Recent Results

$8,365,000 Municipal Liability

During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York. The driver of the vehicle skidded on ice, drove up an underpass and the unrestrained female passenger was ejected. She suffered permanent partial paralysis due to a fracture in the vertebrae in her neck. She also suffered a fractured skull and pelvis and a punctured lung. It was alleged that the ice condition was long standing in nature and ignored by both the City and State of New York for many years. The record breaking settlement came during the second week of jury selection.

$8,000,000 Birth Injury

A profoundly brain damaged infant’s financial future is now secure through our efforts and those of prominent Pennsylvania medical malpractice counsel with whom we shared responsibility on this tragic obstetrical malpractice case.   The child’s New York parents need not now worry about the costs for their son’s medical care, treatment and special services.  Our clients’ courage and devotion throughout the litigation will never be forgotten.

$4,000,000 Birth Injury

During a natural birth delivery, the obstetrician tugged too hard on the baby’s head and neck. We claimed that a bundle of nerves were stretched injuring the child’s right arm causing Erb’s palsy. An initial offer of $1,000,000.00 was rejected and we aggressively continued to litigate retaining prominent experts. The case settled in Orange County before we began to select a jury.

$2,885,000 Medical Malpractice

Our client, in her late 30’s, had undergone surgery for the relief of back pain. The surgeon damaged a bundle of nerves, unnecessarily taking a biopsy in the mistaken belief that she may have had a tumor. After the operation, the patient developed Reflex Sympathetic Dystrophy with chronic pain and deteriorating use of her leg. She underwent a below the knee amputation. She has resumed a relatively normal life with a prosthesis. After a long and protracted defense, the case settled before opening statements.

$2,500,000 Construction Accident / Wrongful Death

A 61 year old construction worker was performing an elevator overhaul on the 4th floor of a commercial building in Brooklyn, NY.  He was standing upon a steel grated floor in an elevator control room when the floor suddenly collapsed and he fell into an open shaft way and died.  We argued that the accident was foreseeable and preventable if a safe and secure work site was provided as required by New York State’s Labor Law. The defendants argued the Labor Law did not apply as the floor was a permanent structure and our client was the sole proximate cause of the collapse.  After numerous depositions, during a mediation session, while summary judgment motions were pending and the matter was awaiting trial, the case settled.

$2,175,000 Failure to Timely Diagnose

Failure to Timely Diagnose and Treat a Child’s Brain Tumor. This tragic matter involved the alleged failure to order an MRI of the brain made worse by miscommunication between a pediatrician and pediatric neurologist resulting in an eight-month delay in diagnosing a 5-year-old’s brain tumor.  Unfortunately, after two surgeries to remove the tumor, it reoccurred and eventually took the life 5 years later of this brave and beautiful child.  We never gave up, persisting even after defense cancer experts and the child’s brain surgeon informed that even with a prompt diagnosis the tumor was a rare one and may have reoccurred whether or not there was a timely diagnosis.

$2,000,000 Medical Malpractice

A pediatric ophthalmologist failed to diagnose a brain tumor causing vision loss.  We were able to successfully obtain this result for our client.

$1,913,114 Wrongful Death

This case was brought by the husband of a nurse’s aid who was struck and killed by a car while crossing the street in a Hudson River village. After completion of extensive pre-trial proceedings, while awaiting trial, the case settled.

$1,835,000 Neurosurgical Malpractice

A 36 year old woman with a long history of back pain underwent surgery at a Brooklyn hospital to repair an implanted pain modulating device. The surgeon contused her spinal cord causing a temporary post-operative inability to move her legs. Over time, she developed many unexplained symptoms and was diagnosed with a psychological conversion disorder with no organic explanation. In spite of the defense that incapacitation was caused by an unrelated mental ailment, we argued that the psychological infirmity was caused by the trauma of experiencing loss of leg function immediately after surgery. We advocated that our client’s post-operative psychological disorder was precipitated by neurological malpractice in the performance of the operation. The matter settled at a pre-trial mediation.

$1,744,000 Medical Malpratice

A young man in Rockland County went to the Emergency Room with an eye injury that was misdiagnosed, resulting in the loss of his eye. Settled during a pre-trial conference.

$1,650,000 New Jersey Auto Accident – Court Arbitration Award

A 43 year-old good samaritan and her husband stopped their 18-wheeler on the shoulder of Interstate 287. They came to the aid of a motorist in distress who crossed over the highway median, striking an embankment and dislodging a boulder into the roadway. An inattentive motorist traveling at a high rate of speed struck the boulder, propelling it onto the shoulder of the road where our client was standing, resulting in serious leg fractures. We overcame the defense that there was no legal responsibility because both motorists were faced with unforeseen emergencies.

$1,500,000 Medical Malpractice

A senior citizen was forced to undergo a below-the-knee amputation after improperly performed vascular surgery damaged the blood supply to her leg. We obtained a court order directing the hospital to retain the amputated leg. The evidence that our rapid response enabled us to develop was critical in obtaining a significant settlement.

$1,300,000 Dram Shop Action

An intoxicated 16-year-old purchased alcohol from another minor. While driving under the influence, he was involved in a motor vehicle crash and suffered a serious spinal cord injury. His blood alcohol level upon arrival at the emergency room was one and a half times the legal limit. Among other defenses, it was argued that our client was not wearing a seatbelt, which would have prevented his injuries.

$1,200,000 Medical Malpractice

A multi-care medical facility delayed critical testing and treatment of a lower leg artery blockage, eventually leading to a below the knee amputation. For years, there was a refusal of the doctor’s insurance company to make any offer until we prepared for trial. The defense mounted against was our client’s pre-existing condition claimed to have required the amputation even without prompt intervention. The case settled in Orange County before jury selection.

$1,200,000 Auto Accident

A 32-year old karate instructor with a pre-existing back condition was involved in a car crash in Nassau County, injuring his neck and back. Three years later, while working as a New York Times delivery driver, he was involved in another accident in Manhattan, worsening his back condition. He underwent spinal fusion surgery and claimed a future reduction in earnings since he was no longer able to work as a union driver. His case settled after two mediation sessions followed by a pre-trial conference in the Supreme Court, Rockland County.

$1,100,000 Pedestrian Injury

Working with North Carolina counsel, we obtained a pre-trial settlement for a man who sustained a closed head injury when he was hit by a police car.

$1,062,500 Auto Accident

Jury verdict in Richmond County for Staten Island truck driver and his wife. Five-vehicle accident on the Brooklyn-Queens Expressway.

$1,000,000 Pedestrian Accident

A pedestrian, visiting a local homeowner, was standing adjacent to a car on the street. Tragically, he was struck and killed by a passing vehicle which unfortunately had New York’s minimum insurance coverage of $25,000. We secured a recovery against the homeowner and a not-for-profit organization, who the driver, we alleged, was acting on its behalf when he struck the pedestrian.

$1,000,000 Bicycle Accident

While out riding her bicycle, our client was struck by a truck. She suffered a fractured pelvis and a closed head injury. The case settled before examinations before trial for policy limits

$975,000 Medical Malpractice

A college student went to a physician seen on TV.  She had symptoms of fever and neck stiffness.  The doctor failed to timely diagnose and treat acute bacterial meningitis.  The delay caused a two week coma and some cognitive defects. Shortly before trial, the doctor’s insurance company settled.

$950,000 Medical Malpractice

A 23 year old chaperone of Chinese exchange students visiting Manhattan to study film, suddenly started acting aggressively for no apparent reason.  Taken into police custody and then transferred to a psychiatric hospital for evaluation, she was discharged in the early morning hours without anyone being notified.  Upon leaving the hospital, she took an Uber to the hotel where she was staying and sadly, this young, beautiful college educated woman, jumped off the hotel’s roof to her death.  The lawsuit was vigorously contested with the defense that the patient had stabilized with no history of prior psychiatric illness, and was well enough to go home.  We thought otherwise and after several depositions including that of the psychiatrist discharging her, the case settled against a municipal hospital in New York County. 

$930,000 Dram Shop Action

After a night of partying, a driver became intoxicated at a well-known Manhattan restaurant.  Unfortunately, he had only $25,000 in insurance coverage.  We had to look for a “deep pocket” and brought a lawsuit against the restaurant under New York’s “Dram Shop Law”.  The defense argued that the driver became intoxicated at two other locations and there was no way of knowing that the customer was drunk before leaving its restaurant.  We prevailed on a unique theory of responsibility.

$925,000 Medical Malpractice

A middle-aged man presented to the emergency room with severe abdominal pain. He underwent a CAT scan but the images were not reviewed. Had they been studied, surgery would have corrected the problem. Instead, the patient deteriorated causing life threatening complications. The case settled prior to jury selection.

$900,000 Hospital Negligence

Our client claimed he was not properly monitored during hospitalization.  Various defenses were asserted by the hospital and witnesses disputing any negligence.  Despite these and several other obstacles, the case settled before jury selection.

$887,500 Hospital Negligence

A patient at a hospital suffered a catastrophic fall.  He later died from unrelated causes.  The hospital refused to settle for many years claiming that there was evidence that the fall was the patient’s fault.  We proved otherwise.

$850,000 Auto Accident

An elderly couple sustained fractures when their vehicle was hit by another car pulling out of a driveway on Route 202 in Suffern. There were issues surrounding the severity of their injuries and who was at fault. Settled before jury selection.

$800,000 Auto Accident

A 36 year old plumber was driving on the NYS Thruway, when another vehicle, who wasnt paying attention, cut him off.  Our client sustained a serious disc injury requiring surgery.  

$800,000 Slip and Fall

An elderly woman was shopping for groceries at a supermarket a few blocks from her Upper West Side Manhattan home. She slipped on a puddle of water leaking from a produce freezer suffering a broken knee cap and requiring surgery. The case was resolved at a mediation following completion of many depositions.

$800,000 Hospital Malpractice

Our client, a restauranteur in their mid 50’s, was admitted to a New York City with classic signs of severe biliary tract infection including a concerning drop in blood pressure. Our client was prematurely discharged from the hospital without a blood culture, and they wound up in a coma, with a long road to recovery.

Note: This well-known New York City Hospital and one of it’s prominent interventional radiologists refused to make a settlement offer until Fellows Hymowitz Rice acquired world-class experts in infectious disease and hospital discharge protocol.

$775,000 Podiatric Malpractice

A teenager underwent bunion and hammertoe surgery. It was contended that the podiatrist failed to recommend conservative and non-invasive alternatives before operating. It was also claimed the operation was performed without the patient’s informed consent. The podiatrist contended that the operation performed was necessary and was consistent with good and acceptable care. A Rockland Jury disagreed.

$750,000 Trucking Accident

Our client’s car was struck by a tractor-trailer in Dutchess County. The driver sustained neck injuries and his passenger, back injuries; both required spinal surgery. The insurance company attempted to discount our clients’ injuries by asserting that their surgeries were not related to the crash but those arguments were overcome and the case was settled.

$750,000 Unsafe Premises

An oncology nurse suffered a head injury shopping at a nursery when struck by an improperly secured planter.  She developed a concussion syndrome which became chronic with headaches, balance and visual symptoms.  We had to explain a serious concussion sustained 3 years earlier when her head smashed into a car windshield.  The insurance company attributed all of her problems to the car crash arguing that the planter incident was a mere modest aggravation of her preexisting concussion syndrome.  The defense went so far as to hire a biomechanical expert who opined that the impact could not have caused any permanent injuries.  Soon before the case went to trial, a settlement was reached.

$750,000 Medical Malpractice

While performing surgery to remove our client’s thyroid, a physician in Rockland County severed a nerve in her neck, causing vocal cord paralysis. The doctor argued that this was a risk of thyroid surgery but settled during jury selection.

$750,000 Auto Accident

A 70 year old driver was hit in the rear in Westchester County. She suffered a low back injury requiring surgery, as well as incontinence. The defendants disputed both liability and damages claiming the accident was caused by a ‘phantom’ driver which forced their car into our client’s vehicle before fleeing the scene. They also claimed that the injuries were pre-existing and age-related. After completion of discovery proceedings, the case settled before trial.

$750,000 Birth Injury – Erb’s Palsy

A botched delivery turned into a gripping ‘whodunit’ mystery as both the obstetrician and midwife denied excessively pulling and tugging a newborn’s head causing a permanent stretching injury to the brachial plexus nerves of the shoulder.  The defense hired high priced and well credentialed medical experts who determined that no mistakes were made and that our client’s injuries were mild and our now teenage client’s injuries hardly affected her activities of daily living.

$750,000 Slip & Fall

A local supermarket employee slipped and fell on snow and ice in the parking lot.   He underwent back surgery.  Just before trial, the case settled in Dutchess during a Pre-Trial Conference

$750,000 Scaffold Fall

A construction worker sustained a pelvic fracture and back injury requiring spinal surgery. The accident happened at a large Rockland County home improvement store. Since the defending corporations were based outside New York, the case was brought in United States District Court in White Plains and settled after several pre-trial mediation sessions.

$700,000 Ladder Fall

An electrician fell from a ladder at a construction site in Suffern, fracturing both feet. After an appeal, the case was settled prior to jury selection.

$660,000 Pain and Suffering Settlement

A husband and wife, whose vehicle was struck by tractor trailer while waiting to pay a toll, received a $660,000 pain and suffering settlement.  Both clients required spinal surgery. This settlement was achieved despite a major unexpected obstacle which arose when the victims’ own insurance company “became the enemy,” and refused to reimburse the surgeons; claiming the procedures were not medically necessary! In a subsequent arbitration, our firm was successful in overturning the denial and the victims’ insurance company was ordered to reimburse 100% of the surgery bills.

$650,000 Failure to Diagnose

A minister’s wife suffering from appendicitis went to the Emergency Room, but the staff failed to diagnose the problem. She ultimately died from a burst appendix. Settlement against an Orange County hospital on the day a jury was to be selected.

$650,000 Pedestrian Knockdown

Struck by a car in Bergen County caused several shoulder and wrist surgeries. The defense attorneys argued that our client was more than 50% responsible for crossing the street outside of a crosswalk. This would have prevented any award. After depositions and expert testimony, the insurance company was convinced that we could overcome this defense and achieved a settlement just before the trial was to begin.

$644,955 Auto Accident

A farm worker in the Finger Lakes drove through a stop sign into the path of a truck. Before he came to us, another lawyer told him that he did not have a case. We determined that the truck was driving at high speed and that the stop sign was hidden by vegetation. Settlement during trial.

$612,500 Chemotherapy Burns

A woman receiving treatment for cancer in a Bronx doctor’s office suffered burns on her arm when the chemotherapy medicine was deposited under her skin rather than into a vein. Settled before the doctor’s deposition.

$608,750 Injured Mail Carrier

A postal worker in his late 40’s slipped on ice while delivering mail. He suffered a low back compression fracture which healed, but his low back pain never subsided which required low back surgery. A few years later he required a low back implant of a pain medication pump device.  

Serious case challenges were overcome to successfully achieve the settlement because the biased Post Office, Workers Compensation, and Social Security Disability doctors all ganged up on this accident victim and downplayed his injury, and its causal relationship to the accident. Even worse, each examining doctor determined that our client was well enough to return to the Post Office without restriction. It was further satisfying to overcome the Post Office claim that the accident was our client’s own fault and that the settlement should have been much less!

$600,000 Motor Vehicle Accident

While driving a motor vehicle, our client was struck causing a fractured wrist requiring surgery.  The defense claimed that our client bore a significant amount of fault.   The case settled during Mediation before trial in Westchester County.

$600,000 Podiatric Malpractice

A podiatrist failed to diagnose and aggressively treat Complex Regional Pain Syndrome (CRPS). He performed two questionable surgeries which inflamed the condition instead of helping. We overcame a defense that our client’s chronic and painful condition was a natural result of CRPS and had absolutely nothing to do with anything the podiatrist did wrong. The case settled while awaiting trial.

$600,000 Medical Malpractice

The small bowel of our 72 year old client was perforated during hernia repair surgery.  She developed sepsis and ultimately succumbed.  We alleged that the doctor performing laparoscopic surgery failed to recognize the perforation and departed from the surgical standard of care.  The matter settled at a Westchester County Pre-Trial Conference.

$600,000 Broker Liability

A woman was struck by a speeding pizza delivery car crossing a double yellow line in the rain.  She required back and hip surgery.  Unfortunately, the driver had limited insurance and the pizza parlor’s insurance company refused to cover the claim.  The insurance company’s denial was contested.  We targeted the employer’s insurance broker and insurance company in addition to asserting a claim against the driver.  After depositions, the case settled despite the lack of coverage and our steadfast refusal to let the insurance company off the hook.

$600,000 Auto Accident

Our Florida client came to NYC to celebrate her remission from cancer.  She injured her neck and back 3 years earlier. The last thing she needed was to be rear ended in Brooklyn by a large ambulette which we claimed aggravated her spine.  Battle lines were drawn as to whether she would have needed neck surgery anyway without being struck.  We acquired medical expert reports which apportioned much of our client’s suffering and need for surgery on the recent car accident and not from old spinal problems.

$584,000 Pedestrian Knock Down

An elderly woman was struck while walking across a major Rockland roadway. The defense argued that she was not in a crosswalk, and that the driver had a green light. They argued before a jury that the client was solely responsible for being struck. Our client sustained several fractures. Before trial there was a small offer that was rejected.  A jury found the driver overwhelmingly responsible.

$575,000 Trip & Fall

A 73 old factory worker had an unwitnessed fall in a Brooklyn vegetable market sustaining fractures of her foot requiring surgery.  She ultimately died from heart failure after being placed on dialysis.  We retained a prominent kidney doctor who supported our position that dialysis was needed because of an infection caused by the fractures impaired kidney function and ultimately, caused death from a heart attack all of which related back to the fall.  Our position on damages was strongly disputed by defense who considered the dialysis and heart attack to be unrelated to the fall and that there was no responsibility for the fall about which our client knew very little.  The Kings County case resolved at Mediation.

$550,000 Unsafe Premises

We never gave up advocating for the surviving daughters of their hard working immigrant father who succumbed to injuries from a house fire in Queens.  The insurance company steadfastly refused to pay arguing that intoxication and smoking in bed caused the fire and that their father first survived but then voluntarily went back into the burning building to save a neighbor.  Using the legal doctrine of “Danger Invites Rescue”, we were able to secure a fair measure of justice because of an absentee landlord’s failure to have working smoke detectors, which our fire expert determined would have likely prevented the fire from spreading.

$550,000 Auto Accident

Award against the State of New York in the Court of Claims at White Plains for a car accident. Our client, in her mid-50s, was getting out of her car in a parking lot. A State employee backed out of the adjoining space, causing the driver’s door to close forcefully and pinning the woman’s knees against the doorframe. She suffered significant bilateral injuries. The State unsuccessfully argued that the accident was our client’s fault and that her injuries were degenerative and pre-existing.

$550,000 Medical Negligence

Lawsuit against a New Jersey surgeon for internal injuries caused during gall bladder surgery.  The surgeon first refused to settle.  He claimed a “perception illusion” as a defense for clipping the wrong anatomical structure necessitating two later surgeries to repair the damage.

$535,000 Environmental Tort

We represented 65 teachers, students, and staff members of a Bronx elementary school who were evacuated when fumes from a burn test of capsaicin at a pharmaceutical company across the street migrated through the air into the school. Our clients’ exposure to the fumes involved primarily transient reactions with no long-lasting effects. The case was settled at a pre-trial mediation.

$525,000 Auto Accident

Dutchess County mediated settlement. A woman sustained back injuries from a rear end car accident necessitating spinal surgery.

$525,000 Construction Accident

A construction worker suffered a neck injury requiring surgery when he fell off an improperly guarded makeshift scaffold. We defeated defenses that the general contractor did not know that an accident occurred or that the victim worked at the construction site. It was also claimed that our client was not eligible for favorable treatment under New York’s “Scaffold Law” contrary to legal argument we advanced and confirmed by trial and appellate courts.

$525,000 Workplace Accident

A factory worker was burned when the textile machine he was using malfunctioned. We sued the manufacturer claiming that the machine was improperly designed, creating a foreseeable risk of serious injury. The defendant argued that our client caused his own injury by operating the machine in an unsafe manner but we overcame this defense through our investigation and extensive pre-trial proceedings. The case settled before trial at mediation.

$500,000 Amputated Finger Tip

A carpenter involved in an auto crash sustained an amputated fingertip on his non-dominant hand with scarring of the arm.  The case settled before pre-trial depositions.

$500,000 Construction Accident

A Rockland construction worker fell 20 feet off a roof at a residential renovation project in Connecticut fracturing his arm and sustaining neck and back injuries. Although unfavorable Connecticut Law applied, we demonstrated that the job site was unsafe despite the defense that the worker was the sole and exclusive cause of his injuries.

$500,000 Pedestrian Knockdown

A bank worker was crossing the street on her lunch break and was struck by a car. We overcame the defense that she was negligent by walking across a heavily traveled roadway. She sustained several fractures. The case settled at a pre-trial conference.

$500,000 Job Site Accident

A construction worker was injured at a drainage project when a heavy bucket from an excavator  detached knocking him into a ditch and causing back and knee injuries.  Efforts to blame our client for violating work site regulations were unsuccessful.

$500,000 Motor Vehicle Accident

A 61 year old woman had a pre-existing history of neck and back problems.  While backing out of a condominium parking space, she collided with a truck.  We claimed that the truck carelessly struck her vehicle but the defense asserted that our client did not see what was plainly in clear view to be seen. We alleged an aggravation of pre-existing spinal injuries requiring surgery.  The case settled in Rockland County after several Pre-Trial Conferences.

$500,000 Motor Vehicle Accident

Our client eventually died from an intersection crash.  The insurance company and attorneys defending the case claimed that their driver had the right of way and that any settlement should be minimal because our client survived for only a few minutes with minimal pain and suffering.  Under very challenging circumstances, we achieved a solid compromise settlement.

$500,000 Hot Tub Drowning

A 22 year old man with a history of epilepsy was using a spa at a local casino and drowned.  We argued that the lifeguard was not paying attention.  The defense claimed that drowning arose from the failure to take medication.  Only after years of extensive proceedings did the case settle at a mediation while being prepared for trial.

$495,000 Nursing Home Negligence

Similar to the well-publicized McDonald’s “hot coffee case”, a 91 year old man received groin burns from hot tea.  Despite surgery and hospitalization, this WWII fighter pilot passed away.  The nursing home vigorously denied responsibility blaming our client for the spill.  When the case started, the insurance company claimed we had no case and would never settle.

$475,000 Motor Vehicle Accident

Our police officer client was sleeping in the rear of an undercover vehicle when it was side-swapped by a vending truck.  He claimed an aggravation of pre-existing workplace hip injuries.  The case settled against the City of New York and the offending driver during a Pre-Trial Conference at the Bronx County Courthouse.

$475,000 Medical Negligence

Burn injuries were sustained from routine facial laser surgery.  The plastic surgeon denied wrongdoing arguing that our client experienced an unforeseeable and rare allergic reaction.  We proved otherwise.

$455,000 Hair Salon Injury

The jury found that negligent application of hair perm chemicals in a West Nyack salon caused permanent skin damage. The insurance company offered a nominal sum; accepting our advice, the client refused.

$450,000 Auto Accident

Action settled in the Supreme Court, Bronx County, for a schoolteacher who sustained herniated discs. She was a passenger in a car that was rear-ended on the Cross-Bronx Expressway.

$450,000 Premises Liability

A woman in her late 50’s was walking on a NYC sidewalk.  She tripped and fell on a small crack.  We argued that the City knew of the condition and should have fixed it and was responsible for knee injuries.  The City claimed that the crack was minimal or nonexistent and it lacked adequate notice.  After discovery proceedings, the case settled while on the trial calendar.

$437,500 Nursing Home Negligence

A wheel chair bound woman was dropped and injured while being transferred with a hoyer lift when the lift’s strap suddenly broke.  The nursing home claimed proper protocols were followed with periodic inspections.  We believed otherwise.

$400,000 Nursing Home Malpractice

A facility tried to cover-up a painful and infected pressure sore.  Sadly the case became far more challenging because both our client and potential witnesses died.  We kept battling despite these obstacles and we were able to prevail and achieve a settlement.

$400,000 Negligent Supervision

A 52 year old man was confined to a State owned psychiatric facility.  He suffered from schizophrenia and was strangled to death by another mentally disabled patient.  The State argued that this horrific incident was neither preventable nor foreseeable.   We argued that it was an invitation to disaster to allow numerous unsupervised mentally ill residents to share a bedroom.  The case settled prior to trial.

$400,000 Defective Premises

A wheelchair bound woman fell from her wheelchair after traveling over a grass covered depression in front of her apartment. We argued that she suffered nerve damage causing problems in her upper extremities. The attorney for the property owner argued that any hole in the grass was trivial, and that all of the injuries arose from severe pre-existing conditions. The case settled as jury selection was about to begin.

$352,500 Surgical Error

A Rockland County woman received a settlement before jury selection in Westchester County for perforation of her colon during an operation.

$350,000 Gynecology Surgical Malpractice

A woman in her early 40’s had her bladder perforated when undergoing a hysterectomy. Defense claimed that this type of injury was a well known and acceptable risk. The hospital had refused to take any separate responsibility, deflecting the blame on the private attending OB/GYN surgeon, but in the end, had to contribute to the settlement because Fellows Hymowitz Rice demonstrated that a hospital-employed surgical technician should have also been more careful in the handling of the surgical instruments.

$350,000 Trip & Fall

There was a fairly large crack in a parking lot when our pedestrian client to fall on the way to work.  She fractured her knee cap and a small facial bone.  No surgery was required.  The case settled before depositions in Westchester County.

$350,000 Back Injury

A 42 year old woman had a history of preexisting treatment and problems in her cervical and lumbar spine.  She underwent cervical disc surgery.  The defense argued that her condition arose, not from her vehicle being struck in the rear, but from a preexisting neck condition.  We overcame this defense and settled before trial.

$350,000 Physical Therapy Negligence

A disabled child was injured when a physical therapist used a specialized technique practiced only by a handful of therapists in the United States.  The child’s leg was broken.  The therapist claimed  that the technique used was properly applied.  He argued that the child’s pre-existing disability made her susceptible to fractures and that medical records showed that the child returned to her preexisting condition within 8 months. The case settled after depositions.

$345,000 Fall from Sexual Assault

An elementary school child was sexually assaulted on a Bronx apartment rooftop by a teenager living in the same building.  The child sustained several fractures.  The case was featured in the NY Post and had insurmountable obstacles because of several Court rulings on similar facts.  Despite the insurance company going bankrupt, we never gave up during a nine year battle and recovered for the child, now an adult.

$337,500 Surgical Malpractice

A routine laparoscopic hernia mesh surgery was compounded by a erroneous colon perforation, which went undetected for a few days, ultimately requiring an emergency life-saving laparotomy surgery, which resulted in abdominal scarring and an unexpected protracted work disability.

Note: This well -credentialed New York City surgeon refused to give his consent to settle until the middle of the trial, just after he was aggressively cross-examined by Fellows Hymowitz Rice.

$325,000 Surgical Negligence

A 75 year old man battling leukemia, underwent surgery to stop intestinal bleeding.  A surgeon perforated his intestine causing sepsis and then death.  First refusing to take responsibility, the surgeon capitulated after his deposition realizing that the defenses to the lawsuit were not as strong as his malpractice insurer first believed.

$325,000 Nursing Home Neglect

Due to the lack of fall safety preventions and interventions, our client fell and broke her hip.  The defense claimed that the damages were minimal because she was elderly with a very limited life expectancy.  The case was resolved after a three-hour Mediation session.

$305,000 Auto Accident

A couple and their daughter suffered neck, back and knee injuries in a Westchester County collision. Settled before trial.

$300,000 Nursing Home Negligence

Senior citizen recovering from an operation in a nursing home fell from her bed, fracturing her hip. After the jury found the nursing home negligent, the insurance company paid.

$300,000 Slip & Fall

Our client slipped at a New Jersey Shoprite on water leaking from a freezer case.  The defense claimed that she ignored properly placed caution signs.  She torn ligaments requiring surgery.  We succeeded in demonstrating that any caution signs were inadequately placed in the presence of clear leaking water blending into the floor surface and presenting a “hidden danger.”

$275,000 Nursing Malpractice

In Orange County, an improperly administered injection during pregnancy resulted in persistent sciatica. Settlement before trial.

$255,000 Premises Liability

Our 90 year old client tripped and fell on a misaligned elevator.  She fractured her shoulder, requiring surgery.  When discovery proceedings were completed, we took the unusual step of moving for immediate judgment.  The case then quickly settled at a mediation.

$250,000 Dog Bite

A 17 year old high school student was bitten at a friend’s home. It was argued that the dog was not vicious, there were no prior attacks, and our client made an excellent recovery. The case settled quickly after depositions.

$250,000 Nursing Home Negligence

An 81 year old family matriarch fell when not given proper supervision and assistance.  Nursing staff downplayed the incident and seemed to purposely delay an x-ray which revealed a hip fracture requiring surgery.

$250,000 Fall at Make-Up Counter

Our elderly client was in a local mall trying on make-up.  The chair that she was given was too high causing her to be dislodged, falling to the floor, and fracturing her hip.  Despite a challenging liability scenario, the case settled in Rockland County before a lawsuit was filed.

$250,000 Motor Vehicle Accident

An oncoming vehicle crossed over a double yellow line striking our client’s vehicle.  She sustained several fractures including in her foot and ribs.  Unfortunately, the offending vehicle only had minimal coverage.  We were able to obtain additional compensation from our client’s own insurance company. The case settlement prior to the commencement of a lawsuit in Onondaga County

$237,500 Slip and Fall

Our client injured her wrist and elbow as a result of a fall on ice at a Dutchess County condominium complex. Settled.

$225,000 Motor Vehicle Accident

A passenger in her mother’s vehicle, tore her rotator cuff requiring surgery from a car crash.  After discovery was completed, the case settled in Rockland County.

$225,000 Defective Premises

A woman slipped and fell on wet tile in front of a store in Rockland County. She had two surgeries. The landlord argued there was nothing wrong with the tiles, and our client was not being careful because it was raining. They also argued unsuccessfully that the injuries were pre-existing. The case also settled quickly after depositions.

$215,000 Auto Accident

Our client’s car was struck in a crossover accident. A senior citizen, she suffered neck and back injuries. The case resolved in Dutchess County Supreme Court.

$212,500 Impaired Physician

Our 47 year old client was treated by a physician who was subsequently convicted of possessing heroin. We alleged that the doctor was addicted to heroin and impaired at the time he performed arthroscopic knee surgery and that the operation was improperly performed requiring another unnecessary reparative surgery.

$200,000 Dog Bite

A 12 year old girl was bitten in the face by a dog owned by family friends.  She required plastic surgery.  We argued that the dog had dangerous propensities and previously nipped or lunged at others.  This was denied by the dog owners who also argued that the bite caused no residual scarring.  The case settled at mediation prior to trial.

$200,000 Premises Liability

Our elderly client was walking in a supermarket parking lot.  She tripped over a small crack and broke a bone in her ankle.  Although she had trouble identifying what caused her to fall, we persisted on her behalf and the matter resolved after Mediation.

$190,000 Auto Accident

Jury award for a 55-year old Rockland County mental health aide who was a front seat passenger in a low-impact collision with minimal damage to the car. However, our client sustained an aggravation of a pre-existing disc injury. The insurance company offered $5,000 so we took the case to trial.

$175,000 Premises Liability

A mailman tripped and fell on a walkway while delivering mail.  He had a pre-existing shoulder injury from a motorcycle crash claimed to have been aggravated by the fall.  The matter resolved after discovery proceedings in Westchester County.

$150,000 Auto Accident

A 27 year old woman was struck by a pick-up and sustained soft tissue injuries to the neck and a wrist chip fracture. State Farm offered $37,500 but a Rockland County jury disagreed with a verdict of $150,000

$150,000 Trip & Fall

Our client tripped in a pot hole full of water in a supermarket parking lot fracturing her toe.  The defense argued that surgery was unrelated to the incident but rather from a pre-existing podiatric condition.  Prior to Trial, there was a settlement in Westchester County.

$125,000 Assault & Battery

A tourist was walking in Times Square when suddenly struck in the mouth by an employee at a construction site during a verbal altercation.  He broke two teeth and required root canal.  We claimed that a contractor, without adequate investigation, negligently hired the worker who had a criminal history.  Before the lawsuit was commenced, it settled in New York County.

$105,000 Auto Accident

Westchester County jury award to our client, a 42-year old hospital cashier who suffered a knee injury. She was a passenger in a car that was sideswiped by a van. Our client was willing to settle for $25,000, but the most the insurance company offered was $12,500. We went to trial and received four times more.

$100,000 Automobile Accident

A senior citizen was a passenger in an automobile that was struck by a car that ‘ran’ a stop sign. She tore her rotator cuff and surgery was recommended but never undertaken. The case resolved for the full insurance policy limits upon completion of our client’s deposition.

$100,000 Auto Accident

A 32-year-old receptionist sustained an elbow injury in an accident just outside her office building. The defendant denied responsibility, but a Rockland jury disagreed.