Daily Archives: May 10, 2015

$ 500,000 Payment for Slip & Fall Head Injury

A restaurant provided poor lighting and handrails for restaurant visitors. Consequently, one person had a slip and fall, injuring the head and experiencing subdural hematoma. The victim sued the restaurant and won one half a million dollars for personal injuries, thanks to New York’s finest injury lawyers. Read about this $4.5 Million Slip and Fall accident.


Photo by U.S. Navy photo by Mass Communication Specialist 2nd Class Michael C. Barton [Public domain], via Wikimedia Commons

$ 550,000 Assault - Victim Hit by Pool Cube

An aggressor hit a person at a bar, using a pool cube. The victim suffered hearing loss and other personal injuries. The victim contacted Manhattan’s top injury attorneys, sued the aggressor, and recovered over a half a million dollars. Got hurt? Contact the best legal help you can get.

Also learn about a pedestrian who was injured in an assault with a car.


Photo by Paul Goyette (http://flickr.com/photos/pgoyette/162333365/) [CC-BY-SA-2.0], via Wikimedia Commons

$ 600,000 Payment for Motorcycle Injury Due to Faulty Repair

Make sure you can count on your repair shop to properly maintain and repair your motor vehicle. A motorcycle driver brought a bike in for repairs. The shop provided defective repair services. The driver then took the bike on the road and the brakes failed to properly work. The driver consequently sustained severe fractures and personal injury. Read about other motorcycle injuries.


Photo by Chmee2 (Own work) [GFDL, CC-BY-SA-3.0 or CC-BY-SA-2.5-2.0-1.0], via Wikimedia Commons

$ 625,000 for Motor Car Accident Victim Who Sustained Wrist Injury

Ever get hit in your car, while waiting at a red light? This victim was rear-ended in motor vehicle accident. The victim contacted New York’s winning personal injury attorneys to recover from her injuries, including reflex sympathetic dystrophy (RSD) in her right wrist. Reflex sympathetic dystrophy is often also called Complex Regional Pain Syndrome, or CRPS.

Motor vehicle accidents happen all the time. Be sure to get help and maximize your rights to compensation by speaking with an injury lawyer with expertise in New York accident law.


Photo by Mohsan Dabiri-e Vaziri (Own work) [CC-BY-2.5], via Wikimedia Commons

$ 1,900,000 Compensation for Pedestrian Bus Accident - New York Transit Authority

A New York City Transit Authority bus hit an elderly person, and caused traumatic brain injury. The pedestrian victim recovered $1.9 Million from the pedestrian knockdown, thanks to New York NY’s top injury attorneys. Read about more personal injury case victories. Also learn more about brain injuries and compensation.


Photo by AEMoreira042281 (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

$ 3 Million - Meningitis Medical Malpractice - Hospital's Failure to Diagnose

Meningitis is a life-threatening condition. It involves an inflammation of the protective membranes covering the brain and spinal cord. Meningitis is classified as a medical emergency. When a hospital failed to diagnose a case of Meningitis for a two year old patient, the family turned to New York’s toughest personal injury attorneys. The lawyers successfully proved that the medical negligence caused by hospital error resulted in the girl suffering from hearing loss, mental deficiencies likely due to brain damage and infection. Fortunately, the family was compensated $3,000,000. Read about other failures to diagnose and medical malpractice.

Photo by 4028mdk09 (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

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Unspotted meningitis caused deafness, child’s mother alleged (VerdictSearch)

Settlement Amount: $3,000,000

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Court: Queens Supreme, Queens County, NY

Injury Type(s): other-meningitis; sensory/speech-hearing; loss of mental/psychological-cognition; impairment

Case Type: Medical Malpractice – Failure to Test, Failure to Diagnose

Date: June 23, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY


On Nov. 11, 1999, the plaintiff, a 1-year-old girl, was examined by her pediatrician, Dr. Bum Park. The baby was suffering a persistent fever, and Park determined that the fever was a product of tonsillitis. The baby’s mother was told that she could be reexamined when it became necessary.

During the ensuing hours, the girl’s fever reached 104 degrees Fahrenheit, and she began to vomit. She was transported to the emergency room of Elmhurst [N.Y.] Hospital Center. An X-ray revealed a potentially abnormal density of the little girl’s lungs, and doctors suspected that she could have been developing pneumonia. Thus, she was admitted to the hospital. Doctors also suspected that meningitis could have been developing, but they did not detect any abnormalities of the child’s meninges. She was administered an antibiotic.

During the third day of the baby’s hospitalization, a nurse observed that the child’s neck was stiffening. A test confirmed that the patient was suffering nuchal rigity — stiffness of the nape of the neck. Nuchal rigity is one of three symptoms of meningitis. The girl was also suffering a 102-degree fever. Doctors determined that a spinal tap would be performed if the fever persisted.

The child’s hospitalization ultimately lasted 14 days, and her body’s temperature always equaled or exceeded 100 degrees.

Two days after her discharge, doctors determined that the girl was suffering an acute and total loss of her ability to hear. A CT scan revealed that she was suffering damage of her ears’ cochleas. The child victim’s mother claimed that the damage was a result of untreated meningitis.

The mother, acting as parent and natural guardian, sued Park and Elmhurst Hospital Center’s operator, the New York City Health and Hospitals Corp. The mother alleged that Park and the hospital’s staff failed to diagnose the meningitis. She further alleged that the failures constituted medical malpractice.

Plaintiff’s counsel claimed that the girl’s nuchal rigity indicated that she may have been suffering meningitis. He contended that the symptom should have prompted immediate performance of a spinal tap or some other appropriate test. The plaintiff’s expert neonatologist opined that CT scans revealed that the cochlear damage was a result of ossification that was caused by a bacterial infection.

Park’s records did not clearly indicate the scope of his Nov. 11 examination of the child. He initially contended that the examination may have included performance of tests that detect meningitis, but he ultimately acknowledged that he could not recall having performed such tests. However, Park’s medical expert opined that Park’s treatment did not deviate from accepted standards of care. The expert also opined that the child’s permanent injury was not a product of Park’s actions or inactions.

Park’s counsel moved for summary judgment. The motion was denied, but the appellate division, Second Department, reversed. Thus, the matter proceeded against New York City Health and Hospitals.

New York City Health and Hospitals’ counsel contended that Elmhurst Hospital Center’s staff appropriately treated the patient. He claimed that the baby’s symptoms did not warrant additional treatment.

New York City Health and Hospitals’ also moved for summary judgment. He challenged plaintiff’s counsel’s submission of a supplemental bill of particulars, but his motion was denied.


Plaintiff’s counsel claimed that the child victim suffered meningitis that caused damage of her ears’ cochleas. He contended that the damage led to an acute, permanent and total loss of her auditory ability. He noted that the loss occurred during the child’s early formative years, and he claimed that the resultant handicap impaired her cognitive development.

The girl’s mother sought recovery of damages for her daughter’s past and future pain and suffering.

Defense counsel contended that the child’s cochlear damage was a congenital defect.


The parties negotiated a $3 Million pretrial settlement.

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Judge: David Elliot

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

$ 3.4 Million Dollar - Medical Malpractice - Failure to Diagnose

Failure to diagnose an infection in a child’s hips resulted in orthopedic injury with permanent disability. Top Injury Attorneys at Morrison & Wagner helped the injured party receive rightful compensation in the amount of $3,425,000. How common is a failure to diagnose? Approximately 40% of all medical malpractice claims involve a failure to diagnose some kind of condition (data). If you or a loved one experience medical malpractice, contact an experienced injury attorney right away. Read more about other cases of medical malpractice and physician error.

Illustrative Photo Credit: Elisa Self [License]

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Unspotted infection claimed child’s hips, mother alleged (VerdictSearch)

Settlement Amount: $3,425,000

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Court: Kings Supreme, Kings County, New York

Case Type: Medical Malpractice – Childbirth, Failure to Diagnose

Date: July 26, 2006

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY, for Plaintiff, and daughter
Eric H. Morrison; Morrison & Wagner; New York, NY, for Plaintiff, and daughter

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On Nov. 24, 2002, the Plaintiff, a pregnant woman in her first trimester of gestation, presented to Maimonides Medical Center, in Brooklyn, experiencing contractions. Several hours later she gave birth to premature twin daughters. The first baby was born with Apgar scores of 9, and 9. (Editor’s note: The Apgar system scores an infant’s physical condition during the first minutes of life. The infant’s heart rate, respiration, muscle tone, stimulated responses, and color are graded zero, one or two. Thus, the maximum total score is 10. A low score indicates that the infant requires immediate, lifesaving attention.)

As a result of her premature birth, the baby was admitted into the hospital’s neonatology unit and was diagnosed with sepsis, growth retardation and prematurity. After more than 30 days in the neonatal intensive-care unit, she was released with a clean bill of health. Thereafter, the baby’s parents noticed that she was not turning like her twin sister was. The baby girl’s pediatrician noticed problems with her hips, and she was referred to a pediatric orthopedist. Upon examination, the orthopedist determined that the baby had no hip joints on both the left and right sides.

The Plaintiff, acting individually and on her daughter’s behalf, sued the hospital and the attending physicians. She alleged that the defendants failed to diagnose the condition and that their failures constituted medical malpractice.

The plaintiff’s expert pediatric orthopedist determined that the internist who examined the baby on her fourth day made the correct diagnosis and noted that the area was “swollen and painful.” They contended that this constituted an orthopedic emergency and warranted an immediate orthopedic consultation. Plaintiffs’ counsel also determined that the consultation would have resulted in a hip aspiration and removal of the bacteria that caused the infection. He further opined that the septic arthritis or osteomyelitis, an inflammation of the bone caused by a pathogenic organism, was not diagnosed and also demonstrated the defendants’ failure to appreciate the infant’s symptoms.

The defendants claimed that they did not depart from the standard of care. Defense counsel argued that the infant was provided timely and directed hip examinations following the intern’s note and that no symptoms justified an orthopedic consultation.


Plaintiffs’ counsel claimed that the delayed diagnosis led to an infection that caused the complete deterioration of the little girl’s hip joints, resulting in a permanent disability. The girl, now 4, walks with an altered gait. Although she does not wear a brace, she requires fusion surgery on both hips. The surgery can not be performed until after she reaches puberty, and she also requires revision surgery over the course of her lifetime.

The victim’s vocational life-planning expert determined that she will have profound vocational and occupational consequences and will have difficulty finding meaningful employment.

Plaintiffs’ counsel sought recovery of an unspecified amount of damages for past and future medical costs, lost wages, and pain and suffering.

The defense claimed the girl does not need revision surgeries and will be able to lead a normal productive life.


The parties agreed to a $3,425,000 pretrial settlement. The hospital’s insurer will contribute the entire amount. The attending doctors were stipulated out.

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Judge: Gerard H. Rosenberg