Verdicts & Settlements
As New York City Personal Injury and Medical Malpractice Lawyers, we have successfully recovered millions of dollars for our clients and have handled thousands of complex personal injury, products liability and medical malpractice cases.
Have you been in an accident and need a New York City personal injury attorney? We at the office of Michael Gunzburg, P.C. can help you. Contact us first. Email or call us today.
When you need a lawyer, get the BIG GUNZ TM
The following is a brief list of some of our cases:
- $20 million Structured Settlement – Medical Malpractice
On behalf of a family and their infant child who was born brain damaged with Cerebral Palsy when their NYC doctor botched the delivery. Have you been in the victim of medical malpractice and need a New York City medical malpractice Lawyer? New York City medical malpractice Lawyer Michael Gunzburg, P.C. can help you. Contact us first. Email or call use today!
- $10.1 million Confidential Settlement in a personal injury case before trial
- $4.5 million Personal Injury Settlement During Trial
For a construction worker who fell 20 feet off a cross beam when his employer failed to provide him with any safety devices and resulted in crush injuries to his hands, back and feet.
- $3.3 million Confidential Settlement in medical malpractice case for wrongful death of patient during surgery before trial
- $3 million Settlement at Trial – Pedestrian Struck by Car in Manhattan
39 year old Union building porter was walking across the street at 59th Street and 2nd Avenue in Manhattan in the crosswalk with the pedestrian walk signal, when a trust fund kid driving his father’s Lexus turned left off of East 59th Street and violently struck the porter from the rear of his right side. The impact caused the porter to fly up in the air and land on his left knee striking a protruding metal bolt from a steel construction plate. The porter was given a cervical collar and placed on a back board and taken by ambulance to NY Presbyterian Hospital with complaints of severe left knee pain. He was treated at the emergency room, given Percocet for pain, and released with crutches for walking. Two weeks later he went to an orthopedic surgeon who sent him out for MRIs which showed that he had left lateral meniscus tears to the left knee. He underwent two arthroscopic surgeries with the surgeon who discovered during surgery a traumatic fracture to the femoral sulcus. The lateral meniscus tears were repaired in the first surgery, and the fracture to the femoral sulcus was repaired in the second surgery with micro fracturing to promote rejuvenation and bone growth in the damaged area. He was issued knee braces, crutches and pain killers after each surgery, and also underwent extensive physical therapy. He then sought a second opinion with another orthopedic surgeon who after additional MRIs gave him two additional arthroscopic surgeries in an effort to correct the spreading fractured femoral sulcus area. During the first procedure , the 2nd surgeon drilled a large hole at the fracture site, and implanted an allograft plug, and then microfractured around the site to promote bone growth. During the second procedure, the 2nd surgeon identified new bone loss and this area was drilled out and an allograft was placed next to the previous allograft, and additional micro fracturing was done around the second allograft to promote bone growth. The porter underwent additional physical therapy. The porter then met with a 3rd orthopedic surgeon who performed an MRI of his left knee and revealed degeneration of patella-femoral arthrosis and bone loss to his left knee. The 3rd surgeon performed an open partial left knee replacement surgery with a mako surgery robot (robotic assisted surgery). The porter lost approximately 2 years of time from work, and was unable to continue performing his union job as a porter. He was earning about $23 per hour, and receiving full medical, and retirement benefits, which he was not able to easily replace in the market place with his permanent left knee disability. His current job prospects would only pay him $14 per hour and he was not able to secure any health or retirement benefits with his limited education and work experience. He also had a claim for future medical treatment and care as his knee hardware required multiple replacements over his life time including surgery, hospitalizations, physical therapy and medications. The case settled after the jury was selected and sworn in, and the trial judge was prepared to start the trial with opening statements.
- $2.85 million Settlement by pedestrian struck in the crosswalk by a motor vehicle
A 55-year-old Hispanic female, Sandra Hernandez (her name was changed to protect the client’s identity) was walking home after work to her car and across the street as a pedestrian within the crosswalk at Gerard Avenue and 153rd Street in the Bronx. The defendant’s motor vehicle, a company owned car driven by Milton Smith (his name was changed to protect his identity) who was going home after working at the company’s offices, suddenly and without any warning violently struck Ms. Hernandez who fell to the ground. The vehicle was making a left hand turn and failed to yield the right of way to Ms. Hernandez and which caused her serious and permanent injuries. She injured her head, neck, shoulder, lower back and both of her knees. She was taken by ambulance to Lincoln Hospital in the Bronx. Following her discharge, Ms. Hernandez underwent extensive physical therapy, chiropractic treatments and also received acupuncture from various physicians. She also received a series of epidural steroid injections to her injured areas, which provided minimal relief. Thereafter she had arthroscopic surgeries to her shoulder, knee, and hip, and also underwent an anterior discectomy and fusion to her cervical spine. Ms. Hernandez returned to work soon after the accident as an Administrator at the Bronx Community College where she worked a sedentary desk job. She did not make a lost wage claim in the case. Ms. Hernandez’ motion for partial summary judgment on liability was granted by the Court, and the case was placed on the trial calendar. The case was settled between the parties, and the Defendants’ primary and excess carriers agreed to fund the entire settlement.
- $2.5 million Settlement at Trial in Manhattan – Personal Injury
For a 51 year old woman who was struck by a van while crossing the street in the crosswalk with a green light in her favor. The incident took place at the intersection of 7 thAvenue and West 13 th street . The court granted plaintiff’s application for partial summary judgment on liability, and the case proceeded to trial on damages. The women sustained injuries to both knees. Following her accident, she was taken to the emergency room at the hospital where she had an X-ray, was fitted with a soft cast, given painkillers and a right knee immobilizer and crutches. In follow up medical appointments, her Doctor aspirated her right knee of fluid, and then injected it with painkillers. An MRI revealed broken bones to her left knee. She attended 39 physical therapy appointments in eight months. Her Doctor found that one year following the accident there was a decrease in joint space and that she had cartilage loss in both knees. Her Doctor recommended a right knee joint replacement. She also received Synvise-one injections to both knees. After getting second opinions, she underwent a partial right knee replacement surgery at the Hospital for Special Surgery. She had extensive physical therapy and nurse home visits following surgery and was unable to work for two months. After the surgery, she continued to have difficulty walking and climbing stairs, and she requires future knee surgeries. Defense counsel claimed that the women had pre-existing injuries to both knees (severe chondromalacia). The women had seen her orthopedic doctor before the accident and complained of swelling and tenderness in her knees and received about 6 weeks of physical therapy. Defendants intended to produce her MRI reports from before her accident, but were unable to locate the films. Three years before her accident, the women’s complaints fully resolved and she returned to her active athletic lifestyle. The case settled before reaching a jury and the settlement was paid entirely by the self-insured defendant.
- $2.5 million During Trial – Personal Injury
For a 31-year old ironworker who fell 6-8 feet from the 7th floor at 5 Times Square and was saved by his safety harness but sustained traumatic injuries to his head, ears, neck, and lower back when the developer and general contractor failed to provide him with the proper safety equipment. As a result, the ironworker suffered a brain injury, multiple herniated discs, perilymphatic fistulas in both ears, reflex sympathetic dystrophy syndrome, and was ultimately unable to return to work.
- $2.3 million Jury Verdict – Failure to Diagnose Breast Cancer
For a 45-year-old Queens County woman after two physicians employed at Elmhurst Medical Center failed to diagnose a large and obvious mass on her left breast as breast cancer. The primary care physician failed to indicate in his radiological referral form that the women had a large palpable mass on her left breast. The initial reading radiologist interpreted the mammogram films as a general screening examination, and never bothered to look at the mass. The second reading radiologist failed to document his physical examination of the women, and also never looked at the mass on the films despite its obvious physical presence and appearance on the films. The defense trial attorney refused to put the second radiologist on the witness stand, because they claimed he was too ill, even though he was working at the hospital three days a week. This New York City medical malpractice case was eventually settled post verdict for an undisclosed sum.
- $2.3 million Jury Verdict in New York County – Slip and Fall
When 33 year old man slipped and fell on a wet soapy swirl that was created by maintenance cleaner at the JFK International Airport’s Air Train walkway. The cleaner created the wet soapy swirl with his auto scrubbing cleaning machine and then failed to put out the required caution signs. A Port Authority police officer responded to the incident and prepared a written report which confirmed plaintiff’s version of events. Plaintiff was an owner/operator of UPS stores and made no lost wage claim. Defense counsel told the jury that his clients were not liable as they did no cleaning and everything was subcontracted to another subcontractor. The jury found defendants 100% liable with no liability against the plaintiff. The plaintiff suffered multiple broken bones of the knee cap which required three complex open surgeries at New York Presbyterian Hospital with screws and wires and many physical therapy treatments. Plaintiff’s surgeon also told the jury that the plaintiff required multiple future knee replacement surgeries which involved knee amputations, had a broken and significantly diminished in size knee cap which was located on the right lateral side of his knee (out of his natural joint location), that he lost all cartilage, and that he had permanent arthritis in the knee joint. The jury decided all questions of liability and damages in favor of the plaintiff. On the issue of damages the jury was unanimous except for juror #1 who wanted to award the plaintiff more than $2.3 million. All post trial motions by defense were denied by the Court. This New York City Slip and Fall Accident case was settled after the verdict for an undisclosed sum.
- $1.9 million Settlement – After Jury Selection – Misdiagnosis of Breast Cancer
For 32 year old newlywed women who became pregnant with breast cancer when her family doctor gave her false assurances. The women presented to her doctor with a lump she could feel in her breast, and the doctor confirmed the presence of the palpable lump. The family physician never told the radiologists about the palpable lump and the radiologists performed the wrong tests and never examined the lump. The radiologists’ final report told the doctor and the women that she had “benign findings” and “no evidence of cancer.” Soon thereafter, the women had a planned pregnancy with her first child and at 5 months pregnant the lump was found to contain breast cancer. As a result, she underwent a mastectomy and removal of her entire breast while 7th months pregnant, her hormones during pregnancy caused her tumor to grow, the cancer to spread to her lymph nodes, and she lost her best chance for survival. The doctor was negligent for not communicating her findings to the radiologists, failing to follow up even in the face of negative reports, and for failing to get a biopsy of the women’s palpable breast lump or refer her to a breast specialist. According to the experts “the lump is breast cancer until proven otherwise.”
- $1.75 million Confidential Settlement on Failure to Diagnose Vulva Cancer Medical Malpractice Case
We recently represented a women, Christina Partridge (name changed to protect her privacy) who recently and tragically passed away due to stage 4 vulva cancer at 52 years old. She left her beloved husband and three children. But we now know things could have been completely different for Christina, if her treating primary care physician (PCP) Dr. Pierre (name changed to protect the identity of the defendant doctor) did the things she was supposed to do by following up on Christina’s obvious signs of vulva cancer. Christina went to her PCP who she liked and trusted, initially and complained of irritation on her vulva area. Dr. Pierre examined her and noted her condition in her medical records, and suggested that it was probably just a yeast infection. She prescribed an anti-yeast medication. After about 6 months of applying the anti-yeast cream, Christina returned to her PCP and complained that the medication wasn’t working. Dr. Pierre suggested that she continue to use it. After 6 more months, Christina returned again with the same complaints, and at this point, Dr. Pierre suggested that she stop using the anti-yeast medication, and instead use a steroid cream. Christina used the steroid cream for about one year. That didn’t work either. At no time did Dr. Pierre take tissue and send it to pathology to rule out a yeast infection. Dr. Pierre continued to treat Christina for the same vulva condition over the course of several years using various creams including the anti-yeast and steroid creams. Dr. Pierre performed physical examinations and documented her findings. As the vulva condition began to change over time, and it became palpable, as Dr. Pierre could both see it and feel it. Dr. Pierre wrote in her medical records over the course of several years various words to describe her impression of Christina’s vulvar condition including: “Vulvitis,” “Erythematous,” “Vulvar Dystrophy,” “Lichen,” “Vulver Ulcer” “Vulva Infection” and “Lesion.” After almost 4 ½ years of treating the same vulva complaints, Dr. Pierre wrote in her notes that she was considering performing a biopsy on Christina’s vulva condition, but instead she decided to wait several more months before bringing her back in to her office to perform the biopsy. Finally, after almost 5 years of seeing Christina for the same vulva condition, Dr. Pierre performed a punch biopsy on Christina’s vulva condition in her office which took about 1 minute to do, and then sent the tissue out to pathology. The lab report indicated that it was vulva cancer. Further testing confirmed that it had metastasized to her lymph nodes and adjacent organs and was determined to be Stage 4 Vulvar Cancer. Christina went to Memorial Sloan Kettering where she underwent a three-part extensive surgery to her female genitilia. This involved a total radical Vulvectomy, a Urethrostomy and Cauterization of the Urethra procedure, and a permanently painful Plastic Surgery procedure. On top of that, Christina also underwent extensive chemotherapy and radiation treatments. When none of these treatments worked, Christina turned to a regiment of strong experimental drugs at the Cancer Institute. Christina fought for about 19 long months against her vulvar cancer diagnosis, until she finally died this past year from her vulvar cancer. We mourn the senseless loss of Christina’s life. But at least we were able to give Christina peace of mind in knowing that if Dr. Pierre, performed a simple punch biopsy anytime during her first several years of medical treatment, it could have caught Christina’s vulva cancer early before it metastasized and while it was at an early more treatable Stage. This would have given her the best chance for survival, limited her need for any surgery, and eliminated her need for adjuvant chemo/radiation therapy. The case settled before trial and the entire recovery went to Christina’s surviving family members.
- $1.7 million Mediated Settlement in Manhattan – Trip and Fall
For Jeffrey, a 63 year old emergency evacuation executive who was caused to trip and fall on a protruding step. The step was 38 inches long and 6 inches high and was located on the front entrance to a 200 year old landmarked building in the West Village in Manhattan. Jeffrey was unable to see the step because it was visually obscured by the shadows cast from the property and because the step was the same color as the surrounding sidewalk. Jeffrey had come to New York to walk his daughter down the aisle at her wedding which was the same day of his accident. Jeffrey never attended his daughter’s wedding, but instead was admitted to the hospital where he underwent right shoulder replacement surgery. Jeffrey suffered multiple broken bones, crushed nerves, and was found by defendant’s doctors to have multiple permanent injuries. As a result of the accident, Jeffrey was unable to return to work, required future medical care, and was found to be permanently disabled. The building owner claimed that nothing was wrong with the step, no one ever sued them for it, and that the step was an open and obvious condition which countless people walk over, and around everyday. The case was initially mediated with an independent mediator which helped initiate settlement discussions. However, it wasn’t until after we successfully obtained a favorable ruling from the court, which found that the step violated the New York City Building Code, that this New York City Trip and Fall Accident Case was settled by a court appointed mediator for a seven figure sum.
- $1.5 million Jury Verdict in the Bronx – Bus Accident
For 44 year old Board Certified Pediatrician who was caused to fall on a NYCTA Bus when the driver suddenly, violently, and without warning accelerated the bus. The plaintiff was holding onto a vertical pole with her right dominant hand as the bus took off from a fully stopped position. The incident was witnessed by another passenger who corroborated plaintiff’s version of events. The incident was unreported as the bus operator did not respond to the plaintiff even though she remained laying on the floor in the middle of the bus just 6-7 feet behind the operator’s seat for 5 minutes. The Transit Authority produced a bus operator from the same bus route who testified that there is no way a Hybrid bus could suddenly and violently accelerate. The operator claimed that the Hybrid bus has a special device which prevents it from suddenly accelerating. But on cross examination, the bus operator admitted that the device did not exist at the time of plaintiff’s incident, but that it was added on afterward due to sudden acceleration complaints. The plaintiff sustained a torn meniscus and underwent arthroscopic surgery. Plaintiff’s treating doctor, who was also the chief surgeon for the NY Yankees, told the jury that the plaintiff will need future knee replacement surgery. The jury found the NYCTA 100% liable, that all of plaintiff’s injuries were caused from the accident, and that the plaintiff would need future medical care.
- $1.5 million pre-trial settlement – Misdiagnosis of Breast Cancer
For a 33 year breastfeeding mother of two young children and her husband, a diplomat to the United Nations, when an experienced breast surgeon failed to biopsy a palpable right breast mass because he mistakenly thought it was attributed to normal lactational changes. Has your cancer been misdiagnosed? Do you need a New York City Cancer Lawyer? New York City cancer lawyer Michael Gu nzburg, P.C. can help you. Contact us first. Email or call use today!
- $1.35 million Orthopedic Botched Surgery Settlement
For a 50-year-old women when her orthopedic surgeon mis-diagnosed her back injuries and performed open-back surgery resulting in the traumatization of her nerve root and a permanent Reflex Sympathetic Dystrophy Condition (RSD).
- $1.3 million Motorcycle Accident Settlement
For an 18-year-old motorcycle rider when he was struck by a car making a left-hand turn, resulting in a below-the-knee amputation of his left leg.
- $1.3 million Jury Verdict in Nassau County for Rear End Collision
Where a 54 year old women rear ended in a Van Collision sustained upper back, lower back and knee injuries. The jury returned a verdict during the summer on a Friday afternoon and found in favor of the women on the issue of causation and a serious injury under the No Fault law in 20 minutes. The jury then went back out and awarded the women $1,324,500.00. The insurance company offered the women $5,000 before the jury went out to deliberate. This New York car accident case was settled for an undisclosed sum.
- $1.2 million Failure to Diagnose Vulva Cancer
For a 51 years old women who presented to her ob/gyn with complaints of pain and a vulva lesion. The doctor failed to perform a biopsy of the lesion and misdiagnosed her condition as a yeast infection. During the litigation we discovered that the doctor was only working part-time, was semi-retired from the medical practice, and on disability due his own lower back injuries at the time of his treatment of the women. The women’s vulva lesion was diagnosed as cancer seven months later, and it grew, and spread to other parts of her genitalia and her lymph nodes. She required a radical vulvectomy (removal of her vulva), an unnecessary radiation treatment to her genitalia, and future reconstructive surgery. She also lost her best chances of survival as her cancer staging and prognosis worsened due to the delay. This New York City medical malpractice case was settled before jury selection.
- $1.025 million Jury Verdict for Bicyclist when Injured by NYC Transit Bus
In favor of a 29 year old bicyclist who was almost crushed by a New York City Transit Authority Bus. The court found the Transit Authority 100% liable for all of plaintiff’s injuries when the Bus operator failed to slow his vehicle down or sound his horn. The bus made no physical contact with the bicycle. The incident took place in front of the main branch of the N.Y. Public Library on 5th Avenue and 40th Street. The NYCTA appealed the liability decision to the Appellate Division, First Department and lost. At a damages only trial, the jury heard of plaintiff’s broken bone injuries to his right dominant forearm which required open surgery with the insertion of permanent plates and screws, and his need for an additional surgery to remove the hardware. The bicyclist also made a future lost wage claim as he was unable to work as a web designer due to his injuries. The jury rejected defendant’s ergonomics consultant who told the jury that the plaintiff could continue to work full time as a web designer with the use of readily available over the counter voice recognition software. The jury’s decision was unanimous on all issues in favor of the plaintiff. The NYC Transit Authority expressed their desire to appeal.
- $1.0 million Trial Settlement when Tractor Trailer slams Car
This case involved a 20 year old cadet at the U.S. Military Academy at West Point, New York and who played as an offensive linesman on the Varsity Football Team. The cadet was a front seat passenger in a Chevy Blazer and seat belted. The driver of his vehicle lost control over the Chevy as he was speeding down a sharp curve in the rain and slid out onto the first lane of moving traffic on I-84. A Roehl Transport tractor trailer which weighted 80,000 pounds and was carrying heavy steel coils moving at 55 mph in 10th gear crushed the Chevy. The impact forces decimated the vehicle and ripped and tore at the cadet’s body such that he sustained multiple injuries. His seat belt forced his internal organs through his diaphragm and crushed his left lung, tore tendons and ligaments in his left knee and his left shoulder, and caused a recurrent left hip hematoma (later named Tommy). The cadet underwent four surgeries, and while he made a good overall recovery, he never played Football again and lost his commission as a 2nd lieutenant in the U.S. Army.
- $850,000 Personal Injury Settlement – During Jury Selection
For a 76-year-old woman when a bus traveling to Atlantic City flipped over, causing her to sustain multiple disc herniations and spinal fractures.
- $750,000 Trial Settlement from Trip and Fall in hole
For a woman who tripped and fell in a dangerous hole located in a public sidewalk; she sustained an L4-L5 herniated disc that required open-back surgery including a laminectomy and discectomy.
- $700,000 Mediated Settlement for Taxi Driver struck by another vehicle
For a 33 year old professional driver with a New York City car service company when his vehicle was struck from the right side. The driver sustained head, neck, and lower back injuries with multiple herniated discs confirmed by MRIs which rendered him partially disabled under workers compensation. An Orthopedic surgeon recommended open back surgery with stabilization but the driver did not undergo the surgery at the time of the recovery.
- $550,000 Settlement at Mediation – Slip and Fall in Manhattan
For 42 year old accounts payable supervisor who slipped and fell down wet and soapy stairs in her Upper West Side apartment building injuring her lower back. The injuries required decompression and fusion surgery with the insertion of permanent hardware in her lower spine at L4-L5.
- $475,000 Settlement – Slip and Fall in Brooklyn
A 23 year old cashier, baby sitter, and hairstylist was walking down the stairs at her sister’s apartment building in Brooklyn when one of the risers on a step collapsed. As a result, her right knee buckled and she fell into an Indian position on the stairs. Her lower back struck the stairs hard and she slid down the staircase onto the ground. An ambulance transported her to the emergency room at Brookdale University Hospital Center. She complained of right knee and lower back pain. X-rays were taken and she was discharged with a knee brace, crutches, and pain killers. She had MRI to her right knee which revealed ACL and meniscus tears. An orthopedic surgeon recommended surgery, and she underwent a total right knee replacement surgery which involved complete removal of her right ACL, a bone grafting, and implantation of hardware to secure the graft. She also underwent an arthroscopy of the right lateral meniscus and platelet injection therapy. She used crutches to walk for five months, and a Bledsoe brace for one and ½ years. She also underwent extensive physical therapy for two years and was prescribed Oxycodone for pain. Lumbar MRIs revealed herniated discs with impingement on her nerve root. The young women also received 3 spinal epidural lumbar injections which gave her only temporary relief from pain, and she was told she would need future lumbar spine surgery. This case was settled during jury selection by the presiding trial assignment judge.
- $450,000 Jury Verdict for mechanic crushed by vehicle
For a mechanic whose face was crushed when a car he was working on was caused to fall off a jack.
- $450,000 Truck and Car Accident Settlement
For a 38-year-old women who was a passenger in a car that was slammed and pinned into a cement divider by a 18-wheel tractor trailer, causing her to lose several teeth and develop a permanent temporomandibular joint dysfunction (TMJ) condition.
- $320,000 Jury Verdict in Ceiling Collapse
For a 37 year old Bronx County bartender when a bathroom ceiling collapsed on his head while he was showering; He sustained a herniated disc in his neck and a bulging disc in his lower back and he had no surgery at the time of trial (although it was recommended).
- $275,000 Settlement for Math Teacher Struck in Car
For 32 year old 7th grade math teacher struck on the left front side of her vehicle.When she reached to honk her horn her air bag deployed causing severe comminuted fractures to her right dominant wrist requiring surgery at North Shore University Hospital in Plainview and The Hospital for Joint Disease in Manhattan.
- $250,000 Settlement – Police Brutality
For an 18 year old African American Male when two police officers forced him to the ground and repeatedly struck him in the face and nose while he was lying on his stomach with his hands handcuffed behind his back. As a result of the incident, he was unlawfully arrested and incarcerated, sustained multiple comminuted broken bones to his nose which required surgical repair and future plastic surgery to correct the permanent deformities. This case involved police brutality, excessive force and false arrest claims and was settled before trial.
- $250,000 Settlement at Trial – Personal Injury
A 27 year old courier was a rear seat passenger in a Honda Civic that was making a left hand turn at an intersection with a green light. The Honda Civic was given the right of way by an SUV vehicle located directly opposite it. As the Honda Civic proceeded through the intersection the defendant in his GMC Jimmy improperly passed the SUV and struck the Honda Civic pushing it into a utility pole. The courier injured his shoulder and knee and underwent two arthroscopic surgeries to repair both areas.
- $105,000 Personal Injury Settlement
A 29 year old picture framer who while closing a window with a known unrepaired crack shattered and sliced his tendons and muscles on his left hand. He underwent a tendon repair and reattachment under general anesthesia at Jacobi Medical Center in the Bronx.
- Substantial Undisclosed Sum – Medical Malpractice
We recently represented a women, Christina Partridge (name changed to protect her privacy) who recently and tragically passed away due to stage 4 vulva cancer at 52 years old. She left her beloved husband and three children. But we now know things could have been completely different for Christina, if her treating primary care physician (PCP) Dr. Pierre (name changed to protect the identity of the doctor) did the things she was supposed to do by following up on Christina’s obvious signs of vulva cancer. Christina went to her PCP who she liked and trusted, initially and complained of irritation on her vulva area. Dr. Pierre examined her and noted her condition in her medical records, and suggested that it was probably just a yeast infection. She prescribed an anti-yeast medication. After about 6 months of applying the anti-yeast cream, Christina returned to her PCP and complained that the medication wasn’t working. Dr. Pierre suggested that she continue to use it. After 6 more months, Christina returned again with the same complaints, and at this point, Dr. Pierre suggested that she stop using the anti-yeast medication, and instead use a steroid cream. Christina used the steroid cream for about one year. That didn’t work either. At no time did Dr. Pierre take tissue and send it to pathology to rule out a yeast infection. Dr. Pierre continued to treat Christina for the same vulva condition over the course of several years using various creams including the anti-yeast and steroid creams. Dr. Pierre performed physical examinations and documented her findings. As the vulva condition began to change over time, and it became palpable, as Dr. Pierre could both see it and feel it. Dr. Pierre wrote in her medical records over the course of several years various words to describe her impression of Christina’s vulvar condition including: “Vulvitis,” “Erythematous,” “Vulvar Dystrophy,” “Lichen,” “Vulver Ulcer” “Vulva Infection” and “Lesion.” After almost 4 ½ years of treating the same vulva complaints, Dr. Pierre wrote in her notes that she was considering performing a biopsy on Christina’s vulva condition, but instead she decided to wait several more months before bringing her back in to her office to perform the biopsy. Finally, after almost 5 years of seeing Christina for the same vulva condition, Dr. Pierre performed a punch biopsy on Christina’s vulva condition in her office which took about 1 minute to do, and then sent the tissue out to pathology. The lab report it was vulva cancer. Further testing confirmed that it had metastasized to her lymph nodes and adjacent organs and was determined to be Stage 4 Vulvar Cancer. Christina went to Memorial Sloan Kettering where she underwent a three-part extensive surgery to her female genitilia. This involved a total radical Vulvectomy, a Urethrostomy and Cauterization of the Urethra procedure, and a permanently painful Plastic Surgery procedure. On top of that, Christina also underwent extensive chemotherapy and radiation treatments. When none of these treatments worked, Christina turned to a regiment of strong experimental drugs at the Cancer Institute. Christina fought for about 19 long months against her vulvar cancer diagnosis, until she finally died this past year from her vulvar cancer. We mourn the senseless loss of Christina’s life. But at least we were able to give Christina peace of mind in knowing that if Dr. Pierre, performed a simple punch biopsy anytime during her first several years of medical treatment, it could have caught Christina’s vulva cancer early before it metastasized and while it was at an early more treatable Stage. This would have given her the best chance for survival, limited her need for any surgery, and eliminated her need for adjuvant chemo/radiation therapy. The case settled before trial for a substantial undisclosed sum. The recovery went to Christina’s family.
Unusual Litigated Matters
When you need a lawyer, get the BIG GUNZ TM
- PART-TIME, SEMI-RETIRED, PHYSICALLY DISABLED GYNECOLOGIST IGNORES OBVIOUS VULVA CANCER LESION
A part-time (working less than 20 hours per week), semi-retired (no longer performing obstetrics or deliveries of babies and no longer performing gyn surgeries), and physically disabled gynecologist with lower back problems (and underwent lower back surgery), failed to biopsy an obvious abnormal excoriated raised palpable lesion on a 51 year old women’s right vulva. As a result, the women’s vulva cancer diagnosis was delayed by 7 months and the delay permitted the cancer to grow larger and spread to her lymph nodes. The women needed to have a vulvectomy (the removal of her entire right vulva), underwent unnecessary radiation treatments to her genitalia, required extensive reconstructive surgery, and lost her best chances of survival. The physical loss was significant, but the emotional toll was overwhelming.
- NASSAU COUNTY JURY AWARDS WOMEN $1.3M AFTER INSURANCE COMPANY TELLS HER TO ACCEPT $5,000 FOR ALL HER CLAIMS
54 year old Deli manager was a front seat passenger, wearing her seat belt, in her husband’s car when it was rear ended by a van driven by a security guard for a major military contractor. After years of litigating the case, the insurance carrier for the defendant offered the women $5,000 at trial to settle her case. The jury heard the case over 12 days on all issues including responsibility, causation of her injuries, and her damages. The women suffered neck, lower back and knee injuries. The jury awarded the women $1,324,500.00. The verdict was reported to be one of the top 20 highest damage verdicts in Nassau County history involving a motor vehicle accident.
- POLICE BRUTALITY AND EXCESSIVE FORCE AGAINST 18 YEAR OLD AFRICAN AMERICAN MAN
An 18 year old African American Verizon sales representative was repeatedly struck, beaten and brutalized by the police in the face while lying faced down on his stomach and his arms were handcuffed behind his back. The incident was eye witnessed by the man’s ex-girlfriend and accidentally audio recorded on her cell phone and transmitted to his cell phone voice mail box where it was retrieved. The police claimed that they were responding to a domestic dispute, but they failed to file any of the required paperwork which they said was always required to be done whether or not there was a cooperating complainant. As a result, he suffered multiple broken bones to his nose and face which required surgery, and future plastic surgery to restore his deviated septum and physical appearance.
- BICYCLIST ALMOST RUN OVER BY TRANSIT BUS
A 29 year old bicyclist was riding his brand new mountain bike while wearing a helmet, down 5th Avenue at 42nd Street, right in front of the NYC Public Library. When a NYCTA bus came up directly behind the bicyclist, never sounded his horn or slowed down, and rode to within centimeters of the biker’s rear tire. In order to avoid being run over by the bus, the bicyclist pulled his bike up over the curb, and crashed landed with full force onto his right dominant arm. He suffered multiple broken and crushed bones in his right dominant arm, and underwent extensive orthopedic surgery at the Hospital.
- DOCTOR’S FALSE ASSURANCES RESULTS IN WOMEN GETTING PREGNANT WITH BREAST CANCER
A 32 year old newlywed women presented to her family doctor with a breast lump she could feel. The doctor confirmed the palpable breast lump and documented it in her notes. The family doctor never told the radiologists about the lump, and the radiologists performed the wrong tests for a women with a lump, and the radiologists never specifically examined the lump. The screening mammogram and sonogram reports indicated “benign findings” and “no evidence of cancer.” The family doctor violated the standard of care as she failed to perform a biopsy on the palpable breast lump or refer the patient to a breast specialist, failed to communicate her findings to the radiologists, and never followed up with the patient. As a result, the women became pregnant with her first child and the estrogen and progesterone hormones caused her tumor to grow, her cancer to spread to her lymph nodes, caused her to undergo a mastectomy while 7 months pregnant, and decreased her best chances of survival.
- SURGEON DEEP PLUNGES SURGICAL INSTRUMENT DURING LAPAROSCOPIC STERILIZATION PROCEDURE
34 year old healthy mother and wife sought to have her tubes tied laparoscopically by a surgeon who is assisted by a second year resident at the hospital. During the initial “blind entry procedure” the doctor deep plunges a surgical instrument into the patient’s abdomen lacerating 4 layers of the small bowel and striking an area in the lower abdomen called the cul de sac. The doctor claims that the injuries are an accepted risk of the procedure, and that she was not negligent. The doctor’s insurance carrier settled the matter at trial for an undisclosed sum.
- WORLD TRADE CENTER BOMBING CASES
Our clients were working in the World Trade Center Towers when several bombs exploded on February 26, 1993. They sustained permanent injuries as they were evacuating the premises. Even though the Port Authority denied liability for the incident, they eventually settled all of our client’s claims.
- NEW YORK CITY POLICE AND SHERIFF’S BRUTALITY CASE
We represented a man who was violently assaulted and beaten when he tried to retrieve his briefcase when his car was being towed for claimed unpaid parking tickets. The entire event was captured on videotape and shown to the jury. The case was settled by the City of New York during the second day of trial for a six figure sum.
- NEW YORK CITY TAXI CAB STRIKES BICYCLIST
Our client, a bicyclist, was struck by a NYC taxi cab driver as he was riding his bike along the right side of the street. In his rush to pick up a hailing passenger, the driver ran over the bicyclist. The carrier tendered their policy of insurance.
- AVON LADY’S DOG BITES CUSTOMER
Our client visited her Avon Lady at her home when she was violently attacked and bitten by her dog. Prior to this incident, the dog had bitten several other people and the local animal rescue association offered to put the dog down due to its repeated attacks. This matter was settled by the Avon Lady’s homeowner insurance policy.
- TENANT SLIPS AND FALLS ON WET STAIR CASE
Our client, a female tenant in an apartment building for over 17 years is walking down the stairs wearing sunglasses, high heels, and carrying a purse, slips and falls down the stairs when the superintendent wet the floors with soap and water with a mop just as tenants were heading out to work and school in the morning. The superintendent placed no barricades or warnings in the building, and wet the floors several times a week over a one year period. The tenant underwent open back surgery which required the insertion of a steel cage around the surgical site to provide additional structural support. This matter settled for a substantial six figure sum during mediation.
- NYC TRANSIT AUTHORITY FAILS TO REPAIR A KNOWN DEFECT
We represented a women, on her way to a Met game, who tripped and fell down a known defective flight of subway stairs at Shea Stadium subway station, and sustained a fracture to her ankle which required surgery. Even though the NYCTA knew about the defective condition, they never repaired it. This matter settled before jury selection.
- SURGEON’S FINGER FRACTURED DUE TO DEFECTIVE TRAFFIC LIGHT
Our client, a board certified surgeon, was driving his car from the hospital with a green light when he was violently struck by another vehicle when it drove into the intersection due to a defective traffic light. The middle finger on the surgeon’s dominant hand was crushed and required open reduction surgery with internal fixation. The jury found the City liable for their failure to repair the known defective traffic light and awarded the physician a six figure sum.
Have you been involved in an incident that is considered an unusual court case? Contact an attorney experienced with unusual court cases today!