Verdicts & Settlements

$42,000,000 – Medical Malpractice. Cerebral Palsy. Defendants failed to properly monitor the progress of plaintiff’s labor including, not performing follow-up internal examinations, not augmenting labor with pitocin, failing to accurately interpret fetal heart monitor strips, failing to diagnose fetal distress, failing to promptly perform a Caesarean-section and failing to respond to fetal bradycardia. The settlement included both a cash payment and structured annuity.

$22,500,000 – $22,500,000 – Brain Injury. Medical Malpractice. Plaintiff suffered brain damage as a result of an hypoxic event which occured after cardiac surgery. While in the hospital neonatal unit, a nurse improperly positioned an intubation tube. This resulted in decreased oxygenation to the brain and cerebral palsy, neuromotor impairment, seizure disorder, development delays of gross and fine motor skills, and delays in cognitive and language development. The settlement included both a cash payment and structured annuity.

$10,500,000 – Medical malpractice. Cerebral Palsy. Child suffered severe brain damage as a result of medical malpractice which occurred during prenatal care. Physician noted in chart the likelihood of pre-mature birth yet no treatment was rendered to the mother prior to delivery. Case was tried by current Oshman & Mirisola attorney John Langell.

$5,900,000 – Automobile Accident. Spinal Injury. The plaintiff was a 12 year old passenger in an automobile involved in a highway accident with a truck. She sustained an L1 and L2 lumbar vertebral fracture dislocation requiring a successful posterior spine fusion and bone graft. The settlement included both a cash payment and structured annuity.

$4,900,000 – Motor Vehicle Accident. Brain Injury. Infant struck by speeding vehicle which mounted a sidewalk sustained frontal lobe brain damage affecting his emotional and behavioral conduct.

$4,050,000 – Roadway Design. Spinal Cord Injury. Plaintiff was a passenger in a van when the driver of the vehicle lost control, striking a series of fixed objects, due to an improperly designed and constructed roadway. The plaintiff sustained a spinal cord injury and a resulting partial paralysis. The settlement included a satisfaction of a $1,550,000 medical lien.

$3,900,000 – Medical Malpractice. A recovering cancer patient was undergoing radiation therapy for rectal cancer. Physician gave excessive doses of radiation which not only resulted in severe burns but a disabling injury to the groin area affecting plaintiff’s ability to walk. Case was tried by current Oshman & Mirisola attorney John Langell.

$3,400,000 – Premises Accident. While effectuating an arrest as a result of a domestic dispute, a police officer was caused to fall down a flight of stairs. She sustained disabling injuries to her back and knees, resulting in multiple surgical procedures.

$3,120,000 – Construction Accident. Laborer was injured in trench collapse as a result of violations of the Industrial Code of the State of New York. The worker sustained crush injuries to his chest, a herniated disc, collapsed lung and psychological injuries.

$2,950,000 – Elevator Accident. Client pressed elevator call button and when elevator arrived the shaft way doors opened. He instinctively stepped forward but there was no elevator present and the plaintiff fell from the first floor onto the safety spring located on the basement floor of the shaft way. He sustained a fractured pelvis, herniated disc and degloving injury to his penis.

$2,750,000 – Construction Accident. Roofer fell down an improperly covered ventilation shaft sustaining a severe head trauma which resulted in a seizure disorder and partial loss of vision.

$2,625,000 – Medical Malpractice. Erb’s Palsy. Mother was diagnosed as suffering from gestational diabetes and the fetus was known to be approximately 9 pounds, 6 ounces. Despite these facts a vaginal delivery was attempted. At the time of delivery the newborn’s shoulder became stuck behind the cervix of the mother. Rather than perform a c-section the obstetrician utilized an improper delivery technique and a brachial plexus injury known as an Erb’s Palsy resulted. The settlement reflects a structure to the infant paid for with slightly more than half the settlement proceeds.

$2,500,000 – Dram Shop/Drunk Driver. Passenger driving with her fiancé sustained multiple fractures to her leg and hip, as well as psychological damages, when a drunk driver crossed into their lane of traffic. Verdict against both the drunk driver and the bar where he was served alcoholic beverages while already intoxicated. Our client’s fiancé was killed in the accident and the attorney for his estate settled their case for $100,000.

$1,645,000 – Construction Accident. Laborer working on scaffolding which was struck by a truck fell approximately 10 feet. He sustained a spinal fracture which required surgical intervention.

$1,450,000 – Construction Accident. Plaintiff was moving a container filled with construction debris on a wooden ramp. The ramp suddenly collapsed beneath him and he sustained back and leg injuries which necessitated surgical intervention. Case settled after selection of a jury with $250,000 of plaintiff’s settlement being structured.

$1,225,000 – Construction Accident. Plaintiff was performing excavation work in a trench when it was caused to collapse due to improper shoring and support of the trench walls. Plaintiff sustained a crush injury and fracture to a leg requiring surgical correction. Case settled in the middle of trial.

$1,060,000 – Medical Malpractice. Client was an innocent bystander who was shot in the leg. Hospital failed to detect a bullet fragment which was visible in an x-ray. As a result, the client developed a vascular necrosis. Case settled in the middle of trial.

$1,050,000 – Premises Liability. Building owner allowed defective downspout on roof of building to discharge water onto public sidewalk. Plaintiff slipped and fell on a pool of ice which formed on public sidewalk from melting snow which drained off the defendant’s roof. Plaintiff sustained a back injury and a fractured hip which necessitated hip replacement surgery and substantial lost earnings.

$1,020,000 – Municipal Liability. Client was a participant in a softball league playing in Central Park. During the course of a game she was playing the outfield when she stepped upon a manhole cover which was improperly installed. The manhole cover flipped over causing her to fall into the resulting opening. She sustained herniated discs to her back requiring a laminectomy.

$1,000,000 – Firearms. A teenager was shot in the eye by a friend who accidentally fired a BB Gun. Case was settled for the entire policy limits of his parents homeowners insurance policy.

$1,000,000 – Medical Malpractice. Patient sustained a leg fracture and developed an embolism within two days of being set for her cast. The embolism traveled to the patients lungs causing her death. At trial it was shown that the embolism developed by virtue of her fracture being improperly set and casted. While our client was a single woman, a recovery was made on behalf of her estate when the case settled in the middle of trial.

$925,000 – Podiatric Malpractice. Patient of podiatrist received excessive injections of steroids to treat a foot ailment over the course of approximately one year. These injections dissolved the soft tissue connecting to her ankle resulting in a bone fusion.

$860,000 – Municipal Liability. Plaintiff was learning disabled and working as a night porter at a residence facility. While removing rubbish and carrying a flashlight in his hand he was approached by police who were canvassing the area for a perpetrator carrying a weapon. Based on the plaintiff’s dress and size he appeared to match the description of the individual being sought. He was instructed to stop and assume the position of an arrest by the police from a distance. He did not, however, understand their instructions because of his disability. The plaintiff was shot twice, once to the head, and sustained motor damage.

$850,000 – Medical Malpractice. During a nine hour surgical procedure patient’s arm was left in a hyper-extended position without adjustment as required by accepted medical practice. As a result, he developed a severe brachial plexus palsy to his right arm.

$825,000 – Truck Accident. Bridge painter was in parked vehicle at construction site which was side swiped by a tractor trailer truck. The truck driver claimed that he skidded on a wet roadway. Our client sustained a torn rotator cuff with two arthroscopic surgeries.

$790,000 – Lead Exposure. Infant plaintiff who resided in apartment for approximately four years developed blood-lead levels consistently measuring in the mid twenties. His parents noted behavioral issues as a toddler and he was diagnosed with learning disabilities and Attention Deficit/Hyperactivity Disorder (“ADHD”) upon entering elementary school.

$750,000 – Construction Accident. Metal worker in a cherry picker located on train platform was caused to fall. Accident occurred when train entering the station was not slowed and vibrations caused the cherry picker to lean. Plaintiff sustained a Lys Franc fracture requiring surgery.

$725,000 – Pharmacist Malpractice. Pharmacist accidentally filled prescription for blood pressure medication with that for an asthma patient. One month later client suffered a moderate stroke.

$675,000 – Hospital Malpractice. Sixty three year old patient was brought to emergency room with chest pains. He remained untreated on a gurney for nearly five hours and ultimately had a heart attack in the emergency room. He died a short time thereafter. Plaintiff worked part time as a security officer at the time of his death.

$675,000 – Construction Accident. Laborer making a delivery was struck in knee by materials which were being lifted by teeth of hydraulic bucket. The belt holding the subject materials slipped off the teeth of the bucket causing the material to fall upon the plaintiffs knee. Plaintiff underwent multiple reconstructive surgeries to his knee.

$650,000 – Medical Malpractice. Plaintiff was a heavy-set smoker who developed a cold leg with pain to her lower left extremity. She complained to her doctor who suspected diminished blood flow and he claimed to have scheduled her for an arteriogram 7 days later. Two days after her visit the client was rushed to the hospital and a below the knee amputation was performed.

$650,000 – Kings County. Construction Accident. Carpenter fell approximately 12 feet down an open and unprotected elevator shaft way door. He sustained a herniated disc and medial meniscus tear. Case settled after jury selection.

$625,000 – Truck Accident. Plaintiff was a passenger in rear of pick-up truck returning from work. The operator of the vehicle was driving at an excessive rate of speed. While turning onto another street he hit a bump in the road causing the plaintiff to be ejected. Plaintiff sustained a subdural hematoma with evacuation.

$625,000 – Municipal Liability. Operator of motor vehicle was struck by car which went through a stop sign obscured by an ungroomed tree. The tree was growing on a vacant lot owned by the municipality. Client sustained a vision loss to one eye and the case settled after jury selection. The policy limits of the offending vehicle ($125,000) was paid, with the balance from the municipal defendant.

$613,000 – Construction Accident. Laborer removing materials at a construction site fell through a deteriorating staircase which collapsed underneath him. He sustained partial bilateral tears of the meniscus in each knees.

$600,000 – Psychiatric Malpractice. Client was voluntarily admitted to a psychiatric facility for assorted disorders. A window in her second floor room was left unlocked and she attempted to leave the facility by jumping from this window. She sustained bilateral leg fractures.

$564,000 – Construction Accident. Painter was working on a baker’s scaffold when it began to move. It was not equipped with a wheel lock mechanism and he was not provided a safety harness. As a result, he was caused to fall approximately 10 feet sustaining a closed head injury.

$500,000 – Motor Vehicle Accident. Pedestrian struck by motor vehicle while in cross-walk sustained a fractured ankle requiring surgical intervention.

$500,000 – Truck Accident. Client was struck by a truck backing-up at a loading dock. Plaintiff worked in the building where the delivery was being made and was walking to an adjacent entry-way. She sustained a torn anterior cruciate ligament with arthroscopic surgery.

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