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It was reported today that an Appellate Court upheld a jury verdict finding that a bus driver carelessly suddenly braked and caused a 64 year old grandmother to be violently thrown to the floor. The NYC Transit Authority and its bus driver blamed the accident on the passenger for getting up from ...
On October 31, 2017 a Brooklyn jury resolved a month long medical malpractice case by awarding $26,000,000 to a family arising out of a pregnancy and delivery of twins. The mother started showing signs of preterm labor just over 5 months into her pregnancy. There were visits to the ER with compla...
In a recent study published in the British medical journal Lancet last week, a startling finding was revealed about cardiac stents. These wire mesh cage devices are routinely used to treat those in the midst of a heart attack or with blockages and those patients with exertional chest pain. More ...
Last month the appellate court covering Manhattan upheld a trial court Judge who dismissed a wrongful death action against an internist - AFTER a jury found in favor of the patients family. The jury determined that the internist failed to timely diagnose gastric cancer and instead attributed the...
In a recent medical malpractice trial held in Brooklyn, Dr. Scott Ellis, who was employed by the Hospital for Special Surgery (HSS) was found to have departed from accepted standards of practice while treating an adult females foot. As a result, the jury found that his patient suffered permanent...
Last week, a Sullivan County jury lambasted a School District with a $1,000,000 award to a former High School student in upstate New York who was bullied and terrorized over two years by other students. There was ample evidence of the specific acts of bullying because much of it was documented by...
A Suffolk County lawyer, Vincent Trimarco, has been charged with stealing $2M from the proceeds of a settlement of a wrongful death action. Scott Eriksen died in 2005 while in the custody of the Suffolk County Sheriffs Department for a misdemeanor drug charge. Mr. Eriksen had a daughter (determi...
On Tuesday an Appellate Court agreed with Supreme Court, Bronx County Judge Howard Sherman that it was fair game for a defense attorney to challenge a plaintiffs chiropractor expert on his honesty. The chiropractor had been suspended from chiropractor school 30 years ago for for falsely reporti...
A Manhattan jury awarded $450,000 to a 23 year old woman this summer who underwent breast reduction surgery at the age of 16. The claim was that the plastic surgeon had placed the nipple areola complex too high up on the patients breasts and tied the sutures so tightly that it caused bilateral n...
On October 23, 2017 a California Judge sided with Johnson amp; Johnson who was hit with a $70,000,000 compensatory damage award and $347,000,000 punitive damage award in favor of a woman who developed ovarian cancer. A new trial has been ordered. The plaintiff explained that she had been using t...
Last week an Appellate Court agreed with a Westchester County Supreme Court Justice who allowed an attorney sued in a legal malpractice case to serve a late Answer to a Complaint. When you neglect to answer a Summons and Complaint the consequences can be severe including, a finding or declaration...
On October 17, 2017, Southern District Judge Robert Sweet awarded $1,250,000 in compensatory damages and $1,000,000 in punitive damages to a former nursing school student who was drugged and brutally raped and sodomized at the Plaza Hotel in 2010. This horrific attack also involv...
Last month an Appellate Court upheld the dismissal of a legal malpractice case in Nassau County. The client retained a divorce lawyer to represent him in a matrimonial matter. After 18 months the client terminated lawyer #1, retained lawyer #2 and thereafter entered into a separation agreement se...
In a recent decision by a Queens County Judge, a 25 year old female who had won an award of $1,000,000 in punitive damages and $2,000,000 for future pain and suffering had her recovery wiped out. The award for punitive damages was dismissed as a matter of law and the future pain and suffering awa...
The Appellate Court covering appeals in Brooklyn recently upheld a jury verdict of $200,000 to a 43 year old female home health aide (HHA) who suffered spinal injuries due to a car accident. The HHA was riding in an ambulette accompanying a client when she was thrown from her seat when the ambulette was rear-ended.
On October 12, 2017 the New York Court of Appeals reinstated the wrongful death medical malpractice claim filed by the family of a patient who died of cardiac arrest when he was taken off blood thinners. The patient had a stent placed in a coronary artery that was 100% blocked and as per standar...
On September 21, 2017 a Queens County Justice denied the motion of a cooperative apartment building to dismiss the claim of a trip and fall victim who fractured her wrist outside an apartment building in Richmond Hill. Due to overgrown or growing tree roots, adjacent sidewalk flags are lifted whi...
Last Friday an attorney who faces a criminal jury trial for conspiracy to defraud investors in a biopharmaceutical company called Retrophin Inc. asked a Brooklyn federal Court Judge to dismiss that charge because his alleged co-conspirator was exonerated by a jury on the same charge.
On September 26, 2017 a Trenton, New Jersey jury found in favor of the family of a 20 year old woman who had collapsed and was intubated by a paramedic before her arrival at the hospital.. Unfortunately, the endotracheal tube was not placed down the trachea (breathing tube) but instead the tube ...
A law firms broad retainer agreement has come back to haunt them. A seller of a business purchased for $7.5 million ($5 million of which was collateralized by the buyers restricted common stock) hired Seward amp; Kissel as lead transaction counsel. As per a letter of intent concerning the sa...
Last week the Appellate Court covering Manhattan reduced a jury verdict but still allowed record breaking awards of $2.5 million and $2 million for pre-impact terror to the families of two men who were killed in a 2008 crane collapse on the East Side of Manhattan. The jury listened to the case ...
Last week an appellate court covering the Bronx and Manhattan split 3-1 ruling in favor of a plaintiff who was late in filing a complaint (against her family physician) more than 2 1/2 years after the alleged negligent conduct resulting in brain surgery and loss of vision. As a result of this ex...
On August 18, 2017 a Manhattan Supreme Court Justice denied an attorneys motion for pre-trial dismissal of his former clients claim for breach of contract due to excessive billing for legal services. The attorney argued that dismissal was justified since he had obtained dismissal of an earlier (...
On August 23, 2017, an Appellate Court covering Brooklyn upheld a jurys award of $1,000,000 to a medical malpractice claimant whose colon was perforated during a routine colonoscopy. The jury found that the gastroenterologist committed two separate departures (errors) from accepted standards of ...
On August 23, 2017, a New York County Supreme Court Justice denied a property owners motion to dismiss the claim of a personal injury claimant who was injured when he slipped on snow and ice as he was descending an exterior staircase. The property owner argued that this case didnt deserve a jur...
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