Bronx County Jury Verdict For Permanent Brain Injury Reduced From $90M to $30M

On November 21, 2019, Justice Joseph E. Capella, Supreme Court, Bronx County reduced a $90,000,000 verdict for pain and suffering to $30,000,000. The jury agreed with plaintiff's counsel who argued that St. Barnabas Hospital had failed to properly treat a 50 year old woman's asthma over the course of a 52 day hospital admission. Specifically, it was claimed that a failure to treat hypercapnia (excess carbon dioxide in the blood) lead to metabolic acidosis, cerebral edema, seizures and permanent brain injuries. The plaintiff suffers from slow thinking, ataxia (loss of full control over body movements, slurred and slow speech and is wheelchair bound.

In April 2019, the jury awarded $60,000,000 for past pain and suffering and $30,000,000 for future pain and suffering believing the plaintiff would live another 34.5 years, in addition to special damages not discussed in the decision. The defendants filed a post - trial motion to set aside the verdict and/or reduce it. The trial judge upheld the verdict but reduced the past pain and suffering award to $7,000,000 and the future pain and suffering award to $23,000,000. It is likely this decision will be appealed. Redish v St. Barnabas, 2019 WL 6269086

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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