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Category Archives: Brain Injuries

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Huge Pain and Suffering Award Slashed in Infant Brain Damage Case

Posted in Brain Injuries, Medical Malpractice

Shannon Reilly was born on November 1, 2002 at St. Charles Hospital in Port Jefferson. Doctors quickly noticed Shannon was suffering seizures and she was later determined to be suffering from cerebral palsy. In the ensuing lawsuit against the hospital and the obstetrician, Shannon’s parents claimed that her delivery was improperly managed allowing a hypoxic… Continue Reading

Brain Damage Pain and Suffering Award Slashed in Case of Patient who Fell at Assisted Living Facility

Posted in Brain Injuries

On July 8, 2006 Frances Feinstein, a 75 year old patient at Norwegian Christian Home & Health Center (“Norwegian” – an assisted living facility in Brooklyn), was found on the floor with a knot on her forehead, evidently the result of a fall. The head trauma caused a brain injury requiring transfer to a hospital… Continue Reading

Substantial Jury Awards for Driver and Passenger Reduced in Intersection Crash Case

Posted in Brain Injuries, Knee Injuries, Leg Injuries

On August 19, 2008, Dorothy Dunnigan was driving through an intersection on White Plains Road in the Bronx when her vehicle was struck by a transit authority bus. Both the 79 year old Ms. Dunnigan and her 41 year old passenger Dorothy Lemon sustained serious injuries. In their ensuing lawsuits, a Bronx County jury determined… Continue Reading

Appellate Court Upholds $2,500,000 Pain and Suffering Verdict for Mild Traumatic Brain Injury

Posted in Brain Injuries

On July 12, 2004, following an unexpected torrential storm, several inches of rainwater accumulated on the rooftop, overflowed and cascaded down the internal staircase at 365 West 50th Street, a five story walk-up tenement in Manhattan: That’s where one of the tenants, Joanne Higgins, slipped and fell down the stairs, hitting her head on concrete… Continue Reading

Court Orders Substantial Reduction in Pain and Suffering Damages in Severe Orthopedic and Brain Injury Trauma Case

Posted in Back Injuries, Brain Injuries, Leg Injuries, Neck Injuries, Wrist Injuries

A 26 year old restaurant deliveryman was was bicycling in the Bedford-Stuyversant section of Brooklyn on June 4, 2005, on his way to make a food delivery from King’s Men Restaurant, when a car struck him from behind. Jing Xue Jiang flew through the air and the next thing he remembered was waking up at… Continue Reading

Review of the 10 Largest Pain and Suffering Awards Approved by New York’s Appellate Courts in 2011

Posted in Amputation Injuries, Brain Injuries, Leg Injuries, Paralysis, Wrongful Death

New York’s appellate courts issued decisions in 10 cases in 2011 that approved pain and suffering damages in the sum of $3,500,000 or more. The largest was $12,000,000 for a 24 year old woman who was paralyzed when a weight-lifting machine fell on top of her. The courts affirmed the jury verdict in five of… Continue Reading

Traumatic Brain Injury Pain and Suffering Verdict Reduced on Appeal from $3,592,000 to $2,760,000 for College Student in Car Accident

Posted in Brain Injuries

On August 30, 2001 Kenzie Godfrey was an honors physics student about to begin her senior year at Hunter College in Manhattan. She was headed towards a NASA research position and then a PhD upon graduation. Her dreams turned into nightmares that day when the 21 year old was a rear seat passenger in a taxicab… Continue Reading

$5,500,000 Pain and Suffering Award Upheld for Worker in Construction Site Accident

Posted in Brain Injuries, Facial Injuries, Hip and Pelvis Injuries, Wrist Injuries

On August 13, 2006, George Nunez was working as part of a New York City Transit Authority crew replacing subway tracks in Brooklyn. A walkway suddenly collapsed and he fell 30 feet to the street below, causing him to sustain numerous life-altering injuries.   Nunez, 48 years old at the time of the accident, sued… Continue Reading

Brain and Leg Injuries Result in $15,000,000 Pain and Suffering Verdict Reduced to $5,000,000 by Appeals Court

Posted in Brain Injuries, Leg Injuries

On November 29, 2004 at about 3:15 p.m., Rashawana Belt was on the sidewalk that abutted the eastbound side of 110th Avenue, near its intersection at Merrick Boulevard, in the Jamaica section of Queens. In a split second, her life would change unalterably when a drunk driver mounted the sidewalk, struck Rashawana and drove her… Continue Reading

$3,000,000 for 11 Months of Pre-Death Pain and Suffering Affirmed in Medical Malpractice Case

Posted in Brain Injuries, Loss of Consortium Damages, Medical Malpractice, Wrongful Death

Theresa Capwell was 33 years old and in good health when she started experiencing abdominal pain. She was diagnosed with pancreatitis (an inflammation of the pancreas) and admitted to Westchester Medical Center on September 18, 2000. Within five days of her hospital admission, Theresa suffered acute respiratory distress and she was placed on a ventilator…. Continue Reading

New Trial Required in Traumatic Brain Injury Case due to Jury’s Erroneous Finding that Bus Driver 100% at Fault for Pedestrian Knockdown; $1,800,000 Pain and Suffering Verdict Unchallenged

Posted in Brain Injuries

On September 27, 2003, Claude Williams, a 66 year old retiree, stepped off the curb on Madison Avenue near its intersection with 125th Street in Manhattan and was struck by a New York City Transit Authority (NYCTA) bus. His injuries, described below, were severe. In the lawsuit that followed, Williams v. Hooper (Supreme Court, New… Continue Reading

Brain Injury Pain and Suffering Verdict Reduced on Appeal from $10,478,000 to $5,000,000 for Dentist in Moped Accident

Posted in Back Injuries, Brain Injuries

He was known as the "Dentist to the Stars" but at about 9 p.m. on August 8, 2002 then 50 year old Larry Ashkinazy’s moped accident changed his whole life. He landed head first on the street, lost consciousness and was rushed by ambulance and admitted to a local hospital. Driving a moped like this,… Continue Reading

Brain Damage from Medical Malpractice at Birth – $56 Million Verdict, including $22 Million for Pain and Suffering, to be Resolved on Appeal

Posted in Brain Injuries, Medical Malpractice

On October 10, 2003, Mary Swanson, then 41 years old, delivered her fourth child, Michael, at a hospital in Mount Kisco, New York. During delivery, shoulder dystocia was encountered (a condition at delivery in which the baby’s shoulder gets hung up on the mother’s pubic bone after delivery of the baby’s head). Here is what… Continue Reading

Traumatic Brain Injury Pain and Suffering Verdict for $2,500,000 Upheld on Appeal Despite Lack of Objective Medical Test Demonstrating Injury for First Six Years after Car Accident

Posted in Brain Injuries, Loss of Consortium Damages

On February 5, 2002, Diane Garrison, a 44 year old housewife, was involved in a high speed motor vehicle accident in Ulster County, New York. The other driver admitted his liability for the crash in which Ms. Garrison’s head struck the window of her car’s door. Only a huge impact can smash a car window:… Continue Reading