Attorney Andrew J Rossetti's Legal Cases

Medical malpractice

Medical Malpractice

Oct 15, 2013

OUTCOME: 750k Jury Verdict

750,000 VERDICT MED MAL TRIAL Andrew Rossetti, from Rossetti and Devoto P.C. tried a two-week medical malpractice case before the Honorable Anthony Pugliese. Rossetti alleged that the OB/GYN surg ... eon failed to protect the small bowel during a c-section. Her failure to protect the bowel resulted in an injury to the bowel causing bowel contents to spill into the abdominal cavity. The bacteria-laden contents infected the plaintiff to the point of peritonitis which progressed to sepsis. The sepsis caused cardiac instability and respiratory problems and led to the formation of abscesses in the plaintiff’s abdomen. The plaintiff required two, otherwise unnecessary, surgeries to repair the bowel and try to clear the infection. There was also two procedures performed in which drains were placed in several of the abscesses to permit them to drain. The plaintiff remained in the hospital for approximately one month until she was discharged. The plaintiff was left with a large scar from the exploratory repair surgery and was discharged with a golf-ball-sized abscess still in her abdomen. That abscess took three years to resolve. The plaintiff also alleged that the abdominal surgeries aggravated her preexisting spinal pain associated with an earlier fusion from an accident in 2003. The defendant alleged that the injury to the small bowel was an accepted complication of a c section. They alleged that the doctor was not negligent and that the injury likely occurred during manipulation of the uterus in an area that was not visible to the surgeon. The jury deliberated for 3 ½ hours and returned a unanimous verdict 8 – 0 that the defendant deviated from the standard of care and that her deviation was a proximate cause of plaintiff’s injuries. The jury awarded $750,000.00 in damages and pre-judgment interest as well as Medicare liens will be added to that number.

Personal injury

2.25 million

Jan 18, 2011

OUTCOME: 2.25 Million

CAMDEN SETTLES FOR $2,225,000.00 OVER MISSING BOYS FOUND INSIDE OF CAR TRUNK The parents of little Daniel Agosto (6 y.o.a.)Jesstin Pagan (5 y.o.a.) and Anibal Cruz 11 y.o.a.) have settled a law ... suit against The City of Camden. They previously settled with Toyota Motor Corporation for a confidential amount. On June 23rd , 2005 Daniel, Jesstin and Anibal tragically and needlessly suffocated and died in the trunk of a 1992 Toyota Camry. The Agosto’s were represented by Andrew J. Rossetti of Rossetti & DeVoto, P.C. The $2,225,000 settlement was reached on the eve of the return day of motions by Camden to dismiss the case and by the plaintiff’s to seek a judicial determination that Camden was liable. The lawsuit alleged that the tragic death was preventable, if the Camden Police Department had taken reasonable and necessary steps to follow the proper procedures when searching for a missing child, as well as instituted adequate training and supervision of their officers. The Camden Police Department never checked the interior of the 1992 Toyota which was parked in the yard where the boys were last seen playing. Andrew Rossetti said, a Camden officer was at the car just a few hours after the boys went missing and the boys were still alive at that time, according to the Camden County Coroner. However, all the officer did was shine a flashlight into the car instead of searching the interior and trunk pursuant to Camden policy. According to Rossetti, she also failed to notice that the shoes the boys were wearing when reported missing were in plain view on the front and rear seat of the vehicle. Despite this clearly deficient search the officer told supervisors “the car was clear”. There were better than 50 exhaustive depositions conducted of virtually every officer that had contact with this search or responsibility for policies at Camden. Those depositions revealed many inconsistencies between officers of accounts of what happened and what policies were to be followed. They also revealed that Camden had a woefully deficient one and a half page search policy while the state and the rest of the country were following a much more comprehensive search policy for missing children. “There has been a longstanding deficiency in the policies, procedures, training, and supervision of the Camden Police Department. It dates back to 1996 when the Division of Criminal Justice first criticized the operations of the police department.” The original division of criminal justice report as well as subsequent reports in 1998 and 2002 were virtually ignored by the police department. Camden defended the case by blaming the parents for not watching the kids more closely. However, one mom was just outside the yard and only 50 feet from where the boys went missing when this happened. The Camden County Prosecutor assembled a panel after the boys were found that concluded you cannot rely on the parents in this panicked situation, you can try to get information from them but as trained professionals there should be a organized search and the boys should have been found. Rossetti and the other attorneys conducted a mock jury trial of the case in Philadelphia. Both juries found Camden at fault and did not blame the Agosto's at all for what had occurred. The purpose of the mock jury trial was to determine whether Camden’s defenses would hold water with a Jury. The results would enable our clients to make an informed decision on when and at what mount to settle. While the family of Daniel will never recover from this tragic event the parents do feel vindicated by Camden settlement and the determination of the two mock jury trials. They also were pleased that the deficient policies were exposed through our case and in the media which caused a review of the missing persons policy.

Andrew J Rossetti's Legal Cases (2)

Medical Malpractice

2.25 million