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Category Archives: Wrongful Death

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Substantial Awards in Medical Malpractice Case for Pre-Death Pain and Suffering and Costs of Care of Decedent’s Disabled Adult Child

Posted in Medical Malpractice, Wrongful Death

On Wednesday June 18, 2008, Nam Yoon Lee woke up with stabbing pain on the right side of his stomach. He went with his wife to the emergency room at a hospital in Queens where morphine was administered, tests led to a diagnosis of gallbladder disease and a plan was made to surgically remove his… Continue Reading

Appellate Court Rules on Conscious Pain and Suffering Damages in Case Invovling Death at Scene of Bus Accident

Posted in Wrongful Death

Lourdes Fernandez was 68 years old on July 2, 2008 when, at about 1:30 p.m., she was crossing Madison Street near its intersection with Jackson Street in Manhattan. She was struck by a left turning bus and died at the scene. Her son, Roberto Santana, as administrator of his mother’s estate, sued the bus driver… Continue Reading

Damage Awards Affirmed in Wrongful Death Medical Malpractice Case

Posted in Medical Malpractice, Wrongful Death

Hermine Browne, a 58 year old nurse’s aide, was experiencing excruciating stomach pain when she went to see her internist on February 17, 2001. The doctor diagnosed her with irritable bowel syndrome and prescribed medication. Unfortunately, the pain continued (and the same diagnosis was made) through March of 2002 when a sonogram and then a… Continue Reading

Court Affirms Pain and Suffering Award in Wrongful Death Car Crash Case – Passenger Conscious for 39 Minutes

Posted in Wrongful Death

On August 11, 2008, Elvia Collado was 22 years old and working  as a counselor for developmentally disabled kids while attending college at night. That was the day she died when Waldo Vargas, her boyfriend of three years, crashed his car while driving intoxicated on the Belt Parkway at Springfield Boulevard in Queens. He lost… Continue Reading

State Negligent in Causing Death but No Damages Allowed

Posted in Wrongful Death

Cheryl Thurston lived in a group home facility operated by New York State’s Office for People with Developmental Disabilities. The residents at 8 Hilltop Drive in Pittsford all had developmental disabilities and each was subject to varying degrees of supervision with regard to things like mobility and safety. Ms. Thurston was mentally and physically handicapped… 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

$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

Pre-Death Pain and Suffering Verdict of $3,500,000 Upheld on Appeal in Death of Ten Year Old Girl

Posted in Medical Malpractice, Wrongful Death

  Anna Gloria Rivera was born in 1988 and within three months she was diagnosed with asthma (a chronic inflammatory disease of the airways). Growing up, she used a nebulizer with Albuterol to alleviate her symptoms but from time to time suffered from asthma attacks that would sometimes end up with emergency room treatment before she’d be released back to her… Continue Reading

Pre-Death Pain and Suffering Verdict of $3,000,000; Case Dismissed on Appeal

Posted in Medical Malpractice, Wrongful Death

Tragedy struck on January 28, 2004 when four year old Nico Rivera died. He’d fallen ill on December 22nd with what appeared to be flu-like symptoms and over the next 4 1/2 weeks, his parents took him several times both to and from his pediatrician’s office and the hospital. After his second seizure, Nico stopped… Continue Reading

$1,000,000 Affirmed for 7 1/2 Months of Pre-Death Pain and Suffering; 68 Year Old Underwent Successful Heart Surgery but Post-Op Feeding Tube Caused Stomach Perforation and Leakage Leading to Fatal Cardiac Arrest

Posted in Medical Malpractice, Wrongful Death

On June 11, 2001, Gerald Frenchman, who’d been asymptomatic and in generally good health, underwent routine cardiac testing which revealed coronary artery blockage and valve disease. A triple coronary bypass surgery was successfully done right away but a few months later, he was diagnosed with right sided heart failure. On October 4th, Mr. Frenchman underwent… Continue Reading

Wrongful Death Damages in the Sum of $520,000 and Bus Driver’s Negligence Affirmed but New Trial Ordered to Determine whether Verdict should be Reduced for Comparative Fault of 15 year old Decedent Riding his Bicycle too closely to Bus

Posted in Wrongful Death

It was a beautiful summer day on July 20, 2001, still light out around 7 p.m., when 15 year old Geremy McConnell was riding his bicycle on Hyland Boulevard, just north of Donley Avenue, in Staten Island. He was headed towards his cousin’s house but was killed instantly when the right rear wheel of a… Continue Reading

Pre-Death Pain and Suffering Verdict Slashed by Appellate Court from $5,000,000 to $2,500,000 because Woman in Coma for 4 ½ Years was only “Sporadically Aware” of her Condition

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

On October 3, 1996, Edith Schaffer, then 67 years old, voluntarily admitted herself to a small psychiatric hospital in Ossining, New York, for an episode of depression and anxiety. The next day, she suffered the first of a series of seizures and was sent to a nearby community hospital for a neurological consult and tests…. Continue Reading

Pre-Death Pain and Suffering Jury Verdict of $3,000,000 Overturned on Appeal Because Death Occurred Instantly and Decedent was Unaware Police Officer Had Drawn Weapon

Posted in Wrongful Death

On March 1, 2000 at about 6:30 p.m., New York City Police Officer Luis Rivera was patrolling a high crime area in the Bronx. He was with members of his special narcotics unit and he was acting undercover, in plainclothes. Noticing four men acting suspiciously at the entrance to a four story building on Boynton… Continue Reading

New Trial Ordered by Appellate Court in Lawsuit over Teenager’s Drowning Death – Jury was Wrong in Refusing to Award Pain and Suffering Damages for 11 Day Period after Drowning but before Death

Posted in Wrongful Death

It was a hot summer day – a great one to be off the city streets and in a cool swimming pool. So, on July 21, 1995, Jeremy Williams, an 18 year old high school senior, went to Betsy Head Pool in Brooklyn. Part of the New York City Parks department system, the pool is… Continue Reading

Lawsuit Involving Death of Six Year Old Boy Hit by Oxygen Tank While Undergoing MRI Test Settles on Verge of Trial for $2,900,000

Posted in Wrongful Death

We wrote about this tragic case last August, here, and can now report that the estate of Michael Colombini has settled all of the claims arising out of his death in 2001. Bearing full responsibility, Westchester County Health Care Corp. (the formal name of Westchester Medical Center in Valhalla, New York) has agreed to pay $2,900,000. Michael Colombini had… Continue Reading

Substantial Awards for Brief Periods of Pre-Death Pain and Suffering in Two New Appeals Court Decisions

Posted in Wrongful Death

A significant element of damages in New York wrongful death personal injury lawsuits is pre-death pain and suffering. This can be very difficult to prove (as opposed to other elements such as the decedent’s future lost earnings). Here’s Pattern Jury Instruction 2:320 which is what New York judges tell juries about pain and suffering in… Continue Reading

Courts Rule on Important Issues in Drunk Driving Injury Cases: Husband who bought drinks may sue for wife’s death; Driver who struck pedestrian may look to bar to share in defense

Posted in Leg Injuries, Wrongful Death

It’s as simple as A-B-C. The Alcohol Beverage Control Law has long provided that it is a crime to sell alcohol to a visibly intoxicated person. Violation of the A.B.C. Law will expose the seller to a lawsuit for civil damages too. We visit two new cases that made their way to appeals courts this month, each… Continue Reading