Starr Gern Law Resolves a Claim on Behalf of Man Injured in an Automobile Accident for $850,000.
Dec 14, 2007
OUTCOME: $850,000 Settlement
The plaintiff was injured in an automobile accident when another vehicle struck his car while he was proceeding up the Route 287 South exit ramp after exiting Route 22 East in Bridgewater, New Jersey. ... The defendant was in the left lane on the entrance ramp to Route 287 South when he realized that he had improperly exited Route 22. Without looking to his right, the defendant made a sudden lane change into the driver's side of the plaintiff's vehicle in an attempt to re-enter Route 22.
After two years of conservative care failed to alleviate the plaintiff's lower back injuries, he underwent lumbar spine surgery on August 14, 2002. Postoperatively, he developed several blood clots, which in turn resulted in post-phlebitic syndrome. After minimal relief, the spinal surgery itself failed. The plaintiff's condition continued to deteriorate, and in February of 2005, he could no longer report to work. He was declared disabled by Social Security.
The Underinsured Motorist claim resolved during a voluntary mediation. The plaintiff was represented by lawyer John Ratkowitz during the initial litgation and throughout the arbitration process.
Car accident
Starr Gern Law Firm Obtains $2.6 Million Jury Verdict on Behalf of Man Injured in Automobile Accident.
Jan 27, 2007
OUTCOME: $2.6 Million Verdict
On July 18, 2001, the plaintiff was forced into a concrete divider while traveling eastbound on Route 46 in Totowa, New Jersey, when an unidentified driver attempted to pass him in the left-hand should...er of the road. The plaintiff sustained herniated discs at the L4-5 and L5-S1 levels of the spine, superimposed on pre-existing degenerative disc disease. He also sustained a cervical disc herniation, and a re-tear of the right rotator cuff, which had been the subject of three surgeries prior to the accident.
The plaintiff underwent intermittent conservative care for his injuries over a period of two years, culminating in a series of epidural cortisone injections into the lumbar spine. Finally, on July 23, 2003, he underwent an intradiscal electrotheramal therapy (IDET) procedure. Ultimately, after some measure of improvement, the plaintiff's condition returned back to baseline.
The case went through Uninsured Motorist Arbitration and an award of $92,5000 was entered on the $100,000 available policy limits. The insurance carrier's arbitrator disagreed on the amount of damages. On April 15, 2001, the insurance company advised that it was rejecting the arbitration award. Instead, they voluntarily paid $50,000 to the plaintiff following the arbitration hearing. Just prior to trial, the carrier offered an additional $25,000 to settle the case, bringing their offer up to $75,000 of the $100,000 available policy limits. The plaintiffs declined this offer.
John Ratkowitz tried the case before a jury in Newark, New Jersey, for three days.
Medical malpractice
Starr, Gern Obtains Confidential Medical Malpractice Settlement on Behalf of Estate of Pediatrician.
Aug 03, 2005
OUTCOME: Settlement (Confidential)
The plaintiff had been under the care of the defendant physician for two years when, on January 4, 2001, she reported to his office complaining of a lump in her breast. Additionally, since she was a ph...ysician, she reported that she had also examined her own lymph nodes, and could palpate the lymph nodes in her left axilla. The defendant OBGYN advised her that these findings were due to the fact that she had recently lost weight, and he advised her to have her next mammography exam as scheduled and report back following the study.
On April 4, 2001, the plaintiff reported back to the defendant indicating that she still felt the lump in her breast, and still felt palpable lymph nodes. This time, the defendant doctor felt the lump, but indicated that the lump was so small that the plaintiff had nothing to worry about. Having been twice told she was over-reacting, the plaintiff followed her doctor's advice.
The plaintiff returned to the doctor five months later, advising the defendant that she was having pain in the area of her nipple for the last week, and she felt the lump and it appeared to have grown. At this point, the OBGYN referred the plaintiff for an ultrasound, which was read as showing a hypoechoic irregular solid nodule corresponding to palpable abnormality in the breast. The findings were said to be suspicious for malignancy and surgical excision was recommended.
During a workup for postoperative chemotherapy, a CT scan revealed that the plaintiff had multiple liver metastasises. Tragically, the plaintiff was diagnosed with terminal metastatic breast cancer. She passed away during the course of the litigation.
Attorneys Amos Gern and John Ratkowitz resolved the case after discovery concluded.
Car accident
Starr Gern obtains $450,000 for Plaintiff Suffering Severe Hip Injury.
Feb 07, 2005
OUTCOME: $450,000 Settlement
The settlement was reached on December 4, 2004, during a post- mediation settlement conference. The matter was scheduled to be tried in the Hudson County Superior Court on February 7, 2005. The settlem...ent followed an October 22, 2004 mediation hearing.
The accident occurred on June 6, 2002, as the plaintiff was exiting a commuter bus. The plaintiff paid his fare and descended the stairs of the bus, waiting for the doors to open so that he could exit. After the doors opened, he realized in mid-step that the bus was still moving. He attempted to stop his forward motion, but the momentum of the slowing bus pitched him forward and to his left out the front door. He landed first on his left foot, but his leg collapsed underneath him and he fell to his left side, sustaining multiple fractures of the hip and pelvis that required extensive reconstructive surgery at Columbia Presbyterian Hospital. The surgery was followed by a thirty-day hospital admission and extensive rehabilitation therapy.
The plaintiff advised the responding officers at the scene that he simply fell, and that the accident was nobody's fault. Despite this, he also repeatedly and consistently informed health care providers immediately after the accident that he fell when attempting to exit a moving bus. The defendants denied that the bus was moving. Both sides retained biomechanical experts to address this factual dispute.
In the midst of the bodily injury litigation, a declaratory judgment action was filed by the insurance company for the defendant carrier, in an attempt to deny coverage for the accident.
In addition to a biomechanical expert, the plaintiff retained an expert in bus safety. The plaintiff also had an orthopedic, a neurology and a urology expert who were prepared to testify about the plaintiff's injuries.
Attorney John Ratkowitz represented the plaintiff throughout the course of the litigation and in the declaratory judgment action.
Medical malpractice
Starr Gern Reaches Confidential Medical Malpractice Settlement After Heart Surgery Patient Loses Vision.
Apr 15, 2004
OUTCOME: Settlement (Confidential).
It was the contention of the plaintiff that he was inadequately monitored following heart surgery. Specifically, the plaintiff maintained that because his operating heart surgeon left town shortly afte...r the surgery, there was no designated attending physician monitoring his care postoperatively. As a result, when the plaintiff's hemoglobin and hematocrit levels dropped steadily, this fact went unnoticed, resulting in significant anemia. Simultaneously, the plaintiff developed congestive heart failure which further compromised his oxygen carrying capacity.
Six days following his bypass surgery, the plaintiff was walking in the hallway at the hospital, as he was encouraged to do this by medical staff. At the time he was markedly anemic with reduction in oxygen carrying capacity for the supply of blood to his body tissues, he had a low mean arterial pressure during the day, and had also received a dose of a potent beta adrenergic blocking agent. He had atelectasis of his left lower lobe and auscultatory findings of rhonchi. As he was walking in the corridor, he noted a decrease in his vision which he described as cloudiness in his eyes. He was dizzy and had a headache. He complained of blurred vision and black spots in front of his eyes, which progressed to the point of almost complete blindness.
It was the position of the plaintiff's expert that the group system used by the defendants to provide postoperative care to the plaintiff resulted in a complete lack of continuity of care, a lack of thorough knowledge of the patient, the untimely acquisition of results of laboratory studies and the failure to follow up on postoperative orders, and that all of these things were below accepted standards of medical care and contributed to the plaintiff's visual deficit.
The case involved multiple medical experts from five different states. Attorneys Amos Gern and John Ratkowitz were able to settle the case after the depositions of the experts concluded.
Medical malpractice
Starr Gern Reaches $600,000 Settlement After Two Days of Trial for Plaintiff Suffering Vision Loss After Eye Surgery
Jun 26, 2003
OUTCOME: $600,000 Settlement at Trial
On March 3, 1998, the plaintiff reported to his regular ophthalmologist with an emergency that had begun four days earlier when he developed large floaters in his left eye accompanied by flashing and l...imited visual acuity. He further complained of having developed a black spot in the left temporal periphery of the left eye which began on March 2, 1998 and continued. The ophthalmologist examined the eye and diagnosed a retinal detachment, which he drew in a fundus drawing of the eye (clock-like) as encompassing an area of 2 clock hours. He also found retinal folds and a possible retinal tear. As a result of his findings that evening, the ophthalmologist immediately called the defendant retinal specialist in his group and advised her of his findings. An appointment was arranged for the very next morning (March 4, 1998 at 9:00 a.m.), and according to the plaintiff, he was advised by his ophthalmologist to prepare himself for emergency retinal surgery. As a result, the plaintiff, accompanied by his wife, consulted the retinal specialist the morning of March 4, 1998 . He had intentionally not eaten so that emergency surgery could take place. By the time he was examined again, his retinal detachment that had more than doubled in size and now encompassed approximately 5 clock hours on the fundus drawing made by the defendant. She also found a 2 clock hour retinal tear with a rolled posterior edge. At the same time, she noted lattice degeneration (a thinning of the retina) in the left eye and made a note that she would have to examine the right eye in due course to determine if a similar condition existed in that eye. In spite of the severe risk of further deterioration to the left eye, the defendant did not perform surgery on March 4, 1998, and instead arranged for surgery the following day, which did not begin until after 2 p.m. Although the defendant alleged that no hospital operative suite was available to do the surgery on March 4, 1998, testimony would have been presented by the plaintiff from a former employee of the hospital that one was available on March 4, 1998. Also, written procedures were in place to allow a physician with an emergency patient to bump other surgeries. In the days following the surgery, the plaintiff continued to have severe vitreous hemorrhage to the point where the retina could not be adequately examined without ultrasound. It was not until March 20, 1998 that the defendant determined that the vitrectomy was necessary to alleviate the plaintiff's conditions, at which point surgery was scheduled for March 25, 1998. Unfortunately, by that time, the plaintiff had developed a total retinal detachment involving all 12 clock hours of the fundus, and now was detached at the macula, which is the center of fine detailed vision in the eye. Further, the second retinal tear which had been found during the March 5, 1998 surgery at the top of the left eye, had now also become a giant retinal tear. Following the March 25, 1998 surgery, the plaintiff continued to deteriorate and developed a complete deterioration of the eye which caused it to shrink and become useless. A year later, the eye was surgically removed and plaintiff now has a prosthetic eye on the left side. Attorneys Amos Gern and John Ratkowitz resolved the case after two days of trial.
Personal injury
Starr Gern Reaches $675,000 Settlement for Ironworker Suffering Multiple Comminuted Fractures of the Spine.
Oct 16, 2001
OUTCOME: $675,000 Settlement
The plaintiff was a journeyman ironworker performing steel connection work on a warehouse being erected in Monmouth Junction, New Jersey. The plaintiff's employer hired a crane operator, to provide cra...nes and a crane operator to lift the steel to the location where the ironworkers were erecting the warehouse. On the afternoon of the accident, the plaintiff was working with another ironworker, connecting steel bar joists to the bay structure of the warehouse. A steel bar joist was delivered by the crane operator in a sudden manner, without warning, without the customary hand signals from the ironworkers, and at a high rate of speed angled directly at the plaintiff, who was not tied off in any manner. While attempting to deflect the joist, the plaintiff's work glove became caught and he was pulled off the structure. There was no fall protection in place for the ironworkers at the site, and the plaintiff fell 45 feet to the ground below sustaining multiple comminuted spinal fractures.
At the time of the accident, the general contractor and the subcontractor all failed to provide proper fall protection in compliance with OSHA requirements. No static lines or other means were provided to tie off a body harness-tether while the ironworkers were up on the steel. Further, no safety nets were installed. The sole means of fall protection in place for ironworkers at the site was the use of manlifts, which were inadequate in number and not properly maintained. Although the ironworkers were customarily brought up to the steel structure by the use of manlifts, these devices were not left in place to allow the ironworkers to work from an attached basket so as to permit them to tie off with a body harness-tether device as fall protection. The manlifts were further impeded by wet and uneven ground conditions which made it difficult to properly locate the devices and caused them to get stuck in the mud. Due to the inadequacy of the fall protection system in place, ironworkers were routinely permitted to stand on the steel to make connections while not protected from falls in any manner. In fact, they were actually encouraged to wear full body harnesses, without tether straps and without a means of tying off, to give the appearance that they had fall protection, in the event OSHA inspectors came to the construction site. Attorneys Amos Gern and John Ratkowitz were able to resolve the case after expert depositions.
Medical malpractice
Starr Gern Obtains $1.2 Million Dollar Medical Malpractice Verdict Following Negligent Stenting Procedure.
Jun 10, 2001
OUTCOME: $1.2 Million Verdict
The jury found that the defendant, an interventional radiologist, had negligently performed the bilateral iliac stenting procedure at a Morris County hospital on November 14, 1995 The plaintiff had pre...viously undergone a diagnostic arteriogram for evaluation of left lower extremity ischemia, or loss of blood flow, the same day. This demonstrated an irregular moderately severe left common iliac artery stenosis, a left superficial femoral artery occlusion, as well as a moderate right common iliac artery stenosis.
As a result, it was decided by the interventional radiologist that the plaintiff required placement of arterial stents at the level of the bilateral stenoses to improve or reestablish blood flow. Arterial sheaths were then advanced beyond the stenoses. Bilateral balloon expandable stents were then advanced within the sheaths to the level of the stenosis, in what is known as a "kissing balloon" technique. This is a procedure designed to expand both of the iliac arteries at the same time, to avoid having arteriosclerotic plaque pushed over to one side or the other, thereby causing other complications. Without adequately pulling back the sheaths, both balloons were expanded within the sheaths, resulting in a stretching of the sheaths and an immediate obstruction of the blood flow to both lower extremities. This then required emergency aortobifemoral bypass surgery and stent removal by a vascular surgeon.
The emergency surgery required extensive incisions along both femoral arteries and a 29 cm. abdominal incision to below the umbilicus, in order to remove the obstructing stents. Further, to re-establish blood flow, it was necessary for the vascular surgeon to perform a graft from the aorta to the femoral arteries using an artificial Dacron graft.
As a result of the emergency surgery, the plaintiff was required to remain hospitalized for twelve days, with numerous complications, which would not have occurred had the angioplasty/stenting procedure been performed properly as a same day outpatient procedure.
Further, while the plaintiff remained in the hospital, he developed a hospital-borne infection, known as a methycillin resistant staph abscess (MRSA) in his left foot. The infected foot resulted in a substantial loss of tissue, later fractures of the heel from osteomyelitis, (an infection of the bone) all of which required extensive plastic surgery and reconstruction. Ultimately, a large free flap of muscle from the abdomen was grafted onto his foot in order to revascularize the foot, fight off the osteomyelitis infection, and allow it to heal. The free flap graft was covered with split thickness skin grafts obtained from his right thigh and covered the open wound of the left foot. As a result of the deformities to the left lower extremity, the plaintiff became totally disabled from his employment.
The matter was tried over a four week period, and for 18 trial days.
The plaintiff's were represented by Amos Gern, Esq. and John J. Ratkowitz, Esq.
Car accident
Starr Gern Negotiates $450,000 Settlement for man Requiring Spinal Surgery Following Automobile Accident.
Jun 01, 2001
OUTCOME: $450,000
On April 13, 1996, the defendant tortfeasor was traveling west on Washington Street in Glen Ridge, New Jersey, when he entered the intersection of Washington Street and Ridgewood Avenue and collided wi...th the plaintiff's vehicle. Although each party maintained that they had the right of way in the intersection, evidence produced during discovery indicated that the defendant entered the intersection against a red light.
Prior to the April 13, 1996 automobile accident, the plaintiff had undergone multiple surgical procedures related to a pre-existing work related injury sustained in 1987. A laminectomy, discectomy, and foraminotomy were performed at the L4-L5 level of his lumbar spine on July 7, 1989. During this procedure, a bilateral fusion was also attempted from L3 through L5 with the insertion of bone graft from the right iliac crest and a spinal stimulator. The fusion ultimately failed, and another bilateral fusion was performed on December 16, 1992, all prior to the current claim.
Following the April 13, 1996 automobile accident, the plaintiff treated conservatively for seven months. He then underwent a series of seven epidural steroid injections in his lumbar spine over a two year period between November 1996 and November 1998. Ultimately, he came under the orthopedic care of a spinal surgeon in Montclair, New Jersey in 1999. This surgeon diagnosed the plaintiff with a disruption of a fibrous union that had formed since his previous surgery of 1992. On March 1, 1999, a third surgery was performed, which included removal of the posterior lumbar L3-L4 and L4-L5 segmental instrumentations, reinsertion of the L3-L4 and L5 pedicle screws and rods, posterior bilateral arthrodesis at L3-L4 and L4-L5, implantation of an internal bone stimulator and an anterior lumbar arthrodesis at L3-L4 and L4-L5.
The plaintiff, a father of two, had been employed as a "starter" or building doorman. He stopped working almost three years after the April 13, 1996 automobile accident, and never returned to employment.
The underlying case failed to settle initially despite the catastrophic nature of the plaintiff's injuries because the defense disputed liability, maintaining that the plaintiff ran the red light at the intersection. Further, the defense took the position that the plaintiff's injuries were not causally related to the accident.
John Ratkowitz settled the case for the available insurance policy limits of the defendant soon after the case was listed for trial.
Car accident
Starr Gern Recovers $750,000 Settlement in Wrongful Death Case Involving Automobile Negligence.
May 31, 2000
OUTCOME: $750,000 Settlement
On the day of the accident, the decedent and his wife, were traveling east on Sound Avenue in the village of Riverhead approaching its intersection with Northville Turnpike. The decedent was operating... the vehicle, and his wife was a front seat passenger. The defendant was operating his vehicle west on Sound Avenue, and both vehicles were within the lawful speed limit at the time. As the two vehicles approached each other, the defendant attempted to turn left across the eastbound lane in front of the plaintiffs' vehicle. Neither the defendant, nor his passenger wife, saw the plaintiffs' vehicle prior to impact, in spite of a clear, unobstructed view. The vehicles collided immediately as the defendant's vehicle entered the plaintiffs' lane, resulting in left front damage to each vehicle.
Following the collision the plaintiffs were taken by ambulance to the emergency room of Central Suffolk Hospital in Riverhead, New York, where both were admitted. The decedent plaintiff was immediately transferred to a regional trauma center at University Hospital in Stony Brook, New York. While at University Hospital, he was placed in the surgical ICU for approximately two months, during which time he was on a respirator for approximately six weeks. He underwent two neurosurgical procedures for subdural hematomas and hygromas. While hospitalized, he sustained a myocardial infarction, and was treated for multiple traumatic orthopedic injuries, including fractures of the left patella, right tibial plateau, left distal radius, right clavicle, left ischium, and multiple head injuries. After discharge from University Hospital, he was transferred to a rehabilitation facility and to other institutions for physical therapy, cognitive therapy and related treatment through June 1997. He was released approximately seven months post accident. Upon discharge to his home, he remained on home therapy and was confined to a wheelchair, having lost the ability to ambulate. As a result of his numerous traumatic injuries, and in particular his head injuries and myocardial infarction, the decedent suffered a cerebral stroke on June 21, 1998, which led to his eventual death.
The decedent's passenger wife was treated for a spiral fracture of the right humeral shaft, acute cervical strain, concussion, traumatic synovitis of the knees, multiple contusions and abrasions, severe ecchymosis of the face and eye orbit, traumatic left hemorrhage of the eye, and fractures of numerous ribs on the left side. She was subsequently admitted to another hospital six weeks later for pneumonia and thrombophlebitis, resulting from her sedentary condition and an aggravation of an underlying vascular problem.
While the defense did not dispute its insured's liability with respect to operation of the vehicle, a seatbelt defense was asserted on the issue of proximate cause for the injuries sustained by the plaintiffs.
Amos Gern represented the plaintiffs. John Ratkowitz assisted on the briefs.
