On July 13, 2011, Bohdan Vitenko was swimming laps at the city owned and operated Lyons swimming pool in Staten Island. He and his friends were training by swimming underwater as much of the length of the Olympic-sized pool as they could without breathing, immediately followed by attempting to remain underwater as long as
Jury’s Pre-Death Pain and Suffering Award Affirmed in Vehicle Crash Case
On June 6, 2016, at about 7:30 a.m., Barry Schneider was operating a motorized scooter at the intersection of two roads in Great Neck when he was struck by a turning car that failed to yield the right of way. Mr. Schneider, a 69 year-old accountant, was seriously injured and died four days later on
Appellate Court Affirms Pre-Death Conscious Pain and Suffering Award against Nursing Home for Failure to Clear Airway after Cardiac Arrest
On April 2, 2014, Nathan Wasserberg was admitted to Menorah Center for Rehabilitation & Nursing Care in Brooklyn after a two month hospital stay due to diabetes that led to a toe amputation, sepsis and other conditions. He was unable to walk or use his arms, mumbled to communicate and could not consume any food
Pre-Death Pain and Suffering Award Affirmed in Medical Malpractice Case
Hamidan Mahamad died from ovarian cancer on July 28, 2015. Thereafter, her gynecologist and his practice were sued by her executrix who claimed that the doctor diminished Ms. Mahamad’s chance for a better outcome by failing, following an annual physical and ultrasound in April 2010, to order a certain blood test and refer her to
Appellate Court Rules Evidence Sufficient to Support Pre-Death Conscious Pain and Suffering Verdict in Vehicle Crash Case
On September 13, 2012, Juan Velez was riding his motorcycle on West 125th Street in Manhattan when he was struck by a cab owned by Bolla Taxi, Inc. and driven by Kandarpo Roy. Tragically, Mr. Velez, then 62 years old, was killed as a result of the crash.
In the ensuing lawsuit by the decedent’s
Substantial Pre-Death Pain and Suffering Damages Awarded in Home Fire Case
On March 21, 2009, 43-year-old Gloria Bonila died as a result of injuries sustained in a fire at the Riverview IRA, a state-run home for mentally disabled individuals in Wells, New York.
A claim against the state was filed on behalf of Ms. Bonila
Appellate Court Addresses Issues in Peritoneal Mesothelioma Death Case
On November 12, 2012, Florence Nemeth, then 67 years old, was diagnosed with peritoneal mesothelioma, a tumor of mesothelia cells in the abdomen. She died from the disease on March 5, 2016, before a lawsuit was brought on her behalf against several firms involved in the manufacture and distribution of a talc based product
Substantial Pre-Death Pain and Suffering Award in Case of Woman Struck by Vehicle
On November 23, 2011, Margarita Martinez was pushing her shopping cart in a crosswalk when she was struck by a cargo van on Cypress Avenue at East 138th Street in the Bronx. The van was driven by Robert Lane in the course of his employment as a delivery driver for Premium Laundry.
Ms. Martinez, 79
Pre-Death Pain and Suffering Claims Reinstated on Appeal for Patient in Vegetative State
After five years in a nursing home for treatment for several medical issues including chronic urinary tract infections and a stroke, and a month at New York Presbyterian Hospital (“New York Pres.”) in October 2013 where she was treated for respiratory distress and pneumonia, Charlotte Much was transferred to a New York City nursing home
Damages Affirmed in Case of Medication Error Causing Death of 81 Year Old Hospital Patient
On August 16, 2007, Rose Kij, then 81 years old, had a sudden attack of left-sided weakness and was taken by ambulance from her home in Buffalo to Millard Fillmore Gates Hospital. She was admitted with a diagnosis of transient ischemic attack (similar to a stroke, but usually lasting only a few minutes and causing