $2.1 million to a bridge painter who fell off the scaffold he was working on the Whitestone Expressway.

The plaintiff, Leonel Bexiga, sustained a severe fracture and two herniated disks in the accident and liability was apportioned against the third-party defendant, R. J. Romano Co.

Mr. Bexiga was represented by Peter D. Rosenberg of Rosenberg, Minc, Falkoff & Wolff, LLP. R. J. Romano Company was represented by John Morris of Fiedelman & Hefling. Daniel Hanson of Ahmuty, Demers & McManus represented the DeFoe Corp.

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Case was settled prior to trial for $2,000,000.00.

This is a case of a 20-year-old student who presented to the hospital with a 2-week history of headaches, underwent a CT scan, and was diagnosed with sinusitis. MRI was recommended but not performed. As his lab results were abnormal prior to release, a second CT scan was done which was abnormal and revealed a mass in the sinus and an abnormal density in his frontal lobes. A diagnosis of encephalitis or abscess was entertained and MRI recommended, but no further studies were performed and he was released on Antibiotics. The following day he developed bilateral weakness, difficulty ambulating, returned to the hospital wherein a CT scan now noted severe frontal lobe edema with intracranial extension, cerebritis, and abscess. He underwent immediate neurosurgery consult and emergent craniotomy, required prolonged intubation, IV antibiotics, suffered actinobacteria bacteremia, mental status changes, slurred speech, and right hemiplegia. Further CT scan revealed the infection had spread to the entire cerebral hemisphere, the brain protruding through the craniotomy. His severe brain injury required long-term rehabilitation, additional surgery, placement of a brain plate, and the use of a helmet. Our experts connected his permanent neurological and life-altering injuries to the defendant hospital’s failure to timely perform MRI, diagnose brain abscess, admit and administer IV Antibiotics and perform the immediate surgical intervention, which could have avoided all of the severe and devastating permanent injuries to this young man.

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A baby born at a local hospital on Staten Island suffered neurological damage.

The settlement also provided the child with free medical coverage for life.

The mom, while pregnant, went to the local hospital for a biophysical profile. The resident who conducted the exam alleged that she told the attending doctor of troubling findings on the fetal heart strips. The attending told the resident to wrongfully discharge the patient. The attending denied that he was told of non-reassuring findings. He claimed that he was told that the strips were all good. When the mom went back to the hospital in active labor, the strips showed category 3 fetal heart tracings indicative of hypoxic risk to the fetus. Despite these findings at admission to the labor and delivery department, the baby boy was delivered by a delayed C-section. It was claimed that prolonged fetal distress caused motor and language delay, all of which are permanent conditions.

Contact

If you think that either you or even a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

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Case: Viola Mullens v. Emilio Gozz.

Judge: Supreme Bronx, Judge Jerry Crispino

Length of Trial: 7 Days

Plaintiff’s Attorneys: Peter Rosenberg of Rosenberg, Minc, Falkoff and Wolff; Manhattan New York, for Viola Mullens.

Defendant’s Attorneys: Neil Kornfeld, Esq. for Wilson, Elser, Moskowitz, Edelman & Dicker.

Breakdown of Award: $1,000,000.00 pain and suffering and lost wagers and $1,000,000.00 for future pain and suffering.

Liability Percentages:

• 50 percent Dr. Emilio Goez, Podiatrist
• 5 percent St. Barnabas (plaintiff had voluntarily discontinued against St. Barnabas prior to jury selection).

Jury: 5 men and 1 woman

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Settled 1.8 million before trial.

This client, a 69-year-old father of a child with special needs, suffered an untimely and painful demise because of the defendant’s physicians repeatedly ignoring radiological evidence of recurrent malignancy which manifested as an increased mass in the peritoneal area with the eventual development of large bilateral retroperitoneal and retro-psoas tumors. Our expert opined that several CT scans suggested signs of a significant recurrence of prior malignancy. Additionally, the defendants failed to perform the suggested MRI and rule out a possible neoplasm. By the time the appropriate diagnosis was rendered, it was too late to perform any curative operative management and the client suffered an unnecessary and painful untimely demise.

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This patient went to his doctor with a very high PSA which was never followed up. The patient should have been sent for a biopsy, and the delay in diagnosis caused cancer to spread.

Contact

If you think that either you or even a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling us at 212-LAWYERS or 646-480-0830 or fill out this online contact form.

This case involves a delay in treating a herniated disc resulting in neurologic impairment. The patient presented with a severely herniated disc causing numbness in his lower extremities, and the surgeon delayed in relieving disc pressure on his nerve, resulting in a loss of leg sensation. Earlier intervention would have avoided the nerve damage.

Contact

If you think that either you or even a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling us at 212-LAWYERS or 646-480-0830 or fill out this online contact form.

JURY AWARDS 1.5 MILLION DOLLARS FOR PROSTRATE PROCEDURE THAT LED TO PATIENTS INCONTINENCE

VERDICT OF THE WEEK

Negligent Treatment

Case: Larence Coburn v. Jamshid Tehrany, M.D.

Court: Kings Supreme

Judge: Michelle Weston Patterson

Plaintiff Attorney(s): Daniel C. Minc; Rosenberg, Minc, Falkoff & Wolff, LLP, New York, NY

Defense Attorneys: Andrew S. Garson; Garson, Gerspach, DeCorato & Cohen, L.L.P., New York, NY

Facts:

Plaintiff Lawrence Coburn, 62, presented to Dr. Jamshid Tehrany with urinary frequency. Tehrany indicated that the condition was caused by a prostate obstruction of Coburn’s urinary tract by shaving the prostate gland via a transurethral resection of the prostate, which accesses through the prostate to remove obstructive material.

The procedure was performed and Coburn subsequently developed urinary incontinence. Coburn contended that Tehrany damaged the sphincter muscle of the urethra, which controls urinary incontinence. He also argued that the transurethral resection of the prostate was contraindicated by a prior radioactive seed implantation of the prostate, which elevated the likelihood of urinary incontinence.

Tehrany claims that Coburn had pre-existing severe urinary frequency and pre-existing incontinence, both of which stemmed from prior radiation treatment. He contended that Coburn’s incontinence was not due to the transurethral resection of the prostate. He also argued that tests performed in 2002 demonstrated that there had not been an injury to Coburn’s sphincter muscle, and that the muscle functioned properly.

Injuries:

Incontinence — Coburn’s urinary incontinence requires him to wear adult diapers.

Result:

The jury found that Tehrany deviated from accepted local medical practice by performing the transurethral resection of the prostate procedure despite Coburn’s prior history and increased risk of developing incontinence. The jury also found that Coburn’s incontinence was caused by the transurethral resection.

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PAINTER SEVERELY BURNED IN EXPLOSION SETTLED FOR 1.4 MILLION DOLLARS

A $1.4 million settlement was reached yesterday during trial in Bronx Supreme Court of the personal injury action brought by a painter who suffered severe burns when electric transmitters exploded while he was working at the Manhattan State Hospital on Wards Island. The suit by Davor Gobin, now 33, against his employer, D.A.L. Associates, alleged that coverings had been placed on the transmitters, interfering with ventilation and touching off the explosion, causing him to receive first, second and third degree burns over 60% of his body. Justice Ira Gammerman was presiding at the trial. The plaintiff was represented by Rosenberg, Minc & Armstrong; the defendant by Ernest F.W. Wildermuth Jr., of Montfort, Healy, Maguire and Salley, Mineola, Long Island.

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The New York Jury Verdict Reporter

128 Carleton Ave., East Islip, NY 11730

CIVIL JURY VERDICTS AND SETTLEMENTS THROUGHOUT NEW YORK STATE.

MOTOR VEHICLE – PEDESTRIAN-DRIVER OF DISABLED VEHICLE HIT – FRACTURES OF BOTH LEGS AND NERVE DAMAGE

Settlement: Taish Casper v. Repeater Communications

Plaintiffs attorney: Daniel C. Minc of Rosenberg, Minc, Falkoff & Wolff, LLP., Manhattan

Communications Corp.: Emeraldo Bayoa, and Nextel Communications Corp., Queens Supreme

Plaintiffs attorney: Daniel C. Minc of Rosenberg, Minc, Falkoff & Wolff, LLP, Manhattan

This action settled for $1.26 Million Dollars during jury selection. Plaintiff, a 30 year-old teacher’s aide, was heading towards Queens on the Throgs Neck bridge when their vehicle became disabled. She moved to the right lane and got out of her vehicle in an attempt to flag down a motorist to help. Defendants van, which was traveling in the same direction in that lane, struck the stalled vehicle at approximately 40 mph. Defendants contention was that he was attempting to change lanes when he was forced over into the right lane by a passing truck.

Plaintiff also suffered a left foot tibial nerve injury causing a drop foot. She was left with disfiguring scars on her lower extremities. Plaintiff has not returned to work as of the date of settlement. Carrier: Royal-Sun Alliance with Zurich Insurance on the excess over $1 million.

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SLIP and FALL VICTIM WINS 1.15 MILLION DOLLAR JURY AWARD

Mr. Roselli was represented by Daniel C. Minc of Rosenberg, Minc, Falkoff & Wolff, LLP.

A State Supreme Court Jury in Manhattan last week awarded a New Jersey man $1.15 million for injuries sustained when he tripped on an obstruction on the sidewalk near the Lincoln Tunnel. The man, Rollins Roselli, claimed that he tripped on a fence post that protruded over the sidewalk at 14 Street and 11th Ave., as he was running toward the Lincoln Tunnel.

The lawsuit was brought against the bus company, Maplewood Equipment Corp., which was alleged to control a parking lot that was bounded by the fence, a portion of which was alleged to have been pushed onto the sidewalk by a bus as it was being parked.

Mr. Roselli was hospitalized for two weeks with a dislocated hip in the mishap, and required three months of follow-up care. In addition, a medical expert testified that he will require a hip replacement within 10 years of the accident. Mr. Roselli, however, has not yet undergone such an operation.

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NYC Medical Malpractice Attorney Gary A. Silverstein Settles $1.1 Million Cancer Misdiagnosis Case

Aggressive melanoma spreads to victim’s lymph nodes after 8-month delay in diagnosis.

The patient and their family came to the experienced New York City medical malpractice law firm of Rosenberg, Minc, Falkoff & Wolff, LLP, LLP with a disturbingly typical case. A biopsy was taken on the patient’s foot when an Atypical nevus was presented to the first dermatologist. That biopsy was interpreted to be benign. The patient was sent home without result.

Eight months later the family was having suspicions about the Atypical nevus as the patient’s health deteriorated. A second opinion revealed that not only was this an aggressive melanoma, but it had spread to the patient’s lymph nodes. Further, an independent, well-respected, third-party opinion reviewed the initial biopsy slides to reveal that they had been misinterpreted then. A routine excisional biopsy should have been performed at the time.

As a result of the melanoma having been misdiagnosed, the patient missed out on critical treatment procedures and the cancer spreading to other parts of the body have greatly increased their chances for recurrences.

The case, handled by partner, New York medical malpractice attorney Gary A. Silverstein, settled during the second day of jury deliberations for $1.1 million.

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A Staten Island waitress, who lost her sight in one eye after a brain tumor was removed, has been awarded $1 Million by a Manhattan jury which found her doctors negligently failed to diagnose the tumor.

After a three-day trial before Supreme Court Justice Stanly Sklar, the jurors found the Staten Island Medical Group, a HIP clinic, was liable to Joanne Falconer, 28-years-old at the time the benign tumor was removed, for $350,000 for her past pain and suffering and $650,000.00 for her future pain and suffering.

Ms. Falconer was represented by Peter D. Rosenberg of Rosenberg, Minc, Falkoff & Wolff, LLP. William P. Weininger of Samuel & Weininger in Lake Success, Nassau County, appeared for the medical group.

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This patient was diagnosed as having the mumps and sent home from the hospital and told that it would pass in five or six days, when in fact she had an inflammation in her parotid gland. The delay caused sepsis.

Contact

If you think that either you or even a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling us at 212-LAWYERS or 646-480-0830 or fill out this online contact form.

A 74-year-old male went to a local Staten Island hospital after he fell at home while moving a refrigerator, banging the front right side of his head. He presented to the Emergency Room with complaints of a headache. At that time, he was alert and neurologically intact. He was admitted to the hospital. A CT scan without contrast showed that he suffered from an acute subdural hemorrhage. Another CT scan showed an expansion of the bleed, but the neurosurgeon failed to act and told the patient to follow up in three weeks for a repeat CT scan. It is claimed that the neurosurgeon failed to timely evacuate the brain bleed, allowing the bleed to expand, which resulted in permanent neurological deficits and bedsores to the lower back.

It is claimed that the patient should have been given an emergent craniotomy to evacuate the bleed. Instead, the patient’s neurological status started to change, resulting in extreme lethargy and hemiparesis. A craniotomy was eventually performed by the neurosurgeon, but the delay caused seizures and subsequent bedsores.

Contact

If you think that either you or even a family member may have been a victim of medical malpractice, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling us at 212-LAWYERS or 646-480-0830 or fill out this online contact form.

A Queens jury last week awarded $825,000 to a woman who slipped in an Elmont, Long Island supermarket.

Enne Moore claimed she slipped on ice cream in a Gouz Produce Co., at 1717 Dutch Broadway in Nassau County. She claimed she suffered a herniated disk in her back.

The entire award, in a trial presided over by Civil Court Judge John Milano, was for pain and suffering, according to plaintiff’s counsel Rosenberg, Minc, and Armstrong; Alexander V. Sansone, of Manhattan’s Hogan, Jones and Parisi represented the store.

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A Nassau County ophthalmologist was found liable last week for failing to inform a patient of the risks associated with any surgical procedure on the cornea that corrects nearsightedness.

The jury in Nassau Supreme Court awarded $800,000 to the plaintiff, Carl Davis, 48, who suffered a “massive over-correction” of vision in his left eye, which went from a condition of extreme nearsightedness to one of extreme farsightedness. The entire award was for pain and suffering.

According to the plaintiff’s attorneys, Peter Rosenberg of Rosenberg, Minc, Falkoff & Wolff, LLP, the claim against Dr. Norman O. Stahl of Garden City was not for malpractice, but for failing to inform the patient that the surgery performed – radial keratotomy – was an “experimental procedure” at the time with possible unknown complications and risks. He said the plaintiff now has no functional vision in his left eye.

The defendant was represented by Clifford Bartlett of Bartlett, McDonough, Bastone & Monaghan of Mineola. Justice Thomas A. Adams presided over the trial.

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Verdict $813,804.00

Case: Manuel and Udosia Ortiz v. The Port Authority of New York and New Jersey, No. 10642/98

Venue: Queens Supreme, NY

Judge: Joseph J. RisilPhyllis Orlikoff Flug

PLAINTIFF(S)

Attorney:

• Peter D. Rosenberg; Rosenberg, Minc, Falkoff & Wolff, LLP; Manhattan, NY, for Manuel and Udosia Ortiz

Expert:

• Dr. Lon Weiner; Orthopedics
• Conrad Berenson Ph.D.; Economic Analysis
• Harlan Fair P.E.; Engineering

DEFENDANT(S)

Attorney:

• Kathleen Gill Miller; Milton H. Pachter; Manhattan, NY, for The Port Authority of New York

Expert:

• James Pascuiti; Vocational Rehabilitation

Plaintiff, a 47-year-old supervisor for a building maintenance company, was injured when he slipped and fell on an unknown substance on stairs leading from a basement loading dock at 5 World Trade Center in Manhattan. Plaintiff contended that he grabbed for a handrail, but the banister had been missing for several years and he lost his balance. He claimed that there was no evidence of negligence on his part, and Judge Flug did not charge the jury with contributory negligence. Defendant plans to appeal on this issue.

Offer: $300,000; demand: $500,000; amount asked of jury: $1,500,000.

Injury: Fractured tibial plateau, requiring open reduction and internal fixation with plates and screws; torn meniscus. Plaintiff underwent a second surgery 2 years later to remove the hardware and repair the meniscus. He claimed that he will require a future knee replacement. Plaintiff has severe post-traumatic arthritis, and he has not returned to work. Defendant argued that plaintiff is employable in some capacity.

Verdict Information: $813,804 for Manuel. Breakdown: $75,000 for past pain and suffering; $19,503 for past medical expenses stipulated; $179,500 for past lost earnings; $122,000 for future pain and suffering; $117,800 for future medical expenses; $300,001 for future lost earnings.

$24,000 for Udosia. Breakdown: $14,000 for past loss of services; $10,000 for future.

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VERDICT SEARCH

MEDICAL MALPRACTICE.

Verdict: $550,000

Case: Patricia Paulus v. Steven Grenell, M.D.

Venue: Bronx Supreme Court, New York

Judge: Paul Victor

PLAINTIFFS ATTORNEYS: Gary Silverstein; Rosenberg, Minc, Falkoff and Wolf; Manhattan, New York, for Patricia Paulus

Expert:

• Dr. Sidney Cohen; Neurology
• Dr. George Tyson; Neurosurgery

DEFENDANT(S)

Attorney:

• Patrick J. Brnnan; Wilson, Elser, Moskowitz, Edelman & Dicker; Manhattan, NY, for Steven Grenell, M.D.

Expert:

• Dr. David Bronster; Neurology
• Dr. George Digiacinto; Neurosurgery
• Dr. Irwin Schlesinger; Neurology

Insurer: FOJP

Injury:

Plaintiff, a 67-year-old saleswoman at the time of this malpractice, claims that defendant neurologist failed to timely refer her to a neurosurgeon on May 26, 1994, and on August 9, 1994, when she presented with complaints of what was later diagnosed as cervical spondylitis myopathy. Plaintiff testified that she presented to defendant on September 29, 1993, with complaints of bilateral numbness and tingling in her hands and pain radiating from her neck to her hands. She was diagnosed with severe bilateral carpal tunnel syndrome and cervical radiculopathy following nerve conduction studies conducted on September 27, 1993. On October 26, 1993, defendant ordered an MRI of the cervical spine, which showed a severely compressed cervical spine at the C3-C4 level, and severe stenosis and spondylitis of the cervical spine. Defendant referred plaintiff to a hand surgeon, Dr. Bruce Greenstein, who surgically treated the carpal tunnel syndrome.

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Dentist Left Broken Needle in Man’s Mouth after Tooth Surgery

Dentist — Negligent Treatment

VERDICT (P): $365,000

INJURIES/DAMAGES: Dental; sinus

Then claimed that after the surgery he experienced breathing difficulty.

FACTS & ALLEGATIONS: Plaintiff presented to Dr. Victoria Ippolito at her office in the Bronx, N.Y. He complained that he was having eating difficulty and slight discomfort due to his No. 3 molar tooth. Ippolito took a periapical X-ray and referred Then to Dr. Phillip Artenberg for an extraction.

Artenberg performed the extraction in reliance on the periapical X-ray and his own clinical examination. While suturing the area of the extraction after the surgery, a suture needle broke. Artenberg could not locate the missing part of the needle. He located the needle on an X-ray, but he could not locate it clinically. He finished closing the wound and decided to discharge Then and wait to remove the needle when the swelling was reduced at a later date. Plaintiff presented to the emergency room of New York Presbyterian Hospital. He was found to be stable and was discharged. He subsequently developed pain, breathing difficulty and headaches. The needle was removed via a Caldwell-Luc procedure, an extensive surgery in which the maxillary sinus was opened by way of incision to remove the needle.

Plaintiff sued Artenberg, Ippolito and New York Presbyterian Hospital. He claimed that he should have been admitted for removal of the needle, and that an oral-surgery consultation should have been made at that time.

$15,000 past loss of services; $75,000 total.

St. Paul Insurance Co. for Phillip Artenberg

RESULT

The plaintiffs reached a $10,000 settlement with New York Presbyterian Hospital. The action against Ippolito was dismissed at the conclusion of the plaintiffs’ case. The jury awarded the plaintiffs a total of $365,000 against Artenberg.

Editor’s note: The plaintiffs and Artenberg agreed to a $400,000/$40,000 high/low agreement during jury deliberations.

$50,000 past medical cost
$300,000 past pain and suffering
$350,000 total

Trial Length: 3 weeks

Jury Deliberations: 1.25 hours

Jury Poll: 6-0

Expert: Dr. Norman Cranin, oral surgery, Brooklyn, NY

PLAINTIFF’S ATTORNEYS:

Roseberg, Minc, Falkoff & Wolff, LLP.

DEFENSE ATTORNEY(S)

Stephen M. Knudsen, Squires, Cordrey & Noble, New York, NY (Phillip Artenberg)

Patricia A. Luca, Rochman, Platzer, Fallick, Stemheim, Luca & Pearl, L.L.P., New York, NY (New York Presbyterian Hospital)

Benjamin A. Shatzky, Peitz & Walker, New York, NY (Victoria Ippolito)

Experts:

• Arthur Elias, M.D., oral surgery, New York, NY
• Leigh Jay Lachman, M.D., otolaryngology, New York, NY

EDITOR’S NOTE: The attorney for Phillip Artenberg did not contribute to this report.

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VERDICT SEARCH

Bicycle Accident (Non-motor Vehicle)

Golf Cart Hits Pothole

Verdict: $544,000

Case: Edward DiCamillo v. County of Nassau

Judge: Burton S. Joseph

PLAINTIFFS ATTORNEYS

Gary Silverstein; Rosenberg, Minc, Falkoff and Wolff, LLP.,; Manhattan, New York, for Edward DiCamillo

Expert:

• Alvin Ubell P.E. Engineering; Brooklyn, NY
• Dr. Paul Kleinman; Orthopedic Surgery

Demonstrative Evidence: Photographs of the accident site; X-ray; model of the leg.

DEFENDANT(S)

Attorney: Christopher L. Grayson; Mineola, NY, for County of Nassau, Deputy County Attorney

Expert: None

Defendant contended that plaintiff made a substantial recovery and was able to return to work.

Injury: Fractured femoral head requiring open reduction and internal fixation (two surgeries); non-displaced fracture of the right distal tibia; fractured first and second metatarsals of the right foot, requiring open reduction and internal fixation. Plaintiff was hospitalized for 17 days and underwent three months of physical therapy. He was out of work for 5 ½ months as a result of the accident.

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