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Tag Archives: Conscious Pain and Suffering

Verdict Affirmed in Mall Parking Lot Death Case

Posted in Wrongful Death

On June 29, 2005, Concetta Russo-Carriero, a 56 year old paralegal, was abducted, stabbed twice with a knife and murdered in the parking garage of a White Plains shopping mall. The perpetrator, 43 year old Phillip Grant, was a convicted rapist who’d already spent 25 years in prison. He specifically selected the garage to commit… 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

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

Malpractice Suit Settles after Judge Refuses to Dismiss Punitive Damages Claim in Tragic Case Alleging Multiple Hospital Errors

Posted in Medical Malpractice, Wrongful Death

New York firefighter Kevin Deane was skiing in lovely Vail, Colorado on April 1, 2007 when he fell and suffered a spinal cord injury requiring cervical discectomy and fusion surgery that was performed there without complication. When he flew back to New York City to undergo rehabilitation at Mount Sinai Hospital on April 6th, tragedy… Continue Reading

No Pain and Suffering Damages in Wrongful Death Case Despite Appellate Court Ruling that Defendants Liable for Medical Malpractice

Posted in Brain Injuries, Medical Malpractice, Wrongful Death

Dolores Johnson was 70 years old when she suffered a stroke and had to undergo surgery for a clot on a pre-existing mitral valve. There was a danger that the clot would break off and block a blood vessel. After the surgery, Ms. Johnson never woke up and five days later she died. Cause of… Continue Reading

Death Case Verdict: $5,000,000 for 4 1/2 Years of Pain and Suffering (While in a Coma) – Will Not Stand on Appeal

Posted in Wrongful Death

A Westchester County jury recently returned a verdict of $5,000,000 in favor of the estate of a woman who died because of medical malpractice. It will not stand up on appeal. In Schaffer v. Stony Lodge Hospital (Supreme Court, Westchester County; Index # 4155/99; 11/6/08), a 68 year old woman with long standing depression went… Continue Reading