Vivona v Patel et al.

Oct 17, 2016

OUTCOME: Plaintiff's Verdict

2,070,000 for failure to diagnose colon cancer.

German v. Koi

Oct 23, 2015

OUTCOME: Plaintiff's Verdict

Took a $1,075,000 verdict in Nassau Supreme Court. The case involved a 43 year old gentleman who was involved in a car accident on 10/28/11. He was a passenger in a vehicle driving straight that was i ... nvolved in a t-bone collision with a vehicle who made a left turn into their lane of traffic. Unfortunately, the vehicle who made the left from the gas station, who clearly had liability for the accident, was insured by a New York state minimum $25,000 liability insurance policy. The host vehicle, driving straight, however, was insured by a $300,000 liability insurance policy. The $25,000 policy tendered the limits of their insurance pre-trial and the 300K policy took a "no-pay" position believing they would be let out with no liability. I used the photographs of the accident to establish points of impact and along with concessions made on cross-examination, I argued that the vehicle driving straight was speeding and in any event had ample opportunity to avoid the accident but failed to do so. The jury came back with a verdict of 65% liability against the big policy and 35% against the small policy. We then settled for 25k with the small policy and rejected the offer of 50K by the big policy and proceeded to a trial on damages. My client was 43 yrs old and suffered a herniated disc at L3/4 with spinal cord impingement. He is 5'8" and 254 lbs. He worked as delivery driver for staples and part of his job included lifting boxes weighing from 20 - 75 lbs. He had no history of medical treatment for his lower back, however, he had a medical history significant for neck and shoulder injuries from another car accident. He underwent a fluoroscopic laminectomy to treat his herniation. At the damages trial the defense argued that my client did not receive any treatment for his lower back at the ER after the accident, that his surgery was minimally invasive and that he went back to work which shows he made a good recovery. They argued that he did not suffer a "serious" injury as defined in the New York law and the case should be dismissed. I produced his treating surgeon, Sebastian Lattuga, who opined that my client had an L3/L4 herniation which was able to diagnose by reading the MRI and also using his surgical instruments intra-operatively. He testified that some of his symptoms (mostly his sciatica) were relieved by the surgery, that my client still has residual pain and reduced range of motion from the accident. The defense produced an orthopedic surgeon who examined my client and opined that he had a mild sprain which he recovered from. He further testified that my client's surgery was unnecessary and in any event, was minimally invasive. Importantly, the defense planned to bring in a radiologist who was going to opine that there was no herniation on the MRI following the accident. In analyzing the case for trial, I noticed that several of the technical requirements for admitting an MRI film into evidence were not met by the defense. Knowing that the facility where the MRI was taken is no longer in business (therefore making it very difficult to get the film in through alternative means), I waited until the morning the witness was to testify to point out the technical deficiencies in the defenses evidentiary foundation for the films. The judge reluctantly agreed that the MRI films could not be introduced as evidence. With the films precluded, I went for the kill. The jury came back with a verdict in my clients favor for $400,000 in past pain and suffering, $650,000 in future pain and suffering and $25,000 in past medical expenses.

Injured Electrician Recovers 1.97 Million Dollars

Mar 16, 2015

OUTCOME: Settled for 1.97 million dollars.

Electrician fell of of a baker's scaffold causing a fractured femur with surgery. I was able to win summary judgment and the case subsequently settled for 1.97 million dollars.

Vivona v. Patel

N/A

OUTCOME: Plaintiff's Verdict

Pina v. Montefiore Medical Center

N/A

OUTCOME: Plaintiff's Verdict

Depaolo v. Beth Israel Medical Center

N/A

OUTCOME: Plaintiff's Verdict