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On October 20, 2022, a Bronx jury found that physicians at the High-Risk Obstetrical Clinic at Jacobi Medical Center in 2003 had failed to prevent a pre-term delivery at 23 weeks gestation. The young man's mother had a history of an incompetent cervix. In a previous pregnancy the plaintiff's moth...
Yesterday, the Hospital for Special Surgery (HSS) filed a motion to overturn a Manhattan jury verdict that awarded Michael Cox (former NY Giants running back) $28,500,000 in September 2022 for negligently repairing an on-the-field injury to his left ankle. The Associate Director of the Orthopedic...
On October 13, 2022, the Appellate Division, First Department upheld a Manhattan jury verdict of $1,315,000 awarded to a NYC Taxi and Limousine Commission employee against the NYC Transit Authority for injuries suffered when he was struck by an articulated bus. The plaintiff's injuries includ...
On August 17, 2022, the Appellate Division, Second Department upheld the ruling of Suffolk County Supreme Court Justice Sanford N. Berland, who in 2019 lambasted a gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patients restricting their righ...
Appellate Legal Malpractice In 1896?
On October 5, 2022, an appellate court upheld the finding of a jury verdict against the Town of Hempstead for the wrongful death of a 69 year old Great Neck man who was killed while riding a motorized scooter due to the faulty roadway design. The decedent was riding thru the intersection of Shor...
On September 14, 2022 an appellate court agreed with a Queens County jury that awarded $800,000 for past pain and suffering to a patient of a vascular surgeon. The patient was admitted to North Shore University Hospital and underwent a CT scan which revealed a large mass in her chest. A biopsy of...
Typically appellate courts address whether high verdicts are too excessive, but they do occasionally review claims of unfair low verdicts, especially where a jury finds evidence of a permanent injury but awards zero in compensation for future pain and suffering. On August 31, 2022, an appellate court increased a Westchester County jury verdict by more than $200,000.
On August 3, 2022, an appeals court reduced a Brooklyn jury verdict of $1,800,000 awarded to a Queens County Court Attorney to $500,000. The Court Attorney had words with a female customer at Home Depot who then struck him. The female customer had been ejected from Home Depot moments before her a...
On June 30, 2022, a Staten Island jury awarded $2,716,600 to a patient of a local plastic surgeon. The theory of plaintiff's case was the careless performance of an endoscopic carpal tunnel release that required multiple additional surgeries to address a median nerve injury. It was also claimed t...
On July 27, 2022, the Appellate Division, Second Department sustained a Kings County jury award of $3,000,000 for 5 years of past pain and suffering and $2,000,000 for future pain and suffering to a pedestrian whose foot was run over by a bus. The plaintiff "sustained a crush degloving injury to ...
On July 20, 222, the U.S. Justice Department announced it had filed criminal charges against medical professionals, clinical laboratory owners and telemedicine executives. It is claimed that by their schemes the defendant's intended to bilk Medicare out of $1.2 billion, though actual losses to th...
On July 14, 2022, a Nassau County jury determined what was a fair and reasonable award to a 51 year old (former) electrician injured on the job four years ago. The electrician was standing on a ladder to inspect a dumbwaiter's panel when the fingers of his right hand became trapped between some c...
On July 13, 2022 an appellate court affirmed Nassau County Supreme Court Justice Jeffrey S. Brown who denied a motion for a mistrial requested by plaintiff's counsel after a defense verdict was rendered in a medical malpractice case. Two days after a kidney stone removal procedure (lithotripsy) t...
On July 6, 2022, the Appellate Division, Second Department vacated a Nassau County jury verdict of $2,717,303 awarded to a family suing a pulmonologist for wrongful death. The pulmonologist had performed a bronchoscopy on the patient which was negative for any cancer. Approximately two years late...
New York is one of only three states that has neglected to update its wrongful death death statute that was enacted in 1847. Under current law the value of human life in New York for the poor, the disabled, stay at home parents, the elderly and young adults is vastly under appreciated. The curren...
On June 13, 2022, I was fortunate in obtaining a $5,000,000 verdict in a dental malpractice action from a Brooklyn jury following a three week trial. The patient sought treatment from the dentist after an oral surgeon extracted an upper molar which left a hole (fistula) between the maxillary sinu...
On April 13, 2022, the Appellate Division, Second Department overruled a Supreme Court Justice who dismissed a claim of wrongdoing under Judiciary Law 487, against an attorney by clients he represented in a litigation concerning the sale of plaintiff's interests in three skilled nursing care fac...
On April 13, 2022, the Second Department reversed Justice Thomas Feinman who presided over a damages trial of a 42 year old delivery driver who was rear-ended by a Nassau County police car in Hempstead, New York. Liability was established as a matter of law by pre-trial motion. Justice Feinman ha...
On December 21, 2021, a New York County jury found in favor of a pregnant 41 year old woman who suffered a ruptured appendix the day after reporting to an OB/GYN that she was suffering abdominal pain. The plaintiff was referred to a radiologist for a sonogram the same day which was read as normal...
On February 1, 2022, an obstetrician/gynecologist was found liable for failing to inform a woman that a negative endometrial biopsy does not explain continued postmenopausal bleeding and to return for follow-up if the bleeding continued. The plaintiff's expert testified that the OB/GYN defendant ...
On March 22, 2022 an appellate court covering suits filed in Manhattan reversed a lower court that had dismissed a legal malpractice claim regarding the sale of a condominium. The plaintiff claimed that their attorneys were negligent for allowing their breach of contract action to be dismissed on...
After a one day trial on March 30, 2022, a New York, Erie County jury awarded a John Doe $25,000,000 who had filed suit against a 62 year old man who was his Boy Scout leader. The defendant, Robert Eberhardt did not show up for the trial and was not represented by counsel. It was claimed that the...
On March 22, 2022, I secured a verdict of $5,100,000 from a Nassau County jury, for a 47 year old roofing mechanic who suffered a pilon fracture of his ankle joint in an 8-10 foot fall from a ladder while repairing the roof of a commercial establishment. Liability against the owner and lessor of ...
On January 12, 2022, an appellate court modified a Brooklyn jury's verdict for pain and suffering of $3,000,000 ($2M past years and $1M future 10 years) and reduced it to $2,000,000. The plaintiff was a 70 year old male roofer employed by a contractor to provide roofing services to the defendan...
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