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New York Injury Cases Blog Damages News, Updates and Analysis of Personal Injury, Wrongful Death and Medical Malpractice Awards

Tag Archives: Pre-Death Pain and Suffering

Punitive Damages Assessed in Medical Malpractice Case

Posted in Medical Malpractice, Punitive Damages

On October 26, 2009, when six year old Claudialee Gomez Nicanor was examined by her pediatrician, a test revealed that her blood had an excessive amount of glucose so she was referred to an endocrinologist in Elmhurst, Dr. Arlene Basa Mercado. On October 31, 2009, Dr. Mercado examined Claudialee and diagnosed obesity and impaired tolerance of… Continue Reading

Appellate Court Affirms Liability Verdict and Modifies Damages Awarded by Jury in Truck-Pedestrian Fatality Case

Posted in Wrongful Death

On May 10, 2007, Ivan Hernandez Morales, then 21 years old, was killed in a work-related accident when a private garbage truck lurched backward and he was pinned and crushed against a dumpster in a driveway off 37th Street in Astoria. Mr. Morales was employed  as a helper on the truck owned by his employer… Continue Reading

Appellate Court Addresses Pre-Impact Terror, Conscious Pain and Suffering and Pecuniary Damages in Pedestrian Knockdown Wrongful Death Case

Posted in Wrongful Death

On December 2, 2009 at about 7 p.m., a woman was walking across the street at the intersection of Avenue U and East 71st Street in Brooklyn. A city bus driver had stopped for a red light before turning right onto Avenue U when his bus struck and killed the pedestrian, 65 year old Virginia… Continue Reading

Verdict Affirmed in Delayed Diagnosis Medical Malpractice Death Case

Posted in Medical Malpractice, Wrongful Death

Bennett Rose underwent three colonoscopies – on January 3, 2003, December 14, 2006 and October 11 2007, each indicating the presence of polyps (which were removed), none indicating any malignancy or cancer. About two months after the third test, though, Mr. Rose, then 72 years old, started feeling unusually weak and tired. He was diagnosed… Continue Reading

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

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

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

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

Tobacco Manufacturer Wins Dismissal and New Trial of $20,000,000 Punitive Damages Verdict in Smoker’s Wrongful Death Lawsuit

Posted in Punitive Damages, Wrongful Death

The purpose of punitive damages in personal injury lawsuits is to act as a punishment to the offensive defendant and as a deterrent or warning to others. They  are awarded in addition to the plaintiff’s compensatory damages (i.e., pain and suffering, loss of earnings and medical expenses); however, they are only available when a defendant’s conduct… Continue Reading