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Category Archives: Brain Injuries

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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

$8,000,000 Brain Damage Verdict Vacated by Appeals Court; New Trial Ordered Because Trial Judge Erroneously Discharged a Deliberating Juror

Posted in Brain Injuries, Medical Malpractice

Destiny Avila was born at Harlem Hospital on January 5, 2001. It was a difficult delivery – Destiny was 10 pounds and her clavicle had to be forcibly fractured to get her out. Then, she was intubated and sent to the neonatal ICU for two days. Apparently all was well and baby and mother were… Continue Reading

Doctor Wrongly Precluded from Testifying as to whether Car Accident Caused Traumatic Brain Injury; Appellate Court Orders New Trial in $2,000,000 Pain and Suffering Damages Lawsuit Dismissed During Trial

Posted in Brain Injuries, Law of Damages

Plaintiff’s attorney told the jury in his opening statement on July 10, 2007 that a pedestrian knockdown car accident on October 3, 2002 was defendants’ fault and caused his client, 46 year Harry Soriano, to sustain traumatic brain injuries (TBI) along with herniated discs in his back and neck. Counsel also told the jury that… Continue Reading

Medical Malpractice in Childbirth Results in Large Pain and Suffering Verdicts Approved by Appellate Court – $5,000,000 for Mother and $4,150,000 for Infant

Posted in Brain Injuries, Medical Malpractice

On October 15, 1998, Eung Maing, then 37 years old and 41 weeks pregnant with her first child, was admitted to St. Vincent’s Hospital in Queens, New York. The doctors determined that she had insufficient amniotic fluid and labor should be induced. After a difficult 24 hours or so, a low forceps delivery was performed… Continue Reading

Brain Damage Verdict: $800,000 for Future Pain and Suffering Upheld for Two Children Poisoned by Lead Paint despite Award of Zero for Past Pain and Suffering

Posted in Brain Injuries

In August 2000, when they were two and five years old, Wendy Solis-Vicuna and her sister Yessenia moved with their father to an apartment at 6823 Ridge Boulevard, a 20 unit building in Brooklyn, New York built in the 1900’s. The apartment was full of peeling and chipped lead paint, a well-known hazard to children… Continue Reading

Appeal of Verdict in excess of $105,000,000 for Brain Damages from Medical Malpractice Results in Recovery of Only $5,377,000

Posted in Brain Injuries, Medical Malpractice

On March 12, 2002, Thomas Dockery, a 34 year old cable splicer for Verizon, suffered a grand mal seizure in his sleep of unknown origin. He’d never before had a seizure so he was rushed by ambulance to Peninsula Hospital in Far Rockaway, New York. At the hospital, a CT scan was interpreted as normal…. Continue Reading