$62,000,000.00 - Negligence in perforating the bowel during the performance of a laparoscopic salpingectomy and subsequent failure to timely diagnose the perforation resulting in septic shock, requirement of a colostomy, gangrene of the lower extremities requiring bilateral below the knee amputations, and vestibulocochlear nerve damage causing severe permanent hearing loss. (Verdict).
$50,000,000.00 - Negligence during childbirth causing a 4th degree laceration to the mother; negligent repair of the laceration causing a recto-vaginal fistula; negligence in delivering a second child vaginally over the pre-existing recto-vaginal fistula, resulting in 13 surgical procedures to repair the fistula, bowel incontinence, inability to have sexual relations due to pain. (Verdict).
$18,100,000.00 - Negligence during Monitored Anesthetic Care while a 19 year old female was undergoing an endoscopy for abdominal pain. After the administration of Propofol and Alfentanil, the patient became bradycardic. The anesthesiologist failed to advise the surgeon for 9 minutes that the patient was bradycardic and to abort the procedure.
The anesthesiologist waited an additional 2 minutes before calling a code blue and the patient was not intubated until 16 minutes after bradycardia had begun. When the code team arrived, no pulse was obtainable. The patient was resuscitated, but had suffered profound brain and neurological injuries.
$17,900,000.00 - Failure to promptly diagnose and treat a kidney stone resulting in infection, sepsis and gangrene requiring quadruple amputation of extremities.
$9,000,000.00 - A forty nine year old male who was being treated for respiratory issues suffered a cardiac arrest, leading to permanent brain damage.
$8,000,000.00 - Failing to recognize fetal distress during the course of labor and delivery resulting in hypoxic ischemic encephalopathy. It was alleged that had the defendants performed a timely cesarean section delivery, the injuries would not have occurred.
$7,943,181.82 - Delay in the performance of a cesarean section when a pregnant woman presented to the hospital under the care of a midwife with signs and symptoms of fetal distress resulting in severe neurological damage to the infant including spastic cerebral palsy.
$6,800,000.00 - Failure to timely resuscitate newborn resulting in fetal compromise and brain injury.
$6,150,000.00 - Automobile accident - Pedestrian struck by vehicle resulting in crushed leg injuries.
$5,850,000.00 - Failure to adequately monitor a patient while receiving anesthesia resulting in severe brain damage.
$5,200,000.00 - Automobile accident - Wrongful Death - Pain and Suffering - two passengers.
$5,000,000.00 - Failure to timely perform a cesarean section as necessitated by preeclampsia resulting in intracranial bleed and death.
$4,800,000.00 - Failure to diagnose impending stroke resulting in quadraparesis.
$4,542,857.00 - Failure to timely diagnose and correct spinal cord ischemia post-operatively resulting in paraplegia.
$4,000,000.00 - Administration of an improper medication causing respiratory failure and consequential anoxic brain injury.
$3,550,000.00 - Negligently performed right frontal craniotomy for excision of a meningioma resulting in partial blindness (Verdict).
$3,264,000.00 - Contraindicated renal bypass procedure resulting in clotting, circulatory compromise and loss of limb (Verdict).
$3,000,000.00 - Failure to diagnose cancer (Hodgkin's Lymphoma) - Wrongful Death (Settled during trial).
$3,000,000.00 - Defective Product - Truck exploded causing injuries and death to driver (Settled prior to trial).
$3,000,000.00 - Failure to perform cesarean section resulting in fetal compromise and brain injury.
$2,900,000.00 - Incorrectly diagnosing eye cancer resulting in unnecessary removal of an eye.
$2,500,000.00 - Failure to timely diagnose breast cancer resulting in wrongful death (Settled prior to trial).
$2,350,000.00 - Failure to adequately treat pneumonia resulting in wrongful death.
$2,250,000.00 - Improper performance of aortic valve replacement resulting in occlusion of coronary arteries requiring cardiac bypass, ischemia, and below the knee amputation of the right leg.
$2,250,000.00 - Failure to diagnose impending stroke resulting in right sided paralysis and requirement of a ventilator.
$2,200,000.00 - Failure to diagnose meningitis resulting in paresis (Settled prior to trial).
$2,000,000.00 - Failure to diagnose and treat post-operative infection (Verdict).
$2,000,000.00 - Failure to diagnose infection in newborn causing dehydration, stroke, and brain damage.
$2,000,000.00 - Failure to diagnose lung cancer (Settled prior to trial).
$1,977,000.00 - Failure to diagnose and treat infection in mother during prenatal period and delivery resulting in infection in infant and short bowel syndrome requiring removal of a portion of the infant's colon, a feeding tube, and liver transplant.
$1,975,000.00 - Failure to timely diagnose endometrial cancer resulting in metastasis and wrongful death.
$1,950,000.00 - Failure to perform cesarean section; delay in delivery of newborn resulting in fetal compromise and brain injury (Settled prior to trial).
$1,900,000.00 - Failure to timely diagnose breast cancer.
$1,800,000.00 - Failure to timely diagnose and treat deep vein thrombosis resulting in pulmonary thromboembolism and death (Verdict).
$1,700,000.00 - Negligently performed termination of pregnancy procedure; negligently monitored anesthesia resulting in cardio-respiratory arrest and death (Settled prior to trial).
$1,650,000.00 - Negligently performed termination of pregnancy procedure; failure to advise plaintiff that she was still pregnant resulting in birth of infant in respiratory distress and consequential brain injury (Settled prior to trial).
$1,600,000.00 - Failure to timely diagnose breast cancer resulting in wrongful death (Settled prior to trial).
$1,500,000.00 - Negligently performed sigmoidoscopy causing 79 year old man to suffer perforation of intestine, infection, shock and respiratory distress (Settled prior to trial).
$1,450,000.00 - Failure to properly perform a laparoscopic hernia repair (Settled prior to trial).
$1,450,000.00 - Failure to diagnose and properly treat an impending stroke (Settled prior to trial).
$1,300,000.00 - Failure to timely diagnose lung cancer resulting in wrongful death (Verdict).
$1,200,000.00 - Negligently performed colostomy reversal resulting in permanent ileostomy.
$1,196,555.70 - Jury Verdict - Failure to diagnose coronary artery disease resulting in a police officer forfeiting retirement benefits pursuant to General Municipal Law §207 (k) [The Heart Bill].
$1,100,000.00 - Failure to properly perform an episiotomy during labor and delivery (Settled prior to trial).
$1,000,000.00 - Failure to prescribe prophylactic anticoagulation resulting in pulmonary thromboembolism and death (Settled before trial).
$1,000,000.00 - Failure to monitor antibiotic medication (Gentamicin) resulting in toxicity and loss of balance (Settled prior to trial).
$975,000.00 - Failure to properly safeguard hotel window resulting in the fatal fall of an intoxicated hotel guest.
$900,000.00 - Improper delivery resulting in Erb's Palsy (Nerve injury affecting upper extremity in infant (Settled prior to trial).
$900,000.00 - Failure to timely diagnose and treat infection leading to septic arthritis of the hip (Verdict).
$895,000.00 - Negligently performed laparoscopic hernia repair resulting in bowel perforation and death.
$850,000.00 - Failure to diagnose and treat intra-abdominal hemorrhage (Settled prior to trial).
$600,000.00 - Laparotomy pad left in a patient's abdomen during the performance of a cesarean section resulting in an unnecessary additional surgery.
SOME OF OUR PAST RESULTS INCLUDE:
$9,000,000.00 - Failure to properly treat neurological symptoms causing stroke resulting in quadriplegia (Verdict).
$2,700,000.00 - Products liability - Negligently designed lawnmower crushes grounds-keepers right hand (Verdict).
$2,000,000.00 - Failure to properly monitor and treat a spinal condition following surgery.
$1,000,000.00 - Failure to diagnose and treat post-operative infection necessitating additional surgeries.
$600,000.00 - Failure to diagnose and treat meningitis in 11-year-old resulting in partial loss of vision (Verdict).
RECENT APPELLATE RESULTS
Cabrera v. Collazo , 115 A.D. 3d 147 (1st Dep't 2014). The defense moved to dismiss a professional malpractice action arguing that an attorney cannot be held legally accountable when his client's action is not timely commenced if that attorney dies before expiration of the statute of limitations. Plaintiff argued that the attorney's death certificate revealed he had died at a cancer center, presumably of a terminal illness and he had failed to inform his client of the imminent running of the statute of limitations and that his ability to represent the client was impaired. Giving the plaintiff the benefit of every possible favorable inference, the Appellate Court affirmed the denial of the defendant’s pre-answer motion, finding that “it appeared that the inaction of counsel rendered the lapse of plaintiff's cause of action not merely possible -- or even probable -- but inevitable.”
Sokol v. Lazar , 106 A.D.3d 512 (1st Dep't 2013). Post-trial appeal from verdict in plaintiff’s favor resulted in an award of $750,000.00 in a podiatric malpractice action involving the negligent performance of a bunionectomy.
Moray v. City of Yonkers , 95 A.D.3d 968 (2nd Dep't 2012). The plaintiff brought an action to recover for her own personal injuries as well as the wrongful death of her husband. The decedent was employed by defendant City of Yonkers as a police officer and was under the care of the defendant psychiatrist when he shot and injured his wife and then fatally shot himself. The defendants separately sought summary judgment dismissing the complaint against them. The Court denied City's motion to dismiss those claims that it was negligent in failing to remove the decedent's revolver, send him for an independent mental health evaluation and supervise him. As to the defendant psychiatrist, the court found that issues of fact were presented as whether he departed from good and accepted psychiatric care and treatment with regard to his diagnosis, the ensuing psychotherapy, and the prescription and dosaging of psychotropic drugs. [2010 WL4913512(N.Y.Sup)]. On the defendants' appeals, the Appellate Division affirmed the trial court’s determination; the case was ultimately settled before trial.
Twersky v. Busche , 37 A.D.3d 704 (2nd Dep't 2007), where decedent remained conscious for only 2 ½ hours after being struck by a van, the Appellate Court found that jury award of $1,000,000.00 for conscious pain and suffering was not excessive.
Golding v. Gottesman , 41 A.D.3d 430 (2nd Dep't 2007), where Appellate Court upheld Trial Judge's determination that evidence presented by plaintiff at non-jury trial established he had made a series of loans rather than gifts to the defendant. Judgment entered in favor of plaintiff in the principal sum of $194,065.47 was affirmed.
Perlin v. King , 36 A.D.3d 495 (1st Dep't 2007). On plaintiff's post verdict motion, plaintiff successfully persuaded Trial Court to increase the jury's award of $5,000 for past pain and suffering damages to $25,000.00 and of $27,500.00 for future pain and suffering damages to $175,000.00 . On defendant's appeal, Appellate Court upheld jury verdict on liability since plaintiff's counsel presented expert testimony that the defendant dentist failed to diagnose plaintiff's congenital tooth and jawbone disorders and that child's pain and suffering could have been alleviated had proper dental treatment been instituted. Trial Judge's decision to increase damages found to be proper, but amount of increase of future damages should be $127,500.00 rather than $175,000.00