$1,237,004 Verdict for Failure to Properly Treat

A Bergen County Jury awarded a total of $1,237,004 to a Chester, NY man and his wife for the Defendant’s failure to timely address the Plaintiff’s heart condition, which resulted in his suffering a significant heart attack. Following a clinical stress test that showed a likely right coronary blockage, an angiogram was performed showing a 90% blockage of that same vessel. Despite increasing symptoms over the previous weeks, the patient was released from the hospital and immediately told to return eight days later for an angioplasty and stent. He later suffered from a heart attack that night.
The performing doctor failed to acknowledge the Plaintiff's past medical history of chest pain that put him at high-risk for a heart attack. No medical history was present in the records, and the doctor failed to obtain a history prior to treatment.

$5.7 MILLION OBSTETRICAL MALPRACTICE STRUCTURED SETTLEMENT

A settlement was achieved on behalf of a Morris County girl who had spinal deformities, which were missed during pre-natal ultrasound evaluations. As a result, the parents were deprived of the opportunity to determine whether or not to terminate the pregnancy. In addition to complications of the spinal deformities, the child suffered additional congenital impairments in her hearing and other observable physical deformities.

$3.38 MILLION GROSS MEDICAL MALPRACTICE VERDICT

A Morris County Jury awarded the Estate of a local man a gross verdict against two physicians totaling $3.38 Million, as a result of improper medical clearance that failed to diagnose hepatitis and that led to an unnecessary surgical procedure causing him to go into liver failure that was ultimately fatal. The jury also found that there was a chance that the gentleman’s liver failure and death could have resulted from his pre-existing conditions and also found that he was partly at fault by failing to advise the anesthesiologist of his hepatitis. Thus, the gross verdict was reduced for both these reasons with a net verdict against the physicians of $1.6 Million and a judgment of $2.1 Million.

$5.2 Million Obstetrical Malpractice Structured Settlement

A Sussex County girl was the recipient of a $5.2 Million structured settlement for the negligence of her mother’s obstetrician in failing to perform a timely delivery resulting in limited physical limitations, which required extensive therapies and the use of accommodative devices. The settlement included the establishment of a special needs trust for the preservation of funds and provision of her special needs.

$337,000 Podiatric Malpractice Judgment

A Passaic County jury awarded a West Milford woman a verdict of $250,000.00, which together with pre-judgment interest rose to $337,000. Our firm proved to the jury that the defendant podiatrist had failed to remove a post-operative fixation wire, which had compromised her blood supply resulting in the development of gangrene and requiring the amputation of her fifth toe.

$40 Million Vaccine Structured Award

The parties to a National Vaccine Compensation Claim today agreed not to seek a review and to accept a decision, dated March 31, 2000, by Special Master Laura Millman of the United States Court of Federal Claims. The decision awards a life-care plan, which will pay $40 Million to a Brooklyn girl who requires constant medical attention for her developmental disabilities and seizures that resulted from a whole-cell DTP vaccination. Britcher, Leone & Roth, LLC successfully prosecuted this case involving complex medical issues. The plan will provide in excess of $8 million in present value benefits and $40 million in payments, if the child lives to age 76.

$19 Million Vaccine Structured Award

A Paterson girl suffered retardation, seizures and behavioral disorders from a rubella vaccine. Our firm alleged that the vaccine, which led to her being stricken with encephalopathy, caused her disabilities. The $19 million total payments to be received are based on the girl's life expectancy of age 75.

$16 Million Obstetrical Malpractice Structured Settlement

A Superior Court Judge in Bergen County approved a settlement achieved by our firm on behalf  of a Bergen County boy who was born with debilitating hydrocephalus, which was missed during pre-natal testing.  As a result, the parents were deprived of their ability to make a knowledgeable decision of whether to carry the pregnancy to term, and the child's condition went undiagnosed for several months after birth. We established that the child's brain had not properly developed, causing impairments of sight, hearing, ambulation, verbalization and other brain function.

$13.6 Million Obstetrical Malpractice Structured Settlement

Our firm achieved a settlement including the establishment of a Special Needs Trust for the preservation of funds for a Bergen County boy, who was the victim of a delayed delivery by his mother's obstetricians. We alleged that the young man suffers from pervasive developmental delay, with an autistic component and self-injurious behavior, as a result of the doctor's negligence.

$3.5 Million Resort Negligence Settlement

A vacation at a well-known Caribbean resort resulted in a Bergen County man suffering spinal injuries, causing him to be a spared quadriplegic, confined to a wheelchair, with major motor coordination of his arms. Our firm achieved a $3.5 million present value settlement that involved special negotiations with the Department of Health and Human Services for the State of New Jersey and payment from resort management for their failure to guard against injuries to guests such as the plaintiff.

$1.59 Million Medical Malpractice Judgment

A 68-year-old plaintiff proved to a Bergen County jury that her family physician failed to diagnose and treat an infection in her foot. Gangrene developed and she was required to have an above the knee amputation of her leg. Our firm proved to the jury that the defendant committed malpractice in failing to take a culture and hospitalize the plaintiff when her condition started to deteriorate.

$1.35 Million Wrongful Death Settlement

A settlement was achieved worth $1.35 million for the death of a 37-year-old divorced and unemployed woman who was treated at the psychiatric hospital and died. The hospital failed to monitor the woman's fluid intake and output while on neuroleptic drugs; this led to dehydration and seizures, which caused brain damage and eventual death.

$1.2 Million Failure to Provide Adequate Security Settlement

A Hudson County man suffered neck, back, pulmonary and psychiatric injuries. The landlord for his place of employment failed to protect against a threat to the property, which resulted in his becoming trapped in a smoke filled room.

$1 Million Podiatric Malpractice Judgment

A diabetic man’s podiatrist failed to properly diagnose and treat a foot ulcer, which resulted in a partial amputation of his foot. It was also proven that the doctor had changed his records to hide the mistake. With prejudgment interest, the judgment exceeded $1 million.

$863,000 Orthopedic Malpractice Judgment

In February 1998, a Morris County jury awarded $863,000, with prejudgment interest, to a Morris County man and his wife, who was the victim of medical malpractice in a back operation. Our firm proved to the jury that the doctor failed to adequately evaluate the patient prior to surgery and failed to diagnose and treat a post-operative infection, leading to multiple subsequent surgeries and chronic pain.

$850,000 Radiology Malpractice Settlement

The firm achieved a settlement during jury deliberations for a young man whose ankle was injured and fractured at work, and was subsequently missed on x-rays taken shortly afterwards. Significant lost future income resulted from the doctor’s failure to diagnose and treat the injury.

$800,000 Cardiology Malpractice/Wrongful Death Settlement

A Judge in Passaic County approved an $800,000 settlement for the family of a Pompton Lakes man, who died following his doctor's failure to diagnose and treat an initial heart attack. Our firm alleged that the doctor had failed to properly read the deceased man’s EKG, following an initial heart attack, resulting in his failing to receive proper care prior to his death from an overlapping myocardial infarction. The settlement, which had a present value of $800,000, was structured to provide payments to his wife and children over the course of their lives, bringing the total payments to more than one million dollars.

$600,000 Failure to Diagnose Breast Cancer Settlement

The firm achieved a settlement on behalf of a middle-aged woman whose breast cancer was not treated, even though it was present and identified on a mammogram. The delay caused the disease to advance; a mastectomy was the only treatment option and survival chances were diminished.

$450,000 Failure to Diagnose Breast Cancer Settlement

The firm achieved a settlement for the estate of a middle-aged woman whose breast cancer was misidentified on an ultrasound examination. The resultant delay necessitated a mastectomy at the time of discovery and reduced her chances of survival.

$385,000 Obstetrical Malpractice/Unnecessary Hysterectomy Settlement

The firm achieved a settlement for a woman whose delivery was mismanaged by nurse midwives and an obstetrician, resulting in hemorrhage and a hysterectomy. The firm showed that the delay in recognizing cephalopelvic disproportion (CPD) was the cause of a massive hemorrhage, which necessitated a hysterectomy.

$372,000 Dental Malpractice Judgment

A Bergen County jury awarded $372,000, with prejudgment interest, to a 30-year-old client. Our firm proved to the jury that the client's oral surgeons were negligent in dealing with an infection at the site of a tooth extraction. We proved that the infection spread into the man's chest region, required further surgery and left him with permanent scars.

$356,000 Radiological Malpractice Judgment

A Bergen County jury rendered a verdict on behalf of a Teaneck woman and her husband on December 18, 1996, after our firm convinced the jury that she suffers damage to the radial nerve of her dominant arm, as a result of the improper performance of a procedure through the axillary artery. The 67-year-old woman suffered the inability to use her left arm, rendering her unable to attend her normal daily activities and commitments.

$150,000 DPT Vaccination Settlement

The U.S. Court of Claims approved this settlement for the estate of an infant who died three hours after the administration of a Diphtheria Pertussis Tetanus Vaccination. The firm obtained this compensation under the Childhood Vaccination Injury Compensation Act, which provides for a maximum of $250,000 in a death case. This settlement was particularly noteworthy because the infant had other significant medical problems, which could have arguably contributed to the cause of death.

$140,000 Orthopedic Malpractice – Invasive Procedure Settlement

The firm achieved a settlement on behalf of a man injured during the performance of a spinal examination involving a needle and dye injection. The physician’s error caused a hemorrhage in the patient’s back, which caused a permanent and painful neuralgia of his leg.

$135,000 Plastic Surgery Malpractice Settlement

The firm obtained a settlement on behalf of a Bergen County woman whose breast was disfigured by a plastic surgeon’s failure to recognize infection following a surgical procedure. The firm was able to show that the delay in diagnosis and treatment of the infection caused significant and additional scarring that would have been prevented with proper treatment.

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