When our client received the news every mom fears, that her son suffered from cerebral palsy due to her OBGYN’s failure to timely perform a C-section, she called the injury attorneys at Jacoby & Meyers for help. Working with co-counsel, all the records were provided to an OBGYN expert. The expert confirmed the records proved the OBGYN deviated from standard medical practices by allowing the fetus, at full term, to remain in the womb after the sonogram showed there was stool that passed into the womb. Had the C-section been performed immediately after the confirmatory sonogram, no damage would have occurred to the fetus. Tragically, since the fetus was allowed to remain too long in what became a toxic environment, the baby boy was born with cerebral palsy and will require a lifetime of medical care.
The case was ultimately settled prior to trial for a total of $8,323,000 and was handled by Managing Partner Andrew Finkelstein together with our co-counsel.
While riding his bicycle to work and traveling entirely in the bike lane, our 38-year-old client was struck by a NYC garbage truck when it suddenly backed into the bike lane to get closer to the trash on the sidewalk. The impact caused our client to strike his head on both the back of the garbage truck and the ground. Fortunately, he was wearing his helmet. As a result of the crash, our client suffered a traumatic brain injury that resulted in significant mood and behavioral changes. The effects of the injury were so significant, the NYC disability board found him to be disabled from his injuries. On the morning of jury selection the case was settled for a total of $6,350,000.
A Brooklyn jury has awarded $5.7 million to a Jacoby & Meyers’ client for the tragic death of an 8-year old girl in a 2006 runaway school bus accident.
Trial attorney and partner Michael Feldman represented the parents of the victim, Amber Sadiq, and her 20-year old brother, who was with Amber at the time of her death and narrowly avoided injury or death himself, in the wrongful death trial against Jofaz Transportation.
Only 8-years old at the time of the tragedy, Amber and her brother had just crossed the street in Crown Heights when she was rundown by an out of control and unattended school bus operated by Jofaz Transportation. She was pinned under one of the bus wheels and died. Her brother at her side escaped physical injury. The bus was set loose by an 8-year old boy who broke into it through an unlocked emergency exit door. Getting behind the wheel of the bus, the boy released the emergency brake. He jumped off the bus when it began to move.
Feldman argued that the bus company was negligent in the training of the driver as he failed to turn the wheels of the bus to the curb when he parked the bus.
“But for a matter of thorough driver training by Jofaz Transportation, Amber might still be with her family today, a grown woman, if the bus driver had properly turned his wheels to the curb, as required by Vehicle and Traffic Law,” said attorney Feldman. “Instead, Amber’s parents must live a lifetime coping with her senseless death and her brother suffers from severe psychological disorders stemming from the incident. In awarding damages to the Sadiq family, the jury recognized that the accident could have been avoided if the driver and bus company had been diligent in their responsibilities,” added Feldman.
The jury awarded damages of $5 million to the estate of Amber Sadiq, represented by her parents, and $700,000 to her brother for past and future pain and suffering.
“My congratulations to Mr. Feldman on his outstanding work in obtaining a positive outcome for our client,” said Andrew Finkelstein, managing partner. “His dedication to meeting the needs of his clients exemplifies our firm’s commitment to success for those we serve.”
In one of the largest verdicts against a nursing home in New York State, a jury of 6 New York County residents rendered a verdict today totaling $5,032,281 consisting of $2,980,00 in compensatory damages and $2,052,000 in statutory interest against the Northern Manhattan Nursing Home, located at 116 East 125th Street in New York City.
After hearing all of the proof and prior to jury deliberations, Supreme Court Judge Hon. Lucy Billings declared that Northern Manhattan Nursing Home was negligent for ignoring the medical needs of our client. Judge Billings also issued an Order declaring that the nursing home’s neglect of our client lead to brain damage which caused his untimely death.
“Our client was deprived of his right to adequate and appropriate medical care at Northern Manhattan Nursing Home. He was 75 years old and was left alone for hours in his room, lethargic due to a very low blood sugar count. Had a nurse checked on him regularly his blood sugar would have been properly monitored and treated. Instead of taking care of our client, the nursing home totally ignored him, causing him to go into Hypoglycemic shock. The lack of care itself was negligent. What makes this case even more disturbing is that Northern Manhattan Nursing Home, despite our client being unresponsive for hours, failed to timely call an ambulance for him. The resulting lack of oxygen to his brain caused him to suffer from permanent, but preventable brain damage. He lived the rest of his life in a coma, on a feeding tube, and unresponsive. He survived for six months in this terrible condition before he died” according to attorney Michael Feldman.
Feldman continued, “The Public Health Law was written so that our society’s most vulnerable population, those in nursing homes who can’t take care of themselves, can have laws on their side that even the playing field against large corporate-owned nursing homes. This law provides for adequate and appropriate medical care for any nursing home resident. Nursing homes are required to maintain the highest practical, physical, mental and psychosocial well-being of their residents. If they do not, then they are responsible for all of the damages that they do. The jury today sent a message to all nursing home owners that they better invest in staffing their homes so the residents get the services they have a right to receive.”
Our client’s widow expressed satisfaction in the jury finding; “My husband would give the shirt off of his back to anyone who needed help. This tragedy could have been prevented if Northern Manhattan Nursing Home did their job. I am just so happy there is finally some justice and this jury was held accountable for neglecting my husband.”
Our client, a trucker, was driving on the northbound side of the Van Wyck Expressway, in Queens. His truck collided with the rear end of a preceding truck that was being driven by plaintiff Juan Sanchez, who was braking to avoid a stopped vehicle that was being operated by Auguste Shurland. The impact crushed the cabin portion of Aguilar’s truck, which later struck a road barrier. Aguilar sustained injuries of a leg, his intestines, his lungs, his pelvis, his sacrum and several ribs.
The jury rendered a mixed verdict: It found that Sanchez was liable for the accident, and liability was not assigned to Alonzo or Shurland.
During the fourth day of the trial’s damages phase, the parties negotiated a settlement. Sanchez’s primary insurer tendered its policy, which provided $1 million of coverage, and Sanchez’s excess insurer agreed to pay $4 million. Thus, the settlement totaled $5 million.
A two year old infant was burned over most of her body when an unstable stove fell on her causing her to be burned by boiling water that was on the stove as well as the gas flames. Our team of personal injury attorneys were able to hold the building owners accountable.
A thirty-four year old pregnant Brooklyn woman did all the right things. She watched her diet and maintained moderate exercise. At 16 weeks, she experienced some bleeding but her gynecologist said it was normal. A few weeks later at a sonogram, the technician believed he saw a problem with her cervix and called the gynecologist. Again, he said it was normal. At the next sonogram, the technician thought the problem progressed and now the doctor ordered bed rest. Within a few days the expecting mom went into labor. She delivered twins, but because the doctor failed to take action at 16 weeks when the sonogram was indicating the problems, the twins both passed within a half hour of being born. A jury found the hospital and doctor committed medical malpractice and rendered a verdict totaling $4,000,000.
The case was handled by Managing Partner Andrew Finkelstein and trial was conducted by co-counsel Eleni Coffanis of Sullivan, Papain, Block McGrath and Canavo.
Attorney(s): Managing Partner Andrew Finkelstein, Partner Ray Futerfas and Trial Attorney Antonio Grillo.
Settlement: $3,500,000 Settlement
A New Jersey construction company needed to get a job finished. A laborer works from 6:00 am to 3 pm. The same laborer returns for another shift that day. The construction company works him straight from 9 pm through the night to 7 am the next day. The exhausted laborer was driving home and fell asleep while driving on the Meadowlands Parkway in Secaucus. He crossed over the center median and hit our client who was on his way to work traveling in the opposite direction. The crash spun our client’s car and his head hit the interior compartment of his van. Dazed and confused, our client was able to get out of the car at the scene before the police arrived. The police performed an accident reconstruction and confirmed the laborer fell asleep. The police also thought our client may not have been wearing his seat belt. We hired a biomechanical expert to calculate the forces of the crash and determine if a seat belt would have changed whether or not our client would have still sustained the traumatic brain injury. The expert confirmed the forces of the brain striking the inside of the skull would have been the same with or without the seat belt. We then created an animation to demonstrate that whether our client was wearing a seat belt or not was of no consequence. Our 52-year-old client is unable to work due to his brain injury. The case was settled for $3,500,000 prior to trial.
The case was handled by Managing Partner Andrew Finkelstein, Partner Ray Futerfas and Trial Attorney Antonio Grillo.
In order to effectively tell our client’s story we often use case animations. These customized, lifelike depictions of the events that lead to our client’s injuries allow opposing council, and in some cases jury members/judges, to walk in our client’s shoes and gain a better understanding of how the ordeal unfolded.
A $3,250,000 settlement was reached on behalf of the Estate of a 25 year old student who was burned to death when she was unable to escape from her 6th-floor apartment in the Bronx. Upon smelling smoke that was the result of garbage burning on the second floor of her building, she attempted to escape from the 6th floor by going into the stairwell. Unfortunately, the stairwell did not have fire doors and had been painted with flammable paint. Our client only made it to the fourth floor before she was rendered unconscious from the smoke. She received burns over 90% of her body and lived for 17 days in extreme pain before dying from her injuries.
TEAM: Attorney Michael Feldman, David Gross Case Manager Amanda Chanowsky Paralegal Miranda Capolino Adjustor Kevin Hines Calendar Coordinator Maggie Bonaparte
Constructions sites are dangerous environments filled with chaos. Whenever a contractor invites someone into a construction site extra precaution is needed to protect the visitor. Our client, a utility meter reader was brought into an ongoing construction site in Brooklyn to read the electric meter, the contractor took him over a thin piece of wood covering a hole. Without warning, as our client walked over the covering it gave way and he fell 10 feet into the hole. Fortunately, no bones were broken, but his spine was seriously damaged. The pain was so severe he could no longer walk without pain or sit long periods of time. Eventually, a spinal cord stimulator was inserted into his spine to help relieve the pain. The case was settled at mediation for $3,200,000 by Managing Partner Andrew Finkelstein. and Trial Partner Linda Armatti-Eptstein.
Wanting answers, our client wanted to know how his wife could die 6 days after what seemed like a routine vaginal delivery of their first child. During pregnancy she developed preeclampsia, not an uncommon pregnancy complication resulting in high blood pressure that can lead to kidney or liver damage. She also developed gestational diabetes, also not an uncommon pregnancy condition. While she was considered a high risk pregnancy, she was able to carry full term and have a routine vaginal delivery. Two days after delivery she was discharged to home where she started having breathing problems and developing a cough. Concerned, her husband brought her back to the hospital. Four days later she died and he turned to Jacoby and Meyers to find out whether her death was preventable. Together with co-counsel we sued the hospital and treating doctor because after reviewing all of the medical records our experts told us with proper medical care she never should have died. Just before trial the case was settled for $3,000,000. The case was handled with co-counsel by Andrew Finkelstein.
After suffering from two previous miscarriages, a 37-year-old woman from Bloomingburg, NY, was at risk for delivering pre-maturely because of her incomplete cervix. Since she had a high-risk pregnancy her OBGYN should have performed a routine procedure to support the cervix and the failure to do so resulted in a premature birth at 22 weeks. Unfortunately due to the doctor’s failures, the child was born with significant problems. The doctor refused to agree to settle the case until the middle of the trial. The case was handled by Managing Partner Andrew Finkelstein with co-counsel.
A company owned and was renovating a large apartment building in Brooklyn. The owner moved a family from one apartment to another while they renovate the apartment. The apartment that they assigned the family to was renovated, but they left the steam pipe in the bedroom uninsulated. While the owner, general contractor and architect were aware of the necessity to insulate the steam pipe, they did nothing about it. While the father was in the bathroom, his three year old daughter rolled off of her parent’s bed and touched the pipe, badly burning her face. During the lawsuit and before trial the case was settled for $2,575,000. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Linda Armatti.
Ignoring the Vehicle & Traffic Law has consequences. A Brooklyn jury found both a double parked car and a driver leaving a parking spot accountable for causing a crash. Our client was traveling down 4th Street in Brooklyn where there was a double parked car. As she slowly passed the illegally parked car, another driver was exiting a parking spot and crashed into the side of our client’s car. The exiting car claimed he could not see our client’s car because of the double parked car was blocking his view. The driver and the insurance company for the double parked car refused to accept any responsibility for the crash, but a Brooklyn jury was not having it and found the double parked car violated the Vehicle and Traffic Law, finding her 12% responsible for the crash and the car exiting the parking spot 77% responsible. The crash caused serious injuries and resulted in three major surgeries – one to the neck, one to the back and one to the shoulder. The insurance company for the double parked car contested the injuries claiming the surgeries were performed because of pre-existing injuries. Once again, the jury was not having any of it and rendered a verdict totaling $2,533,000.
The case was expertly tried by Jacoby & Meyers Senior Trial Lawyer Michael Feldman.
Attorney(s): Michael Feldman, David Akerib, George Kohl
Settlement: $2.5 Million
Our client, a 36 year old Bronx resident, was a passenger in the front seat of a vehicle waiting for the light to turn green. A tractor trailer made a turn too wide and the rear tires crashed into the front corner of the car. The tractor trailer driver fled the scene and the car our client was in followed the truck driver to the next light.
While feeling a little stiff at the scene, our client refused emergency room treatment. Later that night his neck and back began to hurt more and he decided to go to the emergency room after all. Over time, his neck pain began to travel down his arms. Five moths after the car crash his doctors performed a surgery to his neck, fusing one level together. While this helped the pain in his neck, his lower back pain continued. After a series of injections, his doctors decided to insert a spinal cord stimulator to relieve the pain from his “chronic regional pain syndrome”. Jacoby and Meyers lawyers were able to reach a significant settlement totaling $2,500,000 without the need for a jury trial.
Our client, a 68-year-old retired machinist for 7-Up, was crossing North Ave. in New Rochelle, NY, when he was struck by the Defendant’s car. Defendant driver was a 78-year-old woman who wore thick glasses. She did not know that she struck our client until after she got out of her car. Eyewitnesses said that Plaintiff was crossing against the light and outside the crosswalk. Our client suffered leg and knee fractures as well as fractured skull, which resulted in a traumatic brain injury. Our client had no memory of the accident. He was placed in a nursing home, where he lived for 2 years until he died. This case settled before trial.
While waiting for a bus on a street corner, our client was struck by the side view mirror of a bakery truck that took the turn too close. The truck driver claimed our client stepped into the path of the truck and argued he did nothing wrong. Our client suffered a fractured skull, broken nose and jaw. Trial Partner Sharon Scanlan argued to a White Plains Federal Court jury of seven that the truck was fully responsible for hitting our client and the jury agreed. After a four-day trial a jury verdict of $2,480,250 was awarded.
A Brooklyn congregation of the Seventh Day Adventist Church organized a religious retreat in upstate New York. They rented a van for the trip to and from the City. On the way back to Brooklyn a tractor-trailer crashed into the van at a controlled intersection. One of the van passengers, a 33-year-old congregant, was ejected from the van and was pronounced dead at the scene. His family hired Jacoby & Meyers, LLP to hold the tractor-trailer driver and the van driver accountable for his death. The entire Brooklyn community lost a great man who was a counselor for young children at Life’s Work. The case was settled at mediation for $2,400,000 and the monies will go for the benefit of his wife and 4-year-old son. The case was handled by Trial Attorney Sharon Scanlan.
To direct pedestrian traffic at a train station in the Bronx, a piece of ply wood was placed under a pedestrian barricade in order to level it. Our client tripped and fell over the plywood which was extending on to the sidewalk. As a result, she suffered a dislocated knee, elbow, and other internal complications which required skin grafting and surgery.
Attorney(s): Andrew Finkelstein, Linda Epstein and Ed Steves
Settlement: $2,000,000 settlement
A roofer is entitled to fall protection devices when they work on a construction site. When our client showed up at the sub-division being built on Staten Island, the general contractor did not provide any safety devices. As our client was laying shingles on the roof, the roof collapsed causing him to fall 25 feet to the ground. Had the contractor and owner provided him a safety harness or appropriate scaffolding, the roofer never would have been injured. The judge agreed and found the owner and general contractor violated section 240 of New York’s labor law and held them 100% responsible for the injuries suffered. As a result of this fall, our client had surgery to his knee and low back but the surgeries did not significantly reduce the pain. As a result, a permanent spinal cord pain stimulator was inserted to help control the pain. The general contractor and owner ultimately offered their full insurance policies just before trial, totaling $2,000,000.
The case was handled by Managing Partner Andrew Finkelstein, Trial Partner Linda Epstein and Managing Attorney Ed Steves.
For eight years our 53-year-old client trusted her family doctor and obstetrician to perform routine breast exams. Since none of them ever indicated there was a suspicious mass, she believed it was routine to not order follow up testing. When her breast began to be painful, she returned to her physicians and the small mass had grown. Her initial testing confirmed she had stage 4 breast cancer. Had the proper testing been performed in a timely manner, the cancer would have been discovered earlier and it is likely our client would not have required the mastectomy she ultimately underwent.
Our client, the representative of a deceased 9-11 hero, was awarded $1,698,525 after The September 11th Victim Compensation Fund (“VCF”) reviewed her claim for compensation. “The September 11th Victim Compensation Fund (“VCF”) was created to provide compensation for any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terrorist-related aircraft crashes of September 11, 2001 or the debris removal efforts that took place in the immediate aftermath of those crashes.”- WCF.org. Our client’s award was calculated based on a number of factors, including lost earnings and benefits, offsets applicable to lost earnings and benefits, economic losses and non-economic losses. The case was handled by Managing Partner Andrew Finkelstein and co-counsel. Due to toxic exposure following the building’s collapsing, our client contracted the following conditions which are eligible for an award: Malignant Neoplasm of Thoracic Esophagus and Related Physical Conditions; Embolism and Thrombosis of Unspecified Site; Esophageal Reflux; Inci Hernia Without Mention Obstruction/gangrene.Andrew Finkelstein has been an advocate for victims of 9/11 and their families since the attacks occurred. Following the attacks, Mr. Finkelstein went to work immediately, helping with the initial structuring of TLC. “We designated captains in each region, of which I was one,” he says. “And each captain would go to the attorneys who volunteered their services and call them and ask them if they could handle this particular matter.” Mr. Finkelstein also took on cases for the organization, representing the families of two men who lost their lives. “One was a New Jersey gentleman, a 35-year-old married man with no children,” Finkelstein says. “He was an IT consultant, up on the 96th floor of World Trade Center 1. The plane struck 10 floors below where he was, and his body was never recovered.” Finkelstein recovered almost $3.7 million for the man’s widow and parents.
Our client was a union carpenter working on a luxury high rise building in Manhattan when his accident occurred. He was 12 feet above a concrete floor securing plywood to a deck platform when the beam he was standing on twisted, causing him to fall backwards onto the concrete. The beam had not been secured by the crew that built the platform, nor was any safety railing installed. The injuries our client sustained are permanent and life altering. He endured back surgery, and will have permanent pain, loss of range of motion, weakness, and the need to use a walking aid. His injuries will affect his ability to earn a living for the remainder of his working years.
Our 57-year-old client routinely obtained annual checkups with her OBGYN so she was shocked to learn when she had Stage 3 ovarian cancer. Two years earlier, during a routine exam, her OBGYN noticed ovarian abnormalities and sent her for further testing. Reportedly the testing was negative and no treatment was prescribed. Unfortunately, the tests did in fact indicate cancer, which was only in Stage 1 at the time. Without realizing it, the abdominal pain she was feeling was the cancer growing unabated. Ultimately, she went to the hospital where she was diagnosed with Stage 3 cancer and required immediate surgery and chemotherapy. The case was handled by Managing Partner Andrew Finkelstein with co-counsel and it was settled for $1,600,000.
Our 40-year-old client was diagnosed with breast cancer. After a course of chemotherapy, it was determined the best course of action was a full mastectomy. During the procedure, the surgeon allowed one of the medical students to participate and the student caused a burn on the surrounding tissue. The burn prevented the timely follow up radiation treatment needed to eradicate the cancer. The six-week delay in starting the radiation treatments put our client at a higher risk of the cancer recurring. Regrettably, that is exactly what happened. The case was settled shortly after starting the lawsuit for $1,500,000. The case was handled by Managing Partner Andrew Finkelstein with co-counsel.
Our 53 year old client suffered pain in her breast for four years, which she discussed with her doctor. Both her and her doctor felt a lump in her breast, but after undergoing an annual mammogram she was reassured she shouldn’t worry about the pain and was given a clean bill of health. As time passed, she continued to complain of pain and insisted on further testing. Testing revealed the lump had grown and a biopsy confirmed she had stage 2 breast cancer. It was later discovered the initial mammogram was misread and early signs of cancer had in fact appeared on the results. Had the cancer been discovered early, it is likely our client’s mastectomy could have been prevented. Jacoby & Meyers, together with co-counsel, was able to settle the case after the doctor’s depositions for $1,475,000.
After feeling a lump on her breast, our client went straight to her gynecologist. A sonogram was performed and our client was told “it was nothing” and to come back in 2 years. Feeling the lump getting larger and becoming more sensitive, our client returned 6 months later to the gynecologist who had another sonogram performed. Again, our client was told “it was nothing”, but referred her to a specialist. The specialist performed a biopsy and discovered our client had stage 2 breast cancer. Wondering if her gynecologist missed the cancer at her first exam she called Jacoby & Meyers, Working with experts and co-counsel, it was found the cancer should have been found earlier. As a result of the delay, any non-surgical treatment options were no longer an option. The case was handled by Managing Partner Andrew Finkelstein.
Due to her high blood pressure and sickle cell anemia, our 33-year-old pregnant client underwent an emergency cesarean section. The baby was born healthy and without any complications. Post-surgery our client was considered stable and transferred to a regular room in the hospital. The next day she was found unresponsive and passed away. Working with co-counsel, we were able to hold the surgeon accountable for failing to properly close the surgical site. The case was handled by Managing Partner Andrew Finkelstein.
Attorney(s): Sharon Scanlan, David Gross, George Kohl
Our client, a 20-year-old Bronx resident and group home counselor on his way home from work, was struck head-on by a drunk driver on Webster Ave in the Bronx. Defendant was driving his employer’s vehicle at the time of the accident. Our client sustained a fractured wrist, a scar on his scalp and a fractured foot that required surgery and hardware. He was out of work for 11 months and had to quit his part-time college courses due to his injuries. Our client did return to college 4 years after the accident.
Coverage was an issue in this case because the vehicle driven by the defendant driver was not included on his employer’s liability policy. However, Jacoby & Meyers claimed that the insurance carriers for the Defendant did not timely disclaim. Defendant’s carrier and excess carrier brought a Declaratory Judgment action and moved for summary judgment on grounds that their coverage did not apply to this accident. Summary Judgment was denied to the Defendant carriers and they appealed to the Appellate Division, First Dept. where the denial was affirmed.
This case settled after jury selection.
Team: Attorneys Sharon Scanlan, David Gross, George Kohl, Adjustor Jeffrey Stulmaker. Case Managers: Mary Ray- Brooks, Lisa Venuto. Paralegal: Sandy Veringa. Calendar Coordinator: Kirsten Hansen.
Our 52-year-old client routinely attended her annual physicals with her gynecologist until the gynecologist moved out of the area. Our client relied upon her family doctor to prescribe her mammograms, which were timely performed. Having not heard from the primary care physician, our client presumed the mammogram was negative and she had nothing to worry about. Unfortunately, the mammogram detected early-stage cancer, the primary doctor was told about it but he never called our client to advise her. As a result of not being informed, our client lost the opportunity to treat her breast cancer while it was in the early stages. As a result, she was forced to undergo far more aggressive chemotherapy than she would have required. The primary care physician consented to a $1,200,000 settlement. The case was handled by Managing Partner Andrew Finkelstein together with co-counsel.
Attorney(s): Newark Trial Attorney Antonio Grillo and Partner Raye Futerfas
After a mortgage company foreclosed on a house in Highland Lakes, New Jersey, they hired a property manager to manage the home and a realtor to sell the home. The property manager certified the property was ready to be shown. The realtor brought our client to look at the house. As our client was walking down the interior stairs to the basement, the stairs collapsed. The stairway was not complete. There were no handrails and the stairs were never properly affixed to the wall. The steps collapsed and toppled beneath our 47-year-old client and he fell 8 feet to the hard ground below. The impact of the fall was so severe it broke his heel and it had to be reconstructed with surgery. Since our client was a groundskeeper for the Ramapo School District, the injury prevented him from being able to do his job and eventually he was forced to retire due to his disability.
The case was settled at a mediation by Newark Trial Attorney Antonio Grillo after Partner Raye Futerfas started the lawsuit.
Our client, a 72 year old female pedestrian was struck by a car while she was walking in the marked crosswalk. She was rushed to the hospital where she had to undergo surgery to her left knee, had severe pain in her arm, and swelling on her head The defendant offered $900,000 to settle the case. Jacoby & Meyers denied in belief that the trial was going well and demanded higher. The case was finally settled for $1,100,000.
Erbs Palsy, sometimes diagnosed as brachial plexus palsy, is generally a preventable birth injury with the correct medical care by the doctor performing the delivery. Nearly 3 infants per 1,000 deliveries result in the infant’s arm hanging limply from the shoulder due to improper delivery methods used. That is exactly what happened during the delivery of our client in a Bronx hospital. Her right arm and shoulder were damaged when the doctor and nurses chose to proceed with a vaginal delivery even after the infant was deemed too large for the birth canal. The delivery doctor pulled with too much force causing our clients Erbs Palsy.
The case was settled with the doctor’s insurance company after depositions and was handled by Andrew Finkelstein together with co-counsel.
When a family member chose a nursing home in the Bronx, they expected their loved one who was suffering from dementia would be properly cared for. Unfortunately, due to understaffing, our 65-year-old client was not provided adequate supervision and she fell several times. In addition to her falls, she had a cut on her foot that was not properly cared for and, as a result, became infected. The infection also was not properly cared for and she ultimately required several toes to be amputated. During her recuperation, she was confined to bed for extended periods of time and, due to lack of care, developed a significant bed sore on her low back. The week of jury selection the nursing home finally increased their offer to $1,000,000. The case was handled by our Nursing Home team of Managing Attorney Michele Haber and Trial Attorneys Michael Zaransky and Gustavo Alzugaray.
When their 65-year-old single mother passed away from a heart attack after being released from a Bronx Hospital where she went with chest palpitations, they knew something went wrong. They called Jacoby & Meyers to investigate whether the hospital committed medical malpractice. After obtaining all of her records and consulting with a heart specialist, we confirmed the hospital and their doctors deviated from the generally accepted standard of medical care by not admitting her promptly to the hospital. The case was handled by Managing Partner Andrew Finkelstein together with co-counsel.
When an ambulette company chose to hire a driver who did not have the proper class of license to drive an ambulette in NYC, it was inevitable a crash would happen. Our client was a health care worker who was with her patient in the back of an ambulette in stop and go traffic in Manhattan. Cars on the entering side street had a stop sign. The ambulette driver didn’t let the car in and struck the front right corner of the car. In addition to hiring an unqualified driver, the ambulette company never trained their driver. In addition, the crash happened the first day the driver was not being supervised.
Throughout the trial, the ambulette company blamed the entire crash on the car entering from the side street. The jury saw right through this defense and held the ambulette company 33% responsible and the car 67% responsible. While there was very little property damage to either vehicle and our client did not seek any medical treatment for two weeks, a jury found her subsequent surgery to her neck was from the crash and rendered a verdict totaling $1,000,000.
The case was tried by Trial Partner Linda Armatti-Epstein.
In order to effectively tell our client’s story we often use case animations. These customized, lifelike depictions of the events that lead to our client’s injuries allow opposing council, and in some cases jury members/judges, to walk in our client’s shoes and gain a better understanding of how the ordeal unfolded.
Our client, a Hempstead resident, was a passenger in a work vehicle when the driver was following too closely and crashed into the vehicle in front of them. One of the vehicles was launched into a utility pole. The pole fell on the work truck, crushing out client’s leg and trapping him inside. The fire department had to use the jaws of life to cut our client out. He was rushed to an area hospital where he underwent three major surgeries before being transferred to a rehabilitation center.
Attorney(s): Managing Attorney Ed Steves and Trial Partner Michael Feldman
Settlement: $950,000 Settlement
When our clients paid their rent to their Bronx landlord every month they expected a few things in return. One was that the landlord would properly maintain the regulator on the hot water heater so scalding water would never come out of the faucet. They were home at their Bronx apartment, bathing their 8 month old baby girl like all parents do. They prepared the water at a comfortable temperature and put their daughter in the tub. After bathing her, they turned on the water to rinse the soap off and scalding hot water came from the faucet. The water was so hot it caused 3rd degree burns immediately on the bottom of her feet. Unbeknownst to our clients, the owner of an apartment building on East 196th street in the Bronx failed to fix the hot water regulator for the whole building. Not knowing the management company and apartment owner must control the temperature according to City regulations, our clients didn’t realize they had a claim for their daughter. After seeing Jacoby & Meyers on television two years after the injury, the child’s father contacted the J&M injury lawyers. Since the hot water heater had been changed, it was a challenging case. That did not stop the firm from fully investigating how/why the water was so hot. An expert explained the apartment owner did not have the required temperature regulator on the hot water heater. The bottom line was, had they had the temperature regulator on, the child would never have been burned.
Jacoby & Meyers Managing Attorney Edward Steves and Trial Partner Michael Feldman held the building owner accountable and settled the case before trial for $950,000.
While driving through Briarcliff Manor in Westchester, our 42-year-old client’s car was hit in the rear and she badly hurt her neck. She called Jacoby & Meyers because she wanted to protect herself just in case her injury got worse. Our client had two layers of personal insurance protection. One of her polices afforded her $50,000 in coverage, which we successfully obtained on her behalf. We also notified our client’s other insurer, Chubb, that if the insurance in the car that hit her was less than her own insurance we would be seeking the difference from Chubb. Good thing our client contacted us because the insurance on the car that hit her only had $50,000 of insurance and our client had major surgery to her neck. After collecting the $50,000, we turned to Chubb to pay the difference since our client paid premiums to them to cover this exact scenario. Chubb refused to take her claim seriously so we brought an arbitration action against Chubb as required by the contract of insurance. We provided Chubb with all of the medical reports, drawings of the surgery and statements of people who described how the surgery to our client’s neck prevented her from fully caring for her daughter and doing her job. Eventually, Chubb settled for an additional $700,000 just before the scheduled arbitration. Our client recovered a total of $800,000 for her injuries.
The case was handled by Trial Attorney Gustavo Alzugaray.
Our client was crossing E. 26th Street in Manhattan when he was struck in the crosswalk. The defendant, a New Jersey man, was hurrying to visit his wife in the hospital and turned into our client, who was crossing with the light. After being transported via ambulance, our client underwent surgery to repair a fractured knee. He endured several months of physical therapy and has developed arthritis in his knee. Our Jacoby & Meyers lawyer settled this case at Mediation.
Our client was driving with traffic on the Brooklyn Bridge when he was rear ended. As a result of the accident our client suffered soft tissue injuries to his neck, back, & shoulders. There were no prior injuries, his car was totaled, and our client had to go in for neck surgery. The defendant initially offered $225,000 which was rejected by Jacoby & Meyers. In return we demanded $1.5 million. The case was finally settled for $740,000.
Custodians need to remember to put out wet floor signs whenever they mop a floor near a door. Our client was doing her laundry in the basement of her apartment complex in the Bronx. The custodian never told anyone in the laundry room that he was mopping the floor outside the door to the laundry room. After our client put her clean clothes in her laundry basket, she left the laundry room and her foot slipped on the wet floor. When she was on the ground there was so much water that her clothes were soaked, and the custodian was standing nearby with a mop and a bucket. No signs in the laundry room or by the door were ever put out. Our client was a 40 year-old married mom of two young children. She fell so hard she broke her kneecap and needed surgery.
The City of New York owns and maintains a playground in Brooklyn. A little girl and her family were playing in the park when a storm approached. As the family was leaving the playground, a rotted tree limb fell on the child, breaking her jaw and requiring extensive surgery. Jacoby & Meyers NY sued the City for allowing a dangerous condition to exist, and for not maintaining the trees in the park properly. The case was settled for $650,000 before trial. The case was handled by Trial Partner Linda Armatti.
Attorney(s): Trial Attorney Cynthia Maurer, Partner Ray Futerfas, and Trial Attorney Antonio Grillo.
Our 29-year-old client was driving on a clear summer day in Jersey City, New Jersey, when another driver ignored a stop sign and plowed into her vehicle. The other driver initially attempted to blame a parked commercial truck for the crash, claiming he couldn’t see the stop sign that he ran. When police investigated the scene they found the major contributing factor to the crash was the driver’s inattention, not the van. Our client was in immediate pain after the accident, yet did not realize at first how serious her injuries were. The pain continued to worsen over time and her doctors decided surgery was the best course of action. Within two years of the crash our client underwent three surgeries. The case was settled for $650,000 prior to trial.
The case was handled by Trial Attorney Cynthia Maurer, Partner Ray Futerfas, and Trial Attorney Antonio Grillo.
Our client an 85 year old woman, was walking down the exterior steps of a house, when she fell due to poor lighting and no handrails. As a result of her fall, she fractured her hip. She had surgery and needed a total hip replacement. Our client had no history of prior or subsequent falls. After a full bench trial, she was awarded $650,000.
While working security at a Manhattan office building, our client slipped and fell on water left by the building’s maintenance staff. Since our client did not work directly for the building owner, we commenced a lawsuit against the owner who was responsible for maintenance. As a result of the fall, our client injured his neck and required surgery. The defense claimed the fall had nothing to do with the need for neck surgery since our client was 68 at the time of the fall. The case was settled at mediation by Trial Attorney Mark Becker.
A quiet evening of watching television went wildly awry when our client’s remote control triggered an explosion from the gas leak in the apartment below which was undergoing renovations. The victim sustained serious burns to his hand and face. The landlord’s $500,000 policy was tendered on the eve of the trial. ConEd offered an additional $50,000 to settle the case.
This crash took place in Long Island City between a motorcycle and a parked car. Our client, a 34 year old New York City resident, was proceeding on 111th Street when an uninvolved truck moved into his lane unexpectedly and forced him to move to his right. The defendant, who had been sitting in his parked car, opened the door into the side of the moving motorcycle.
Our client sustained a fractured tibia, fibia, and several broken toes. He underwent surgery where rods and pins were inserted into his right leg. He underwent a second surgery for a bone graft. These injuries left him with significant impairment to his ability to stand, walk or work in his chosen trade as a furniture builder.
This case went to jury trial and a verdict was issued for the Plaintiff.
Our client’s life changed in an instant when a driver in the Bronx chose to run a stop sign. The driver t-boned our client, who was passing through the intersection on his motorcycle. The other driver tried to avoid taking responsibility by claiming his vision was obstructed. This type of thinking is dangerous and puts us all at risk. We cannot afford for drivers to make guesses when it comes to safety. When there is limited visibility, we know we must wait until we’re absolutely certain it is safe to proceed. Instead of waiting until he was sure the intersection was clear, the driver just blindly entered the intersection and struck our client causing catastrophic consequences. When motorcyclists are struck by other drivers their injuries are often severe. This held true for our client. He suffered devastating injuries that left him in immense pain and unable to work for more than two months. He sustained a broken neck, facial fractures, knee fractures, and a fractured him. Fortunately he did not need any surgery for the broken bones. It is not uncommon for negligent drivers to avoid taking blame. Our experienced legal team has decades of experience holding drivers accountable when their actions result in serious injury. Jacoby & Meyers Bronx Injury Attorney, Gustavo Alzugaray was able to collect a $525,000 settlement on behalf of our client.
A national pizza chain is famous for delivering hot pizza. On a Friday night, the pizza delivery driver was rushing to deliver a pizza while it was still hot. The driver wasn’t familiar with the delivery location and was busy looking at his phone for directions as he passed through an intersection in the Town of Islip in Suffolk County. Just as the distracted driver was going through the intersection our 35-year-old client was crossing the street and was struck by the car. While our client’s leg was broken in multiple places, we are thankful he did not require surgery to stabilize the fractures. After several weeks of rehabilitation he was able to walk again without the need of crutches or a cane.
The case was handled by Trial Attorney Mark Becker. After the case was ready for trial the case was settled for $525,000.
Supermarkets are busy places. Aisles filled with shopping carts, kids, shoppers and extra product making the aisles smaller than they need to be. No one knows this more than the grocers in the store. That is why our client knew she needed to hold the grocer accountable for looking to his right while walking left, knocking her down and falling on top of her. Our 62 year old client suffered a broken leg and needed surgery to install a metal rod to stabilize the bone. The supermarket denied any responsibility and blamed our client for stepping in front of the grocer…until we showed up for trial. Once they knew we were ready to proceed to trial the supermarket changed its position and ultimately settled before jury selection for $525,000. This case was handled by trial attorney Chris Camastro.
After a house fire in their Elmont home in Nassau County, our client required substantial renovations to be able to move back in. After hiring a contractor the work began. Since the fire destroyed the stairs an entire new staircase was installed. The staircase was delivered with a covering affixed to each step to protect the wood. After the stairs were installed, the contractor removed the protective covering to install the molding around the stairs. The contractor then re-affixed the protective covering on all the steps, except one. The contractor simply laid the protective covering on the third from the bottom step. As our client was walking down the steps, without any warning, the protective cover slipped out causing him to tear the muscle and tendons in his legs. The tears were so bad he needed surgery. The contractor refused to accept any responsibility for creating the trap. Trial Attorney Sharon Scanlan warned the contractor’s lawyer and the contractor that if a jury found them responsible, we would not limit our recovery to only the available insurance. A Nassau County jury didn’t accept the contractor’s excuses and found him 100% responsible for creating the trap.
The case settled for the full policy amount of $500,000 plus an additional $22,000 paid by the contractor directly to cover our unnecessary court costs.
Attorney(s): Trial Attorney Levi Glick, Partner Mary Ellen Wright and Managing Partner Andrew Finkelstein.
Diabetes must be regularly monitored and must not be neglected by nursing homes. Unfortunately, that is exactly what happened when our 81-year-old client was residing in a Brooklyn nursing home. The nursing home staff allowed our client to slip into a diabetic coma and she never recovered. Her children hired Jacoby & Meyers to hold the nursing home staff accountable for not properly monitoring their mom. After depositions, the case was settled for $500,000.
The case was handled by Trial Attorney Levi Glick, Partner Mary Ellen Wright and Managing Partner Andrew Finkelstein.
A Yonkers ordinance requires home owners to clear snow and ice from sidewalks in front of their house. When a home owner chose to ignore the ordinance and leave an icy sidewalk in front of their house it created a dangerous condition for everyone. At 11:45 at night our client was walking home after a long day of work. The lighting was poor and the ice couldn’t be seen. Even his work-boots couldn’t keep him from slipping and falling. As a result of the homeowner choosing to not put salt or sand down as required, our 25 year old Yonkers client broke 2 bones in his ankle. The breaks were so severe he needed multiple surgeries including the insertion of a metal rod. We held the homeowner accountable for violating the simple safety rules that would have prevented this fall.
Managing Attorney David Akerib and Trial Attorney Sharon Scanlan settled the case prior to trial for $450,000.
Our client had complained to his doctor of back pain on numerous occasions. Testing revealed a mass in his lung but our client was not notified of this result. A year later he was diagnosed with stage 4 lung cancer that had spread to his bones and he was given a few months to live. Had our client been given a timely diagnosis his cancer could have been treated and contained. This case was handled with co-counsel and settled before trial.
Our 76-year-old client waited patiently for the light in to turn before entering the crosswalk in Queens, NY. Once the green walk sign lit up, she began crossing. As she was just walking over the first lane a car made a right on red and struck her, knocking her to the ground. As a result of being hit, our client broke her hip. Luckily, no surgery was needed. Unfortunately, and unrelated to being hit by the car, our client passed away when she was 79, just prior to the trial. The insurance company for the negligent driver agreed to settle and pay her estate $400,000. The case was handled by Trial Partner Sharon Scanlan.
A 66 year-old woman was crossing the street using the cross walk when she was struck by the defendant’s vehicle while he was trying to back up. Our client suffered a femur fracture which required surgery for the insertion of a rod into her leg.
Attorney(s): Managing Attorney Ed Steves & Trial Partner Linda Epstein
Settlement: $425,000 Settlement
While riding on Shore Road and 79th Street in Brooklyn, our client was busy paying attention to the traffic and pedestrians. As he approached the intersection there was a deep depression in the dedicated bike lane that caused the front wheel to abruptly stop and throw our client off his bike. After getting medical treatment he contacted Jacoby & Meyers and we immediately sent an investigator to photograph the defective road. The photos of the scene confirmed the City had actual notice of the dangerous condition – they painted a white bike marker on the bike path and the head of the marker was squarely in the defect. We also obtained the 411 complaints for the area and learned several people called and complained about the depression before the bike crash. At the time of the crash our 25 year old client was going to college for visual arts. Unfortunately he broke his dominant hand and wrist and needed surgery to repair the broken bones.
The case was handled by Managing Attorney Ed Steves and was settled by Trial Partner Linda Epstein for $425,000.
Our client a 32-year-old male on disability due to Bipolar disorder, was struck by a car on a rainy day while crossing the road in the crosswalk, with the cross light. The defendant, who was attempting a left turn claimed he could not see the victim because he was dressed in dark clothing and not using an umbrella. Our client suffered a fractured ankle, which required surgery.
Attorney(s): Attorney Gustavo Alzugaray, Elizabeth Wolff
Settlement: $400,000 Jury Verdict
Our client, a 47 year old Yonkers resident, was traveling on Mclean Avenue in Westchester County when the defendant ran a red light causing this crash. He received injuries to both shoulders and his left hand and thumb. After many months of physical therapy and injections, his pain continues. His injuries have affected his life in many ways. He has difficulty sleeping, can’t carry or lift heavy items, and can no longer enjoy the activities he has in the past, such as camping with his family.
This case went to trial and received a jury award.
Our client was hired to paint the interior of a commercial building in Richmond Hill, Queens, NY. As he was on an A-frame ladder, a ceiling tile fell from the grid ceiling and knocked him off his ladder. As a result of hitting the hard ground, our client suffered a broken bone in his back. Fortunately, no surgery was required. The case was settled for $310,000. The case was handled by Trial Partner Sharon Scanlan.
Our client was struck and killed while walking on Route 4 in Paramus, New Jersey. It is believed he was coming from a Verizon store where he had gone to have his cell phone looked at. He worked at the nearby Modells, so he was familiar with the roadway. Our client was not a driver, and took the bus back and forth to work every day and often walked to different locations.
The defendant testified that he did not see the deceased until impact, but that he was alive and breathing when he was placed in an ambulance. He was pronounced dead at the hospital.
The estate’s Jacoby & Meyers attorney settled the case before trial.
Walking in Manhattan can be treacherous, even when you have the right of way. A delivery driver in a van was distracted as he turned from Avenue A on to East Houston Street and hit our client who was walking with the light in the crosswalk. Our client hit her head when she was knocked to the ground. She was knocked unconscious and has no memory of being hit.
The case was settled after depositions for $285,000 by Trial Partner Michael Feldman.
When a nursing home accepts a resident, they do so with the understanding they are capable to care for all the resident’s health care needs. Heath care needs include dental needs. When a resident complains of a toothache, the nursing home staff must make arrangements to take the resident to a dentist. Unfortunately, our client’s complaints were ignored and her care was neglected. The toothache developed into an abyss and a thrush infection. The infection was so significant it required hospitalization with an intravenous antibiotic. The case was settled at jury selection by Nursing Home Trial Lawyer Michael Zaransky.
Upon admission to the nursing home in Suffolk County, Long Island, our 81-year-old client was assessed to be a risk of falls. After such an assessment, the nursing home failed to create and implement a care plan to minimize her risk of falling. After falling four times, the nursing home still failed to implement an appropriate care plan. On her fifth fall, our client struck her head and suffered a brain injury. It wasn’t until her daughter visited, saw the large bump on her forehead and insisted on medical care did the nursing home do anything. An ambulance was called and the brain bleed was discovered at the hospital. She was admitted for a few weeks and then discharged to hospice care where she died four weeks after her fall from unrelated causes. The case was handled by Trial Attorney Michael Zaransky and the family settled the case for $250,000.
Our client, a 32-year-old woman working off-the-books as a bartender, was rollerblading to work on 22nd Street in Manhattan. She came upon a traffic backup on this one way street, and so she skated past the stopped cars, and “tapped” with her hand the front car’s hood to let the driver know she was passing through. Less than 1 minute later she was struck from behind by the same driver. Her ankle was fractured and required surgery. Although she was legally married at the time of the accident, she had her civil ceremony/reception post- accident and had to be on crutches for the ceremony.
Attorney(s): Victoria Lightcap and Elizabeth Wolf.
Settlement: $247,000 Settlement
Responsible drivers on Lake Moraine Road in Madison County know to reduce their speed when snow begins to fall. When a driver ignores the road conditions and causes a crash, we hold them responsible. Shortly after it started snowing a driver was driving too fast and crossed over the center line, crashing into our client and his wife. Our client had recently returned to work after being out of work for a few months due to a prior shoulder and back injury. Two short weeks after returning this crash happened. As a result of the other driver speeding on icy roads our client’s lower back got worse. Just before the trial was about to start at the Madison County Courthouse the case was settled for $247,000. The case was handled by attorneys Victoria Lightcap and Elizabeth Wolf.
Landlords who choose not to maintain their property must be held accountable when someone gets hurt. That’s what we did for our 53-year-old client who was on his way to work at the Westchester VA when the concrete slab at his house was iced up and his landlord never salted or sanded. The slip caused him to rupture a tendon in his leg so badly he needed surgery.
The case was handled by Trial Partner Michael Feldman.
A carpenter must take care to affix a front porch overhang into the support beams and not just the siding. Unfortunately, our client did not know the carpenter was so reckless and the overhang he was installing shingles to broke away from the house causing him to fall 25 feet. As a result, our client broke a bone in his back and missed 5 months of work. Fortunately, he did not require any surgery and is back to work full time. The case was settled 2 weeks before the scheduled trial in Staten Island for $200,000.
The case was handled by Trial Partner Linda Epstein and Managing Attorney Ed Steves.
A New Jersey long-term rehabilitation facility failed to properly treat pressure ulcers (or bed sores) on a stroke victim who was wheel chair bound. The facility’s failure to properly monitor and assess this resident caused the development and worsening of multiple pressure ulcers on his left heel. The non-healing ulcers ultimately became infected and necessitated an above knee amputation causing significant pain and suffering. The resident was just 76 years old at the time. The nursing home argued a bed sore on the heel is unavoidable. We argued the amputation could have been avoided had the long-term rehabilitation facility properly monitored and treated our client. Jacoby & Meyers New Jersey injury attorney Jonathan Minkove and Nursing Home abuse attorney Mary Ellen Wright successfully settled this case for $175,000. Our nursing home abuse attorneys are passionate about holding negligent facilities accountable, not only for the sake of our clients but also to prevent future cases of nursing home abuse and neglect.
On any given morning in the Town of LaGrange there are children along roadways waiting to board school buses, commuters traveling to work, and families carpooling to daily activities. We all depend on one another to drive responsibly and understand there are huge risks in failing to do so. Our client was on Noxon Road in LaGrange when suddenly a distracted driver crossed over into our client’s lane and struck her head on. The impact was so forceful our client’s car was propelled into a nearby pond. Our client survived the crash with a number of serious injuries, including a broken leg, fractured back, and a broken rib. Her leg was so severely broken it required the surgical placement of a rod. Because the driver of the other vehicle chose not to pay attention to the road they put countless individuals at risk and permanently altered our client’s life. Managing Attorney Elyssa Fried-DeRosa was able to obtain the full amount of all available insurance, which unfortunately was only $100,000.