Record Setting Bronx Jury Award of $8M+ For Ankle Fracture Upheld By Appellate Court

On February 21, 2019, the appellate court covering Bronx County refused to reduce the largest jury award ever in New York for an ankle fracture. The jury awarded $6.1 million to a woman, in her early 30's at the time, for past and future pain and suffering and another $2,547,054 for future medical expenses. The appellate court reduced the award for future medical expenses by only $300,000. The plaintiff sustained a trimalleolar ankle fracture requiring two surgeries as a result of a fall down a dangerous staircase. The plaintiff developed traumatic arthritis, which is expected with this type of injury, but also reflex sympathetic dystrophy which is an unusual extremely painful condition.

The defendant's argument that an ankle fusion would alleviate plaintiff's pain was not proven as none of the physician's at trial testified that a fusion would eliminate or reduce the pain. Worse yet for the defendant's, the appellate court agreed the defense was not entitled to a collateral source hearing (to reduce the medical expense award by expected future benefits of health insurance) because there was no evidence plaintiff would receive such benefits. Kromah v 2265 Davidson Realty LLC, 2019 N.Y. Slip Op. 01301

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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