Bronx Jury Verdict Of $1.75M For Shoulder Injury Slashed To $614,000

On November 13, 2018, an appellate court covering Bronx County, upheld Justice Julia Rodriguez' decision to slash $1,141,000 from a jury verdict awarded to a passenger injured in a car accident. The plaintiff was 29 years old and underwent an arthroscopic procedure to repair labral tears in her left shoulder and 12 months of physical therapy (pre-op and post-op). The plaintiff claimed that she had ongoing intermittent shoulder pain since the accident.The treating orthopedist explained to the jury that plaintiff had suffered a 50% loss of range of motion in her shoulder and that her symtoms would worsen in the future, possibly requiring another shoulder surgery and further physical therapy.

The jury found that the plaintiff would suffer for another 25 years and awarded: $400,000 for past pain and suffering; $750,000 for future pain and suffering; and, $605,000 for future medical/therapy expenses totaling $1,755,000. Trial Court Justice Rodriguez found that the treating orthopedist's opinions on possible future shoulder surgery were too speculative and that only $64,000 in future medical expenses was supported by reasonably certain evidence.

The appellate court agreed with the trial judge that the award for past pain and suffering of $400,000 should be reduced to $300,000 and the award for future pain and suffering of $750,000 reduced to $250,000. Lastly, it held that unless the plaintiff agreed to accept the reduced verdict, that a retrial on damages would be necessary. Thompson v Toscano, 2018 WL 5913883

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!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top