On October 31, 2011, Marion Hedges went to a shopping center at East 117th Street in Manhattan with her 13 year old son. After they left a store, they walked to a parking garage station, when she was hit by a metal shopping cart which two adolescent boys threw over a railing from a pedestrian
Brain Injuries
Appellate Court Orders Increase in Pain and Suffering Damages in Car Crash Case
On January 30, 2013, Arnaldo Rojas was driving his car on Union Avenue in Harrison when another car crossed the double yellow line causing a crash.
In his ensuing lawsuit, Mr. Rojas, then 62 years old, claimed neck and brain injuries. He was granted summary judgment as to liability and the matter then proceeded to…
Court Addresses Claim of Inconsistent Damages Verdict
Medical Malpractice Verdicts on Liability and Damages Upheld on Appeal against Obstetrician-Gynecologist
Anthony Bianco was born on December 31, 1999 at Winthrop University Hospital in Mineola. He was delivered by means of a vacuum extraction under the supervision of Steven Sherwin, M.D., an obstetrician-gynecologist.
Years later, Anthony’s mother, Mauro Bianco, commenced a medical malpractice lawsuit against her physician claiming that Dr. Sherwin improperly performed the vacuum extraction…
Traumatic Brain Injury Jury Awards Reinstated on Appeal after Substantial Increase by Trial Judge
On November 7, 2013, Paige Mecca, a 43 year old owner of a small solar energy company, was struck in the head and neck by a large 40 pound tray of dishes and food dropped by a waitress who lost her balance at a luncheon at the Buffalo Niagara Convention Center.…
Huge Pain and Suffering Award Slashed in Infant Brain Damage Case
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…
Brain Damage Pain and Suffering Award Slashed in Case of Patient who Fell at Assisted Living Facility
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…
Substantial Jury Awards for Driver and Passenger Reduced in Intersection Crash Case
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…
Newborn’s Brain Injury Pain and Suffering Award Reduced
Jaelin Sence was born on July 4, 2007 at New York Methodist Hospital (NYMH) in Brooklyn. He was discharged two days later after examinations and tests indicated to hospital personnel he was normal and healthy.
The next day, though, Jaelin began to vomit and show…
Substantial Pain and Suffering Verdict Affirmed for Boy Struck by Bus
On December 18, 2009, then 12 year old Angel Ramos was struck by a city bus as he was attempting to cross Westchester Avenue between 163rd Street and Rogers Place in the Bronx.
Angel had attended his usual after-school math tutoring class at Sylvan Learning Center and intended to meet up with his aunt and…