Medical Malpractice Failure to Timely Treat Hemorrhaging
N/A
OUTCOME: $2.3 Million Settlement
In this medical malpractice case, Blume Goldfaden principal, David M. Fried, represented a young woman who had a history of gastric ulcers. Having vomited a significant amount of blood, the woman prese...nted to the emergency room where her internal bleeding was diagnosed, and she was given fluids and blood transfusions. Despite her failure to respond to treatment, and other ongoing signs of internal hemorrhaging and severe blood loss, the treating doctors delayed in obtaining a surgical consultation. Numerous failures in communication among the treating doctors and the ongoing delays in obtaining the consultation and performing surgery to stop her bleeding, allowed the woman to have such extensive blood loss as to cause hemorrhagic shock and cardiorespiratory arrest. As a result of the cardiorespiratory arrest, the woman sustained a lack of oxygen to the brain, leaving her brain damaged and profoundly neurologically impaired. She is now 37 years of age and resides with her parents in Poland where she is bed ridden and requires round-the-clock care. Mr. Fried settled this medical negligence case for $2.3 million.
Personal injury
Construction Accident Ironworker Falls from Second Story
N/A
OUTCOME: $1,400,000 Settlement
Blume Goldfaden partner, David Fried, represented a 28 year old union ironworker. In June of 2005 he was employed by a company involved in construction of a commercial property in Paramus, New Jersey. ...A general contractor (GC) hired another company as the "prime" steel contractor (PC). That PC then in turn hired the company our client worked for, to fabricate and erect the steel structure.
At the time of the accident, our client was on the 2nd floor deck, approximately 23 feet above ground. He and a co-worker were spreading, or installing, the corrugated metal deck at that level. They were not using any form of fall protection, in violation of OSHA requirements.
Our client fell through an opening while installing the decking, and landed on the ground 23 feet below. He sustained a complex right elbow fracture, requiring multiple surgeries. He also sustained a severe right leg fracture, requiring surgery and hardware to stabilize the fracture, and he had a jaw fracture that needed to be wired shut. He was out of work for over 1 year, and when he returned to work, he was unable to perform all tasks of an ironworker, so he learned a new trade, and is now a welder, which means he still is part of the ironworker crew.
Medical bills were over $300,000., and the total worker’s compensation lien was approximately $440,000. (which David Fried was able to reduce to $275,000.).
David Fried argued that both the GC and the PC were responsible to institute and enforce a suitable fall protection plan, and knew the ironworkers were not utilizing necessary and required fall protection. Those 2 defendant companies in turn (the GC and PC), argued that our client and his employer knew of the requirements for and failed to utilize fall protection, and, that they were therefore negligent.
The case settled at mediation after two full day mediation sessions. The settlement was $1,400,000. The complex mediation addressed issues not only of the underlying case, but also those surrounding a "coverage action" between the parties.
Car accident
Motor Vehicle Accident Pedestrian Knockdown
N/A
OUTCOME: $1,650,000 Settlement
David Fried represented a woman who was 33 weeks pregnant. As the woman was crossing the street in 2005, she was struck by a motor vehicle exiting a parking garage. Liability was contested, as the driv...er claimed our client jumped out in front of him as he pulled out. The woman suffered brain bleeds, and needed emergent treatment. As a result, her baby was delivered by emergency C-section. She then underwent surgery to evacuate the bleed, and had an extensive admission for a brain injury. In addition, she had to undergo extensive in-patient and out-patient treatment for more than one year. Our client continues to have residual deficits which impact her speech, causing slurring of words. She also has balance problems which affect her walking. Unrelated to her injuries, our client was diagnosed in 2008 with cancer, and has been given a poor 5 year survival rate. As a result, the future damages, including the Life Care Plan prepared by an expert David worked with have limited relevance to this case. The baby is fine, and is now 4 years old and meeting all milestones. David settled this case for $1,650,000.
Personal injury
Inadequate Security Resulting in Assault/Gunshot Wound - Paralysis
N/A
OUTCOME: $2.75 Million Settlement
On March 30, 2002, the plaintiff, David Artis, who was 25 years old, went to White Castle on Elizabeth Avenue in Newark at approximately 1:30 AM. He and two friends went into the restaurant. The two fr...iends got on line, and Mr. Artis went into the men’s room. While he was in the rest room, the two friends became involved in a fight with two other unidentified patrons. When plaintiff came out of the rest room, the four were on the floor, fighting. Mr. Artis went to the aid of his friends, and hit one of the other participants with a bottle. The fight then was stopped by another unidentified person. It was determined that everyone should go outside, and this should be settled with one person from each side fighting a “fair one”, which means a fist fight. When they went outside, the man whom Mr. Artis hit with the bottle, got a gun and shot the plaintiff in the chest. The bullet severely damaged his spinal cord at the T-4 level, rendering him paralyzed from the mid-chest down.
White Castle had a surveillance camera system to record the activity on their property. It was not monitored, and was not used to anticipate confrontations, or to stop them. It was simply used to record the activity. For many years, White Castle had employed armed, uniformed, off-duty Newark police officers as security guards at this restaurant during the overnight hours; this due to their realization of the increased security risks and potential for trouble late at night. The main officer involved in working at this location, and providing others to work, retired at the end of 2001. Although White Castle representatives went to the Newark police precinct to try and recruit others, they could not get any police officers to work for them. They refused to hire private security guards, and although they were in the process of purchasing an interactive security system, they knew it would not be available for several months. White Castle elected to stay open 24 hours per day, 7 days a week during this period even though they knew they did not have adequate security.
Defendant White Castle claimed Mr. Artis was responsible for his injuries, since he involved himself in the fight, and used a bottle to strike one of the participants. They also claimed Mr. Artis had a gun when he was shot, and may have provoked the shooter. The Plaintiff denied he had a gun, and he only participated in the fight to assist his friends, since there was no security to prevent a fight or stop one once it started.
Mr. Artis is paralyzed from the level of his mid-chest downward. He has no bowel or bladder function. He developed fused hips as a complication of his paralysis, and underwent surgery to improve hip movement. He has had pressure sores (bed sores) and wounds at the area of his hip surgeries. He has had numerous hospital admissions to address these issues.
Mr. Artis was a student at the Chubb Institute, enrolled in a computer Web Design program. He could not complete his course of study due to his injuries, and has been unable to return to the program due to his medical complications. He anticipates returning to school in early 2007, as his wounds are now adequately healed for him to participate in this program. Mr. Artis’s vocational expert opined that he would have earned approximately $50K per year as a Web Designer, but in his compromised condition, even when he returns to work, he will only be able to earn approximately $20K per year.
A “Life Care Planner” evaluated Mr. Artis’ medical, equipment and assistance needs, and offered the opinion that he will require in excess of 3 million dollars to pay those costs over his lifetime. The Defendant’s Life Care Planner estimated the cost to be approximately 1.5 million dollars, and their economist reduced both their Life Care Plan and plaintiff’s employment losses to a total economic loss of $2M over his life time.
The case was scheduled for trial on October 3, 2006. David Fried settled the case during a pre-trial settlement conference, in the amount of 2.75 million dollars.
Personal injury
Elevator Accident
N/A
OUTCOME: $1.52 Million Settlement
An owner of a fabric warehouse was seriously injured when the cable controlling an elevator used as a lift snapped, causing it to fall while the plaintiff was riding it. The man, who is now 65, suffere...d compound fractures of both ankles and lower legs, requiring multiple surgeries. One of the surgical wounds became infected, resulting in a below the knee amputation of the right leg. It was claimed that the elevator was poorly maintained and was defective as it was designed without appropriate safety features, such as, a back-up cable or braking device. Blume Goldfaden partner, David Fried, handled the matter on behalf of the client.
