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Queens Jury Finds Against Orthopedist and Awards $1,050,000 For Meniscal & Ligament Tears Requiring Future Knee Replacement

On May 23, 2018, a 47 year old ice cream truck operator won a jury verdict against an orthopedist and the New York Health & Hospitals Corporation for malpractice which occurred at Elmhurst Hospital Center four years earlier. The defendant's filed a motion for summary judgment before the trial seeking dismissal of the malpractice claim but lost. The Court held that there was conflicting medical evidence which entitled plaintiff to a jury trial. (Plaintiff's res ipsa loquitur theory was dismissed). It was claimed that the plaintiff was undergoing a course of physical therapy when an orthopedist, David Bressler, M.D., improperly manipulated the plaintiff's left knee causing multiple meniscal and ligament tears, and a trabecular fracture which led to multiple surgeries on the knee. The plaintiff also claimed that he now limps because of the negligent manipulation of his knee.

Part of the jury verdict included $200,000 for future knee replacement surgeries and $150,000 for future physical therapy, equipment and medications. The plaintiff received $100,000 for past pain and suffering and $500,000 for his future pain and suffering. His wife was compensated with an award of $100,000 for her loss of services claim. Osorio v NYCHHC, 2018 WL 3302307

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 of 2011" and "Top New York Settlements of 2012." 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 is 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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