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May 10, 2015 Case Success Stories
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$ 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

May 10, 2015 Case Success Stories
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$ 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

May 10, 2015 Case Success Stories
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$ 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

May 10, 2015 Case Success Stories
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$ 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

May 10, 2015 Case Success Stories
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$ 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

May 10, 2015 Case Success Stories
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$ 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

Facts:

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.

Injury:

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.

Result:

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.

May 10, 2015 Case Success Stories
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$ 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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Facts:

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.

Injury:

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.

Result:

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

April 27, 2015 Case Success Stories
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$ 4.5 Million Settlement - Premises Liability - Hole in Kitchen Floor Not Repaired

New York — A 38-year-old hospital cashier was in the apartment that she rented in the Bronx. While bringing a large saucepan to the sink in the kitchen, she stepped in an oval-shaped hole in the floor, causing her to trip and fall. As she fell, the woman spilled the boiling hot contents of the pan on herself, resulting in burn injuries in 18% of her body. The victim sued for damages that she suffered due to the accident injuries after consulting with the injury lawyers at Morrison & Wagner. The woman alleged that the defendants were negligent in their maintenance of the apartment and that their negligence created a dangerous condition. Justice prevailed and they reached a $4,580,000 settlement for the trip and fall victim.

Illustrative Photo by Chris Sampson [License]

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Hole in kitchen floor not timely repaired, tenant alleged (VerdictSearch)

Settlement Amount: $4,580,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): arm; arm-scar and/or disfigurement; leg; leg-scar and/or disfigurement; leg
burns-third degree; other-scar and/or disfigurement; surgeries/treatment-skin graft

Case Type: Premises Liability – Apartment, Trip and Fall, Tenant’s Injury, Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 4, 2007

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

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Facts:

On May 1, 2001, the plaintiff, 38, a hospital’s cashier, was in the apartment that she rented from Natasha and Hardial Singh and David and Surojni Farnum, at East 175th Street, in the Bronx. While the woman was bringing a large saucepan to the sink in the kitchen, she stepped in an oval-shaped hole in the floor, causing her to trip and fall. As she fell, the plaintiff spilled the boiling hot contents of the pan on herself, resulting in burns of her 18% of her body.

The accident victim and her family thought that she was a lawful tenant of the Singhs and Farnums. However, Wells Fargo Home Mortgage Inc. had acquired ownership of the property at a foreclosure sale on April 12, 2001, as a result of the Singhs’ and Farnums’ delinquency on their mortgage payments. No one notified the woman of the foreclosure until she received a notice of eviction from Wells Fargo two days after her accident.

The plaintiff sued Norwest Mortgage Inc., which was the original mortgagor before being acquired by Wells Fargo; the court-appointed receiver who received the property during the foreclosure action; the Singhs; and the Farnums. The injury victim alleged that the defendants were negligent in their maintenance of the apartment and that their negligence created a dangerous condition.

Wells Fargo commenced a third-party action against Mortgage Contracting Services. It alleged that it hired Mortgage Contracting Services to perform monthly inspections of the property and that Mortgage Contracting Services was at least partially responsible.

Mortgage Contracting Services commenced a second third-party action against Quantum FACS Inc., Caretaker Properties Co. and Red Hawk Properties. Mortgage Contracting Services alleged that it hired the third-party defendants to perform interior repairs on the property and that they failed to do so.

Caretaker Properties failed to appear at trial, and a default judgment was entered. The court-appointed receiver was dismissed via pretrial summary judgment because it was determined that she had no management duties for the property. The matter continued against the remaining defendants.

The plaintiff claimed that the defendants failed to repair the hole in her floor. She contended that the defendants had known of the problems with the kitchen because the City of New York’s Department of Housing Preservation and Development had regularly cited the Singhs and Farnums for code violations for hazardous disrepair to the premises, including her kitchen. She also contended that when employees from Quantum FACS and Red Hawk Properties had come by to perform repairs, she informed an inspector of the problems with her kitchen. The woman claimed that the original owners were negligent because they continued to falsely represent themselves as the owner of record and accept her rental payments. She also claimed that Wells Fargo was negligent because it was the true property owner.

The injured woman’s counsel claimed that he discovered that Wells Fargo had been penalized by the Department of Housing and Urban Development for failing to complete the foreclosure action within the time requirements of federal law.

The Singhs and Farnums contended that Wells Fargo’s acquisition at foreclosure six weeks before the woman’s accident relieved them of any subsequent liability for open and obvious defects of the premises. They further claimed that Mr. Farnum had abandoned the property shortly after the plaintiff’s family moved in and that his wife moved out one month before the accident. They moved to be let out of the case on summary judgment.

Wells Fargo contended that, as an out-of-possession owner, it had neither actual nor constructive notice, especially since it had never physically entered the premises. It alleged that Mortgage Contracting Services was responsible for any problems with the property because Mortgage Contracting Services was hired to inspect it. It also denied that it ever had contact or communication with anyone still living at the property. Wells Fargo also moved to be let out on summary judgment.

Mortgage Contracting Services asserted that its contractual responsibility to Wells Fargo was only to inspect the property from the outside and not to actually go inside or effect repairs. It also contended that it had reported to Wells Fargo that the building was occupied, but in disrepair and had hired Quantum FACS and Red Hawk Properties to do repairs that might need to be done, making them contractually indemnified. It also moved to be let out on summary judgment.

The court denied all motions for summary judgment.

Injury:

The plaintiff sustained third-degree burns throughout her legs, arms and torso. She was hospitalized for one month and underwent five separate split-thickness graft surgeries. She was left with keloid scarring of about 18% of her body surface, including her wrist, arms, legs and stomach.

The injured woman claimed that she missed three months of work as a result of her injuries. She did not need any follow-up care for her injuries after returning to work, but she claimed that she needed to see a psychiatrist on an outpatient basis five times over the ensuing five years. She sought recovery for damages for her past and future pain and suffering.

The defendants did not dispute the plaintiff’s burn scars as a result of her accident.

Result:

The matter went to mediation before retired judge Milton Mollen at JAMS/ENDISPUTE, but it settled outside of mediation for $4.58 Million prior to trial. Of the total settlement, Wells Fargo agreed to contribute $4.5 Million, and the insurer of the Farnums and the Singhs agreed to contribute $80,000 from its $100,000 policy.

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Judge: Douglas E. McKeon

Editor’s Comment:
This report is based on information that was provided by plaintiffs’ and counsel of the Farnums, Mortgage Contracting Services, Quantum FACS, Red Hawk Properties, the Singhs and Wells Fargo. Counsel of Caretaker Properties, the court-appointed receiver and Norwest Mortgage was not asked to contribute.