Verdicts & Settlements
Below is a representation of the various types of cases we have
either won verdicts on, or obtain settlements in behalf of our clients.
Dantas v. XYZ Hospital and Dr. John Doe. (1995) (Drug overdose)
A 34 year old female died while being treated by the defendant doctor
from an overdose of chemotherapy. The defendant oncologist made an
arithmetic error and then wrote orders for the decedent to receive four
times the required amount of a potent chemotherapeutic agent. One nurse
at the defendant hospital questioned the amount of the dosage to be
administered, but did not have the orders in front of her when she spoke
to the defendant doctor. The hospital pharmacist alleged that they tried
to reach the oncologist to question the order before sending the
medication to the nursing unit, but the doctor did not return their
calls. Plaintiff's expert nurse described the decedent's multiple
episodes of nausea and vomiting during administration of the
chemotherapy that were charted in the records. The oncologist stated,
"the patient tolerated her therapy superbly well and had absolutely no
complaints." Three days after the conclusion of the chemotherapy, the
decedent was readmitted to the hospital with complaints of poor
appetite, difficulty swallowing, nausea, vomiting and sore mouth. Three
days later she was transferred to intensive care with bleeding from her
eyes, mouth and gastrointestinal tract and massive diarrhea. Her skin
blistered and peeled off her body in many places. She also cried on
slight touch or movement. Only 13 doses of pain medication could be
given because her blood pressure was too low. She died 11 days after
admission. The parties disputed the decedent's chances of survival with
the defense arguing that it was 35% and the plaintiff maintaining a 65%
chance of survival. Settlement was reached on the day of trial on behalf
of the plaintiff, decedent's husband for 1.3 Million Dollars including a
structured settlement for plaintiff's children, 16 and 19 with a total
payout of 4 Million Dollars.
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Simeone v. Dr. X (1981) (Cancer - Delay in Diagnosis)
This was a case involving a 34-year-old male who went to a doctor for a
circumcision. The urologist who circumcised the plaintiff noted a small
wart on plaintiff's penis. The wart was excised and a biopsy was
performed. Plaintiff went back to his family doctor. His family doctor
neglected to order a follow up biopsy in 6 weeks. The pathologist
misread the pathology slides and the pathology slides showed a cancer.
It was contended by the plaintiff, Simeone that the pathologist had
deviated from accepted standards in misreading the pathology slides and
that the family doctor had deviated from accepted standards of care in
not sending the plaintiff back for a re-biopsy in 6 weeks. The defense
contended that the pathology slides were read appropriately, that the
family physician had acted in accordance with accepted standards of
medical care and that in any event it made absolutely no difference
because the plaintiff's injury was unavoidable. The plaintiff sustained
an amputation of his penis. Plaintiff Simeone authorized Larry L. Leifer
to settle case for $90,000.00 At the time of trial the matter was
settled for $280,000.00
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DeVito v. Dr. Y (1983) (General Surgery)
This was a medical malpractice case settled shortly before trial in
1983. Theresa DeVito's life had been saved by Dr. Y on one occasion when
he performed an emergency tracheotomy. Subsequently, the plaintiff was
scheduled for elective surgery and Dr. Y was called upon to perform a
temporary tracheotomy because Theresa DeVito had a very small short neck
and difficulty breathing which constituted an intubation risk and
required a tracheotomy. Defendant, Dr. Y, it was alleged, performed the
temporary tracheotomy at to high a site and plaintiff, Theresa DeVito
went on to suffer from tracheostenosis, multiple subsequent
hospitalizations and ended up with a permanent metal tube in her throat.
She ultimately died from a lack of ability to breathe some 10 years after
the case settled. The settlement was reached on the eve of trial and was
a structured settlement with a payout over Theresa DeVito's lifetime and
her surviving family members in the amount of approximately 4 Million
Dollars.
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Rose v. Dr. Z (1985) (Orthopedic Malpractice)
$425,000.00 verdict in a medical malpractice matter involving alleged
multiple deviations in treating a femur fractured as a result of a
motorcycle accident resulting in a 2 inch shortening of the leg. This
was a medical malpractice action in which the 33 year old plaintiff who
suffered a fracture of the femur in a motorcycle accident contended that
the defendant orthopedic surgeon negligently failed to utilize a drill
to ream out the intramedulary canal before inserting a Hanson-Street
intramedulary nail, resulting in the nail exerting excessive pressure on
the fracture causing a large butterfly fragment to exude from the
fracture site which resulted in the non-union and the significant
shortening of the leg. Plaintiff, Rose further contended that the
defendant failed to measure the intramedulary shaft prior to the
insertion of the nail and thereby probably utilized a nail which was
excessively large for the plaintiff’s canal, causing the split to widen.
Additionally, the plaintiff contended that the defendant failed to take
appropriate action to treat the butterfly fragment by either inserting a
simple screw or utilizing a wire to keep the fragment in place
contributing to the non-union. The plaintiff had also suffered a
fracture of the lower portion of the patella and the plaintiff further
contended that the defendant deviated in failing to treat this fracture
for 75 days following the accident, causing permanent instability in the
knee. Finally, the plaintiff contended that the defendant departed from
accepted standards of care in advising the plaintiff to place weight on
the leg when x-rays revealed insufficient union to justify such a course
of action.
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Garcia v. Dr. Jones, (1982) (ENT Surgery)
Settlement on the eve of trial for $250,000.00 for the partial paralysis
of Mrs. Garcia, who sustained nerve damage during tumor excision
surgery. Mrs. Garcia consulted defendant, ear, nose and throat
specialist, Dr. Jones for what she thought was a cyst on her neck.
Defendant, Dr. Jones diagnosed a tumor and performed excision surgery
following which plaintiff experienced severe pain and was unable to use
her left arm and hand. Plaintiffs condition was later diagnosed as
brachial plexus paralysis due to nerve root damage. Plaintiff brought
suit alleging unnecessary excision of a slow growing tumor, causing
significant impairment, negligent failure to recognize nerve involvement
before or during surgery and failure to consult a neurosurgeon.
Plaintiff, Irma Garcia authorized settlement in the amount of
$250,000.00.
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Dana Sedares v. Dr. Bowers (1993) (Breast Cancer)
This was a breast cancer medical malpractice case in which the
plaintiff, Dana Sedares came under the care of 2 treating gynecologists,
Dr. Pinderhuges and Dr. Bowers. She treated with them regularly.
Ultimately a small lump on the breast was diagnosed. Plaintiff was only
27 years old at the time. Plaintiff alleged that defendant, Dr. Bowers
deviated by following the lump over a period of months and not sending
her for a biopsy. Dr. Bowers contended that plaintiff was too young to
fall into the statistical risk category for breast cancer, and that the
growth did not increase in size. Ultimately he left it up to the
plaintiff to decide whether she wanted to go for a biopsy or not. The
defendant also defended on the basis that the type of tumor plaintiff
had indicated that it made no difference when the biopsy was done and
when the mastectomy was performed. Ultimately, plaintiff was diagnosed
with a breast cancer by biopsy which required a mastectomy. She died at
age 31 of metastatic breast cancer leaving her husband, who had married
her 3 weeks before the diagnosis of breast cancer was made. Settlement
was achieved in the amount of $580,000.00.
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Trudy Natapoff v. Dr. Z (1998) (Breast Cancer)
Trudy Natapoff was a 78 year old woman who treated with her family
doctor for suspected breast cancer. She went to Dr. Z with a lump on her
breast and he ordered a mammogram. The mammogram report came back to Dr.
Z’s office “suspicious for cancer”. Dr. Z neglected to contact Trudy
Natapoff. Ultimately, she went back to Dr. Z for another general check
up 7 months later and he advised her at that time that she should
consult with a breast surgeon for possible breast cancer. The defendant
defended the matter on the basis that the type of cancer Trudy Natapoff
had made no difference in terms of the ultimate diagnosis and
possibility of cure and that in any event the likelihood of a cure was
only in the 30% range. At age 80 Trudy Natapoff authorized settlement of
the matter in the amount of $300,000.00. She died a year later.
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Castaneda v. Turk (Oral Surgery) (1998)
This was a oral surgery malpractice case in which the plaintiff,
Mrs. Castaneda was involved in a motor vehicle accident. Ultimately, she
came under the care of Dr. Turk who held himself out as a specialist in
the field of tempo-mandibular surgery. Dr. Turk performed 3 surgeries in
the tempo-mandibular area and ultimately replaced Helen Castandeda
tempo-mandibular joints on both sides of her jaw. Helen Castandeda
suffered from partial paralysis of the face, partial paralysis of the
eyelid and an inability to manipulate her jaw in an appropriate manner
so she could eat. She also claimed lack of informed consent. Defendant,
Dr. Turk defended the matter on the basis that he had not deviated from
accepted standards of care, that in fact the surgery was necessary, and,
that there were no specific standards by which he could be governed in
terms of his choice of tempo mandibular surgery. Ultimately, the matter
was settled at the time of trial for the sum of $750,000.00.
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Annette Howard v Roselle Trucking Co. (1999)
(Motor Vehicle Accident)
This was a motor vehicle accident. Plaintiff, Annette Howard was a
passenger in a van along with 8 other people. The van was proceeding to
take Annette Howard to a nursing home in Andover, New Jersey where she
performed services as a practical nurse. The van was proceeding along
Prospect Avenue at the Montclair Country Club in West Orange when a
garbage truck owned and operated by Roselle Trucking Company made a
sudden left hand turn in front of the van. The van collided with the
garbage truck. All of the passengers and the driver of the van were
injured. Annette Howard sustained a badly fractured pinkie, a fractured
right wrist, a fracture of the orbit of the right eye and mild brain
damage. She was in the hospital 10 days. She consulted with numerous
doctors. A year later she was back at work full time as a medication
nurse. The following year she had a new born baby. In all respects she
appeared “normal” her only “visible injury” was a badly fractured
pinkie. The case settled for $487,500.00 at the time of trial.
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George Radino v. Dr. Z, (1999) (Orthopedic Malpractice)
This was an orthopedic medical malpractice case. Plaintiff, George
Radino consulted Dr. Z in regard to back and leg pain. Dr. Z diagnosed
George Radino with a bilateral hip condition which required bilateral
artificial hip replacements. Dr. Z proceeded to perform surgery on both
hips on separate occasions and placed hip prosthesis in George Radino’s hips. George Radino ended up with a limping gait and an
inability to participate in sporting activities such as golf. He also
lost a short time from work. Ultimately, the hip replacements had to be
replaced on both hips. At the time of trial, George Radino authorized
settlement against Dr. Z in the amount of $300,000.00.
TOP Sara Hovich vs.
Dr. M (2001) (Podiatry) $550,000
case settled on the fourth day of trial. Podiatrist did not properly
remove neuroma. Patient went on to develop reflex sympathetic dystrophy,
multiple surgeries - doctor had altered records. Union County New
Jersey.
TOP Sydmouth Berwick -
2001 - Gastroenterology / Colon cancer
case settled shortly before trial for $600,000. Defendant
gastroenterologist did not perform appropriate colonoscopy in face of
obvious symptoms of potential colon cancer. Patient ultimately died.
Essex County, N.J.
TOP A. Califano - 2002
- hospital negligence
multiple disciplines involved including internists, cardiologists -case
settled at trial for $600,000. various doctors failed to supply needed
potassium supplements to cardiac patient who had ulcerative colitis -
patient passed away after ten day hospitalization due to lack of
potassium and cardiac event triggered by lack of potassium. (Middlesex
County - New Jersey.)
TOP Jean DelPriore
- 2002 - gynecology - settled shortly before trial for $275,000.
Inappropriate post operative care following gynecologic surgery lead to
massive infection. Bergen County, N.J.
TOP Mary Gallagher
- 2003 - gynecology - cancer
settled shortly before trial for $175,000. Failure to make appropriate
diagnosis of cancer of the cervix lead to increased severity of cancer.
Essex County New Jersey.
TOP Lovella Rushing -
2003 - neurology - stroke -
settled for $600,000 shortly before trial - plaintiff had multiple
symptoms including the worst headache of her life and went back to a
University Hospital on three separate occasions. University doctors
failed to make appropriate diagnosis of pending stroke resulting in
cerebral stroke and brain damage. Essex County New Jersey.
TOP F. Diakos vs. Ferarra
- 2004 - Drugs - pharmacy error.
Patient had breast cancer; patient was on Tomaxafin for five years.
Doctor wrote prescription for substitute Femora tablets to replace
Tomaxafin. Pharmacist dispensed Premarin tablets instead. Patient almost
hemorrhaged to death and is at increased risk of recurrence of cancer.
Settled shortly before trial for $150,000. Essex County.
TOP Edgar Seabron 2004 - -
ophthalmology
prescription error, settled shortly before trial $300,000. Edgar Seabron
suffered from asthma and beta blockers were contraindicated.
Ophthalmologist dispensed drugs containing beta blocker to be
administered into the eyes. Drug was administered into the eyes and
patient suffered period of unconsciousness for five days and suffered
mild stroke - Essex County.
TOP Tyquan Gray - 2004 -
obstetrics/birth injury/cerebral palsy
brain damaged infant case. Available coverage: $2,260,000. Case settled
for $2,250,000 including structured settlement worth in excess of
$9 million dollars - Essex County New Jersey.
TOP Janet Schwartz
vs. Sulzer Hip Replacement - 2004 -Product Liability Case.
Case has settled so far for $250,000 additional money forthcoming. Part
of a class action lawsuit. Janet Schwartz had a Suizer Hip Replacement
which was defective and suffered multiple hip displacements with
multiple hip replacements. Bergen County
New Jersey.
TOP Deborah
President - 2004 - obstetrics/eclampsia
case originally involved obstetrics and sending a patient home from the
hospital who was pregnant who had signs and symptoms of pregnancy
induced hypertension. (eclampsia) Doctor allegedly had no insurance
coverage at time of incident in question. Case went up to the New Jersey
Supreme Court on insurance issue questions. It was ultimately resolved
between plaintiff and pre date of tort and post date of tort insurance
carriers for $400,000. Union County New Jersey.
TOP Kevin Wilkes -
2004 - internal medicine/nephrology
loss of two kidneys. This case settled for $800,000-Burlington County.
Case involved an African American male who was treated by a family
doctor over a two year period of time with increasing signs and
symptoms of hyper-tension induced kidney failure. Doctor failed to make
an appropriate referral. Case was originally rejected by a previous law
firm for comparative negligence. Case settled shortly before trial for
$800,000.
TOP Rhoda Smith -
2004 - obstetrics - $490,000 - Union County.
Case involved pregnancy breech presentation vaginal delivery with a
fourth degree laceration which resulted in patient becoming fecally
incontinent. Case settled shortly before trial.
TOP Julio Romero -
2004 - gastroenterology-liver biopsy
case settled in Hudson County shortly before trial for $300,000. Case
involved Mr. Romero who was HIV positive, he was a drug counselor, he
went in for a liver biopsy because of increasing liver problems, he bled
to death as a result of the liver biopsy and the failure of the treating
gastroenterologist to appropriately respond to the bleeding. Hudson
County New Jersey.
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