Nassau County Jury Imposes $5,750,000 Verdict Against Orthopedist For Spinal Injury-Settled At $2M Per High/Low Agreement

On December 28, 2022, a Nassau County jury feeling the holiday spirit found in favor of a 51 year old podiatrist who was injured during an L1-2 lumbar laminectomy procedure performed in July 2018 by orthopedist Fernando Checo, M.D. It was later determined that the plaintiff-podiatrist suffered a dural tear of the spinal cord with a cerebrospinal fluid leak which developed into conus medullaris syndrome and dysesthesia causing bilateral lower extremity weakness. During the course of the subsequent exploratory surgery performed by the orthopedist one month later, the plaintiff suffered a "sacral nerve injury and cauda equina syndrome resulting in fecal incontinence, urinary retention with the need for self catheterization, perianal numbness and erectile dysfunction". The jury awarded a total of $5,750,000 for past/future pain and suffering and loss of enjoyment of the quality of life.

Prior to the jury's verdict both sides negotiated a high-low settlement agreement with a high of $2,000,000 which caps plaintiff's recovery at that amount but avoids an appeal. Fortunately, this podiatrist was able to resume his practice. Landy v Checo, 2022 WL 18912975

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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