Notable Cases

The cases represented here are some of the outstanding results obtained for Clients our Attorneys have represented. These recoveries include Settlements Before Trial, Settlements During Trials, Jury Verdicts, and Settlements After Trial or Appeal. We always respect and seek to protect the privacy of our clients. Although many of these cases have been reported by the media, including television news programs, newspaper articles, jury verdict reporters, and numerous legal publications, we continue to protect the privacy of our clients personal identification. In addition several of the cases identified are Settlements which have confidentiality agreements protecting the identity of the parties involved or the amount of the recovery if the parties are identified. All cases are different and the amount of any compensatory recovery depends on numerous factors specific to each case, and the parties involved. The recoveries in the identified cases are not intended to reflect the value of your potential case or to provide any expectations of similar results for any other potential claim.

The 31 year old male Client  was a Passenger on a Shuttle Bus providing transportation for individuals with Disabilities. The Shuttle Bus crashed into a fixed Porte Cochere roof overhang in a City Park, which had a low clearance height with no warning signs. The Client suffered multiple lumbar disc herniations requiring numerous Epidural Steroid Injections to his lumbar spine. The Client was not a surgical candidate and was not employed. Suit was filed against both the City, which owned the park, and Shuttle Bus Company.  The Shuttle Bus Company went bankrupt before lawsuit was filed but had liability insurance applicable to the incident. Attorneys, Richard J. Roselli & Nicholas J. Roselli were able to obtain a settlement before the trial with both defendants for a total recovery of $600,000.
Settlement Before Trial

The Client was a 51 year old male who had a fall at home, suffering a closed head injury with brain swelling. There was no claim brought related to his fall, as it was not the result of any negligence. The client was admitted to a local hospital where he underwent emergency surgery, at which time a bone plate section was removed from his skull to reduce the pressure to his brain. The surgeon had advised there was the option at a subsequent surgery, of replacing the removed section of his skull with either his natural skull plate bone or using a synthetic skull plate. The Client was unconscious and could not make the decision, but his wife made the decision for his natural skull plate to be used and replaced to his skull during the second surgery . The client’s natural skull plate bone flap, was to be stored in a refrigerated storage unit at the hospital until the second scheduled surgery to replace it to his skull. At the time of the scheduled second surgery, it was discovered that the natural skull plate could not be used, and was not viable, as the refrigeration unit lost power during a recent Hurricane and their was no backup generator. Whether the actual natural skull plate bone could have been used in the second surgery, was unable to be determined since it was destroyed before the replacement surgery, leaving the synthetic skull plate as the only option. The replacement surgery cranioplasty was performed at a different hospital, by the same surgeon who surgically removed the natural skull plate during the client’s initial emergency surgery. The Client had cosmetic complaints post-op that he felt a ridge where the plate was attached to his skull. He required no future medical treatment relating to the synthetic skull plate used. Attorney’s Richard J. Roselli and Nicholas J. Roselli initiated a claim against the Hospital alleging that the failure to preserve the client’s skull plate by failing to securing the refrigeration unit with a working backup power source, amounted to General Hospital Negligence, rather than Medical Malpractice. The Hospital accepted liability for the loss. Settlement Negotiations were initiated with the Hospital’s Claims Adjuster, prior to filing suit. After extensive negotiations, Settlement was achieved resulting in a recovery for the Client in the amount of $300,000.
Settled Prior to Filing Lawsuit

The Client was a 24 year old male from Miami, Florida, who was on a ski trip with friends in Colorado. He was a backseat passenger in a car traveling on an expressway when their vehicle was struck by the defendants car. The defendant was attempting to change lanes and then lost control of the vehicle, spinning and sliding on the roadway until impacting the rear of their vehicle at high speed. From the impact, the vehicle the client was in, was propelled into the guardrail and then rolled over two times. The Client was in the right rear passenger seat, and was ejected from the vehicle landing 50 feet away. He suffered multiple significant fractures and closed head injury. He required lengthy hospitalization in Colorado, and thereafter returned home. After continued medical treatment, including foot surgery, and physical and occupational therapy, he was able to return to work and resume his normal activities. He further was able to significantly recover from his closed head injury, though having residual mild cognitive impairment. The claim was brought against the defendant driver, and the Clients Underinsured Motorist Coverage.
Settlement For Total Available Policy Limits

The 35 year old female Client tripped at night in a poorly lit parking lot on uneven asphalt that was cracked and elevated due to underground tree roots. The client, fell suffering a displaced trimalleolar ankle fracture requiring ankle surgery with internal fixation. Experts were retained for Parking Lot Maintenance and for Lighting Requirements. Attorney, Nicholas J. Roselli was able to obtain a Settlement before suit was filed for $400,000 on behalf of the client.
Settlement Before Lawsuit Filed

The Client was a 19 year old female from South Florida, who was attending College in New Orleans, LA. On the night of the incident, she had gone out with her friends to a local live music venue. She left with a group of seven piled into an SUV to return to campus. With five in the back seat, two girls were sitting on laps. The Client was a rear seat passenger sitting next to the door. The SUV was driven by a male student who was not the vehicle’s owner.  The driver  was  driving carelessly, and at excessive speed when he lost control and ran into a cement light post in the median. The vehicle f rolled several times in the median, before coming to rest on its roof.  The Client was ejected out of the SUV as it rolled and she temporarily lost consciousness at the scene. Miraculously, the Client had no catastrophic injuries, but multiple lacerations and abrasions and was ultimately physically diagnosed with primarily soft tissue injuries. However, the horrifying experience caused the Client to suffer Post-Traumatic Stress Disorder with depression and anxiety.  She underwent considerable PTSD counseling  following the crash. Although she still suffered with PTSD,  she made an incredible recovery and graduated from College. A Defense Compulsory Psychological Medical Exam was ordered and performed by the Head of the Psychiatric Department of a major medical school, whose testimony during deposition was totally neutralized during cross examination by Richard j. Roselli, with the expert finally agreeing that the Client had significant PTSD from the crash.  Attorney’s Richard J. Roselli and Nicholas J. Roselli obtained Pro Hac Admission to the Louisiana Bar, and with the assistance of local co-counsel the lawsuit was filed against both the Driver, from Florida, and the Vehicle Owner, from Illinois. At the conclusion of discovery, with the trial set, the case went to Mediation and was settled with both defendants.
Settlement at Mediation Before Trial

A family  living in a rental apartment had a fire in the premises. As a result of the building owner failing to have a working Smoke Alarm in the apartment, the family’s youngest child, a baby, died. The Wrongful Death Lawsuit was filed on behalf of the family, against the landlord/building owner, for failing to provide a working Smoke Alarm, or warn tenants that there wasn’t one in the apartment.  Lisa McNelis represented the family, and at trial the jury awarded the family in their verdict, $3,500,000.
Jury Verdict

The  Client was 45 year old female who had parked her car to attempt to render aid to someone  involved in a vehicle crash caused by the negligence of a tow truck driver.  While at the crash site, and attempting to assist the crash victim, the Client was struck by a motorcycle which was weaving through the stopped vehicles.  The Client suffered multiple spinal fractures requiring spinal fusion surgery.  Claims under were brought against the motorcycle operator, and the tow truck driver who caused the initial accident, under the Rescue Doctrine.  Surveillance video from a local business was obtained which provided evidence of both defendants negligence causing the incident. Attorneys, Richard J. Roselli & Nicholas J. Roselli were able to obtain the full policy limits from both defendants insurance companies.
Settlement for Policy Limits

The 77 year old male Client, had attended a theatrical show hosted in a local church in Palm Beach County, Florida. The Church had a contract with a Performing Arts Co. that put on a series of semi-professional performances at the Church Property. The client and his wife had parked in the churches main parking area, and walked from the parking lot to the Main Entrance. The sidewalk curb had no cuts or ramps for pedestrian access. Following the performance, the client and his wife walked to their vehicle in the poorly lit parking lot area. As they approached their vehicle, the client attempted to step down from the sidewalk curb onto the asphalt. Due to the inadequate lighting, the client was unable to discern that the height of the curb at this location was considerably higher, and reasonably expected that the height of the curb was the same as where he had stepped up to the sidewalk. As a result, when the client stepped off the sidewalk curb, the ground surface at this location largely consisted of loose gravel, and was 4 inches lower than the adjacent asphalt. Upon landing on the lower asphalt surface, the force of his step from the excessive height, caused him to tear his quadriceps muscle..As he fell to his knees, he tore the quadriceps muscle of the other leg. The client was required to undergo a bilateral quadriceps tendon repair surgery. The client made a full recovery post operatively. Experts were retained for Parking Lot Design and Maintenance, and for Lighting Requirements. Suit was filed against both the Church as the premises owner, and the Performing Arts Co., to whom the client was a business invitee. Attorneys, Richard J. Roselli and Nicholas J. Roselli were able at Mediation before Trial, to obtain for the Client a combined Settlement with both Defendants of $300,000.
Settlement at Mediation Before Trial

The Client was a 58 year old male with longstanding controlled hypertension who suffered a stroke, determined at a local hospital ER be a hemorrhagic stroke. He was evaluated by the on-call Neurologist. While in the ER, he suffered an episode of vomiting and a decline of his neurological status, which were signs of increased intracranial pressure. The Neurologist failed to request a Neurosurgical Consult, or order a repeat or serial CT Scans to further evaluate the bleed. The Neurologist ordered admission to the Neuro Progressive Care Unit (NPCU), which the doctor was unaware had been closed by the hospital.The patient was admitted to the Progressive Care Unit (PCU), but in view of his worsening neurological condition should have been admitted to the Intensive Care Unit. While in the PCU, his neuro status continued to worsen and he again vomited. The Neurologist was called by the attending nurse twice during the night advising of the changes. Again he failed to recognize the signs of increasing intracranial pressure, and did not request a Neurosurgical Consult, did not order a repeat CT Scan, and did not come to the hospital to re-evaluate the patient. In addition, a STAT order for the medication Mannitol, which temporarily reduces swelling in the brain, was not administered timely by the nurse. The patient’s condition continued to worsen during the night and by morning when he was unresponsive, finally a repeat CT Scan was ordered which showed the patients brain bleed had significantly enlarged, and had herniated, causing his death from the massive brain hemorrhage. The Neurologist finally requested a Neurosurgical Consult, when the patient was unresponsive and his brain herniated, and the Neurosurgeon determined it was too late for any surgical intervention. The Wrongful Death Claim was brought on behalf of the wife and adult daughter for the death, with full recognition that had he survived the initial bleed, he would have suffered significant disability including the loss of speech and significant motor function requiring attendant care. The case was settled for the policy limits of the Neurologist, and of his medical group, with the balance paid by the hospital.
Settlement Before Trial

The Client was a 42 year old man experiencing back pain while working out. He went to an urgent care clinic complaining of mid to lower back pain, numbness, and weakness in both legs. The Client returned with symptoms in legs worsening, but was noted to have full bladder control. A Lumbar MRI showed only mild disc bulges in his lumbar spine, and he underwent physical therapy without improvement. He then went to a local Chiropractor, complaining of continued mid back and lower back pain, with numbness and weakness in both his legs to his feet. The Chiropractor recorded no History from the Client in his office record. On exam, abnormal findings were recorded as to both the lumbar spine, and thoracic spine with inflammation from T-8 to T-11. The Chiropractor performed only lumbar x-rays, and his diagnosis was, Lumbar Pain and Displacement of Lumbar Disc. He made no mention of any abnormality of the Thoracic Spine. The Chiropractor performed manual adjustments to both the lumbar and thoracic areas.. He then referred the Client to an Urgent Care Clinic the Chiropractor was affiliated with for evaluation which was performed by a Physicians Assistant (PA). Although complaining of mid back pain, their diagnosis was lumbar pain and radiculopathy, and the Client was referred to return to the Chiropractor. The Client returned to the Chiropractor for three visits, and each time underwent thoracic and lumbar adjustments. His condition significantly worsened while undergoing the adjustments performed by the Chiropractor. He now had difficulty ambulating, as well as urinary incontinence. The Chiropractor wanted him to return for additional adjustments, and never referred him to a medical specialist at any time for evaluation, or further diagnostic studies. The Client then saw a Neurologist who obtained a complete history and found the Client now had bladder control issues, erectile dysfunction, and sensory loss in the legs at sensory level of T 10. The neurologist was concerned about a Thoracic Spinal Cord Myelopathy process, and ordered an MRI, which was performed that same day. The Thoracic MRI showed at T9-10: disc herniation with a radial tear, impinging on the thecal sac with moderate cord compression. The Client was directly referred to an orthopaedic spine surgeon, who noted that the significant worsening of his symptoms had occurred after receiving chiropractic adjustments. The Client was immediately sent to the hospital and was admitted and prepped for emergency surgery. Another MRI was performed which showed a large extruded disc at T9-10, as well as spinal cord compression and spinal cord contusion. Spinal surgery was performed for decompression, and posterior spinal fusion. The client had significant recovery following the surgery, with return of full bodily function, though still with occasional back pain. He was able to return to work full time. Medical and Chiropractic Experts were retained supporting allegations of chiropractic malpractice, and that the spinal cord contusion occurred from the chiropractic adjustments. Statutory Medical Malpractice Presuit was served against the Chiropractor and the Urgent Care Clinic he was associated with. The Defendants claimed the Clients condition was a pre-existing and progressive condition and not from the Chiropractor’s adjustments. The Chiropractor had malpractice insurance but the Clinic did not. It was discovered at Mediation that the Chiropractor had declared bankruptcy during the Presuit Period, which provides an automatic stay of any proceeding against him. In Federal Bankruptcy Court, our attorney’s were able to have the stay lifted to proceed against the malpractice insurance coverage. Richard J. Roselli and Nicholas J. Roselli were able to obtain for the Client, a combined settlement from the Chiropractors insurance company, and the uninsured Clinic having to contribute personal funds since they had no insurance coverage, for a total recovery in excess of $600,000.
Settlement After Mediation and Bankruptcy Stay Lifted.

The 62 year old female Client was rear ended by a Semi-Truck at 30 mph, while she was slowing in the early morning fog on a rural highway. The client suffered disc herniations in her back and neck, with headaches and Post Traumatic Stress Disorder (PTSD) following the crash. She underwent conservative treatment for her neck and back injuries as well as counseling for her PTSD. The client required no injections or surgery for her injuries, and ceased receiving counseling for her PTSD before the settlement. Attorney, Nicholas J. Roselli was able to obtain a settlement  of $200,000 for the Client.
Settlement Before Lawsuit Was Filed

The Client was a 21 year old male college student visiting Key West with his family on Spring Break. As a pedestrian in the crosswalk of the main highway entering Key West, after crossing four lanes of stopped traffic and a large median, was struck by a car. The driver accelerated through the intersection on a yellow light and failed to look to his left for pedestrians crossing the roadway in the crosswalk. After impact the car continued for almost 60 feet, while the client was thrown onto the cars hood, smashing the windshield, and he was ejected to the roadway pavement. The client suffered significant leg fractures necessitating surgery with internal fixation. He consequently suffered non-union of the fracture site requiring subsequent surgery. His return to college was delayed due to his rehabilitation, however he was able to return to college. Suit was filed against the driver and owner of the car. Before the Trial began, the case settled for the available policy limits.
Settlement Before Trial For Full Policy Limits of Both Policies

The Client was a 52 year old fence installer with his own company. His company was subcontracted by another fence company to perform installation on a construction site for a third party general contractor. During the job, the client used a skid steer loader with an auger attachment, owned by the fencing company that hired him, to drill holes for fence posts. The auger attachment was rigged with a  looped  strap attached to it by the Fencing Company that owned it, which was used for lifting and carrying the auger by the company employees.  The strap was old, worn, and consisted  of multiple pieces of nylon packaging strap tied together, and not proper for lifting an auger.  The Client was instructed by the fence company that hired him, that he had to use the strap to lift and move the auger to avoid damaging the auger’s hydraulic hoses.  The client did as instructed and used the forklift attachment on the skid steer to lift the auger  by the strap. While the auger, weighing over 1000 lbs, was elevated above the ground, the strap broke, causing the auger to fall into the cab of the skid steer crushing the clients ankle and fracturing both his tibia and fibula. The client required internal fixation surgery to reduce the fractures.  After recovery, the client was able to regain mobility, however returning to work in a more supervisory role. Nicholas J. Roselli and Richard J. Roselli, filed suit against the Fence Company, and Project Supervisor. The Defense denied in discovery that a strap was ever attached to the auger, however by prompt investigation after the incident, we were able to obtain photos of the auger with the strap on and broken.  The Defense also raised issues for Summary Judgement, of Workers Compensation Immunity.  In addition, defenses were raised with supporting testimony,  denying the Client was ever advised to use the strap, and of comparative negligence. After extensive discovery the case went to Mediation, with Summary Judgement Hearing pending.
Settlement after Mediation, Before Trial.

The Client was a 53 year old female, married with adult children, who drove her vehicle into a shopping center parking lot when Defendant 1 coming from her left, ran a stop sign and crossed her path without contact. She emergently applied the brake stopping her vehicle and avoiding impact with that vehicle. She was then struck from the rear by a vehicle driven by Defendant 2, which was entering the parking lot behind her, causing her severe pain in her neck. After a year of conservative orthopedic treatment she underwent an Anterior Cervical Fusion at C-4 which allowed decreased pain and increased range of motion. The client was a realtor and had no provable loss of earnings due to the downturn in the market. The suit was filed against both drivers, who were insured by the same insurance company, which resulted in a tender of both their policy limits of $100,000 each. Thereafter an Underinsured Motorist Claim was brought against the Clients insurance company with coverage of an additional $250,000, and the UIM Claim was settled for $240,000.
Settlements for Policy Limits and UIM Settlement at Mediation

A 58 year old woman had yearly mammograms for over ten years. Her mammogram was interpreted as normal by the Defendant Radiologist even though it showed an early stage cancer that was potentially curable. Her cancer grew and was not discovered until one year later and had spread throughout her body. Despite aggressive chemotherapy and radiation, she tragically died, leaving a husband and two daughters. The Radiologist and his Radiology Group attempted to avoid responsibility for their negligence by failing to maintain their Malpractice Insurance Coverage, upon the mistaken belief that without malpractice insurance they would not be sued. A Wrongful Death Lawsuit was filed on behalf of the Decendent’s Family against the uninsured Radiologist and Radiology Group. At Mediation a settlement was reached and the Defendants were required to obtain bank loans to pay the entire settlement.
Settlement After Mediation Before Trial

An Ob-Gyn Physician under an HMO plan failed to timely deliver baby in fetal distress resulting in brain damage with motor and cognitive impairments. The lawsuit was brought against the OB/Gyn, the HMO, and the Hospital, which was a public hospital with a sovereign immunity cap on damages. The case settled before trial at Mediation with contributions of $6.8 from the HMO, $200,000 from the uninsured OB/GYN, and $ 600,000 from the Hospital with Sovereign Immunity which was collected by the filing of a Legislative Claims Bill.
Settlement at Mediation/Partial Recovery by Legislative Claims Bill

A married man in his early fifties began experiencing abdominal pain and a bulge in his upper abdomen. He sought evaluation from a primary care physician, who advised the bulge was a hernia, but failed to refer him for consultation with a specialist. He further failed to refer him for a screening Colonoscopy since he was over 50 and never had the study previously performed. After obtaining bloodwork which revealed high cholesterol and finding mild hypertension on exam, the physician began treatment and monitoring of those conditions. During the next year at several office visits, the man continued to complain of the abdominal pain and the growing bulge in his abdomen. The physician never referred him for further evaluation. As the pain increased he went to the Emergency Room of a local hospital and a Abdominal CT Scan revealed a cancerous tumor in his colon which had significantly grown and metastasized during the prior year. After extensive treatment and surgery the man ultimately died from the cancer. The Wrongful Death Claim was filed on behalf of the Spouse against the physician. The case was settled for the physicians’ policy limits after the conclusion of the Presuit Period.
Settlement for Policy Limits after Presuit

The Client was a motorcycle driver who was riding down a rural highway when a flat bed truck owned by a local lumber company turned in front of him violating his right of way. The Client layed down the motorcycle sliding to avoid direct impact with truck. The sliding motorcycle with the Client came to rest impacting into the truck wheels, resulting in paralysis of his lower extremities.
Settlement for Policy Limits

The Client was a 22 year old single female from Pennsylvania who was a recent college graduate. She had not yet begun any career employment. She was traveling on vacation in Florida with her boyfriend, when the vehicle in which she was a passenger was sideswiped by Defendant 1 on an exit ramp of I-95 causing her boyfriend Defendant 2 to lose control and the vehicle rolled over in the grassy area around the exit ramp. The Client was wearing a seat belt and was diagnosed with a stable fracture of the C-1 vertebrae. She was released from the hospital and returned to her family home in Pennsylvania. She suffered a delayed union of the fracture which ultimately healed, and she had no functional losses from the injury. With extensive physical therapy and injections into the cervical muscles her pain and spasms reduced significantly and she was able to begin full time employment with no loss of future earning capacity. The claim was brought against both vehicle drivers, resulting in the tender of the $50,000 policy limits of Defendant 1, and the $20,000 policy limits of Defendant 2. In addition, the $20,000 Underinsured Motorist Coverage policy limits of Defendant 2 were also obtained since the Client was a passenger in the vehicle. Thereafter, an Underinsured Motorist Claim was brought against the Clients own insurance company with policy limits of $400,000 (by stacking all family vehicles) which was ultimately tendered as well.
Settlements for Policy Limits and UIM Settlements for Policy Limits

A young single man from Brasil was in the U.S. studying to be a pilot at a local flight school. He was flying a training flight for his instrument rating with an instructor, when the aircraft was involved in a mid-air collision with another aircraft. The other aircraft was piloted by another student pilot, with an instructor from another flight school. As a result of the mid-air collision, the young man’s aircraft crashed and the young man and his instructor were both killed. The Wrongful Death Claim was brought on behalf of the decedents’ family in Brasil against the Instructor and the Flight School, as well as the Student Pilot, Instructor and Flight School of the other aircraft. The Wrongful Death Claim was Settled for all available Policy Limits.
Settlement for Policy Limits

A young single man from Brasil was in the U.S. studying to be a commercial pilot at a local flight school, and was working as a flight training instructor at a local flight school. He was the instructor flying with a student on a training flight when the aircraft was involved in a mid-air collision with another aircraft. The other aircraft was piloted by another student pilot, with an instructor from another flight school. As a result of the mid-air collision, the aircraft with the Instructor and Student crashed and both were killed. The Clients had initially retained another large South Florida Lawfirm for representation, however that firm failed to open the Estate and proceed with the case timely, and with just months remaining on the two year Statute of Limitations discharged the Lawfirm and retained Richard J. Roselli, Esq.. The Estate was opened and the Wrongful Death Claim was brought on behalf of the decedents’ family in Brasil, against the Student Pilot, Instructor and Flight School of the other aircraft. The Wrongful Death Claim was Settled for all available Policy Limits.
Settlement for Policy Limits

The Client was a single young unemployed man who was recently discharged from the military who was riding a bicycle at night when he was struck by a car driven by an off duty Deputy Sheriff. He suffered multiple fractures with a minor closed head injury resulting in memory loss and neuropsychological symptoms. Although the defendant’s insurance company attempted to timely tender the policy limits of their insured, it was not accepted and the case went to trial resulting in a jury verdict of $2.17 Million, reduced by comparative negligence to $1.1 Million. The verdict was substantially in excess of the Defendants liability insurance policy limits. The Defendant post trial filed a legal malpractice claim against his defense attorney assigned by his insurance company, and obtained the policy limits of his defense attorney’s legal malpractice insurance by settlement, which was assigned to the injured Client in payment of the outstanding judgement from the excess jury verdict.
Jury Verdict – Excess Judgement

The client was a man suffering chest and upper abdominal pain was evaluated by his physician who failed to properly examine him and failed to perform appropriate diagnostic studies. The Client was suffering from an acute Dissecting Aortic Aneurysm which the physician failed to diagnose causing the delay of necessary surgery and resulted in his death. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement for Policy Limit

The Client was a middle age woman suffering with knee pain when walking who was admitted to a local Hospital for a total knee replacement. Although the Surgery was successful, on the day following surgery the physical therapist employed by the hospital negligently failed to properly assist her getting out of bed. The Client fell to the floor and damaged the knee replacement. After subsequent surgeries to remedy the damage, she still suffered from knee pain and difficulty walking. A lawsuit was filed on her behalf against the Physical Therapist and the Hospital. In addition to the Settlement recovery, the Hospital agreed to pay all remaining medical bills owed by our client relating to her injury.
Settlement after Mediation just days before Trial

Married Client suffering from esophageal reflux sought evaluation and underwent a biopsy of his esophagus. The Outpatient Lab mislabeled the Clients biopsy slide with the biopsy of another patient which resulted in misdiagnosis of his condition as Barretts Esophagus Syndrome which required the unnecessary surgical removal of the Clients entire esophagus.
Settlement

The Client was working as a clerk in an adult bookstore when he fell off a stool at the salescounter, and suffered a severe fracture of his femur bone in the upper leg. The Orthopedic Surgeon who performed surgery on the leg failed to properly monitor the fracture postoperatively, which resulted in non-union of the fracture. The Client had to undergo a second surgery with the insertion orthopedic stabilization hardware.
Settlement During Malpractice Presuit Period

The Client was young woman who was delivering a baby at a local Hospital. The labor and delivery nurses, and the obstetrician failed to properly monitor the delivery when the baby was in distress, which as a result of the delay in performing an emergency C-Section the baby became cyanotic and died after delivery. It was also discovered that the delivery nurse altered the medical records relating to the labor and delivery. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.  After extensive discovery settlement negotiations before the trial, resulted in a Settlement for the family of $1,300,000.
Settlement Before Trial

The Client was in an auto accident, and as a result of not wearing his seatbelt was ejected from the vehicle suffering spinal injury. At a local Hospital Emergency Room he was improperly evaluated and immobilized resulting in increasing spinal cord swelling causing partial paralysis. Client recovered from paralysis with remaining disability.
Settlement at Mediation

A fifty five year old woman suffered with post menopausal bleeding for over four years, had reported this condition repeatedly to her family physician. The Family Physician ordered no testing and made no diagnosis until finally referring her for a gynecological consult. The Gynecologist performed appropriate diagnostic studies which ultimately provided the diagnosis of Uterine and Cervical Cancer. The cancer had grown and progressed over the prior several years without diagnosis and treatment, and had metastasized to other areas of her body. When finally diagnosed it was too advanced for treatment, and she died from the cancer. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement for Policy Limits

Client was a man who suffered a severe neck injury during a Masonic initiation. The Paramedics who responded to the emergency call failed to recognize the severity of his injury and he was improperly immobilized. He was transported to a local Hospital Emergency Room where both in the Emergency Room and after admission he was not properly evaluated and treated further worsening his spinal cord injury resulting in his becoming quadriplegic.
Settlement

Client who was working for military contractor fell off truck liftgate when it began unexpectedly lowering. As a result of the fall he suffered fractured skull resulting in headaches, neuropsychological symptoms and personality changes. Product liability claim brought against Navy coordinator of the project who accidentally stepped on liftgate lever, liftgate manufacturer and the vehicle rental company. The jury found the Navy coordinator to be negligent, and the verdict greatly exceeded his insurance coverage. The liability insurance company recognized they were in Bad Faith by failing to settle before trial and paid the entire verdict post trial.
Jury Verdict Excess Judgement

Young single male suffering a spinal injury and was taken to the Defendant Hospital’s Emergency Room. As a result of having no health insurance, the client was discharged without being appropriately evaluated and treated, and was not in a stable condition at discharge. As a result of the delay in necessary treatment he suffered paralysis. A Federal EMTALA claim was brought in the lawsuit against the hospital for discharging the client in an unstable condition.
Settlement at Mediation

The Client was a methodone addict who was on probation in a work release program. He was riding a motorcycle and on his way to work when his motorcycle was stuck by a car making left turn into a parking lot driveway. In the crash his leg was crushed by a direct impact and resulting in his requiring a below knee leg amputation. The lawsuit was filed against the auto driver, who was on his way to work, and his employer. The case settled before trial after we were able to prove the motor vehicle driver was on his cell phone on a work related call at the time of the accident.
Settlement for Policy Limits

The Client who had undergone a prior kidney transplant, was prescribed a cholesterol medication by his physician which was contraindicated and in an improper and excessive dosage. The prescribed medication interacted with necessary medication he was taking for his kidney transplant, and consequently caused muscular atrophy of his lower extremities.
Settlement for Policy Limits

Client had suffered a work injury to his neck and was progressing well with conservative treatment. He was referred for evaluation to a Neurosurgeon by the workers compensation carrier. The Neurosurgeon following evaluation, recommended and performed surgery at a local Hospital to multiple levels of his cervical spine. The procedures included laminectomies and foraminotomies at C 3-4, C-4-5, C 5-6, and C 6-7. The Client was cleared for surgery by a Consulting Physician, although the Client was suffering from uncontrolled hypertension. Postoperatively the client had complications resulting from his hypertension which as a result caused him to suffer paralysis. The Client should not have been cleared for the surgery and was at risk due to his uncontrolled hypertension, and further, the surgery performed was not clinically indicated.
Settlement at Mediation

Client was in a motor vehicle crash with an uninsured motorist, and as a result of the crash suffered seizures. The defense claimed the client was not having true seizures but was faking or having psuedo-seizures. The jury believed the expert medical witnesses presented on behalf of the plaintiff and returned a substantial verdict for the plaintiff.
Jury Verdict

A forty-two year old man working on an engineering project in Haiti, suffered severe back pain and was airlifted to a Miami Hospital. He was under the care of a Neurosurgeon, who was a Professor at a local Medical School, and his Residents in training. On MRI he had a herniated disc, and the Neurosurgeon with the Residents performed by microsurgery a hemilaminectomy, foraminotomy, and removal of disc fragments. Surgical complications occurred with a bone fragment piercing the dura of the spinal cord causing a cerebral spinal fluid leak. During the surgery the bone fragment was removed and the dural tear sutured. The Neurosurgeon then tested the closure of the dural tear by injecting a chemical (which was neurotoxic) into the dural space to see if it leaked out, and then irrigated the surgical area with an excessive amount of antibiotic liquid (also neurotoxic). As a result the Client suffered postoperative complications which were ultimately diagnosed as Arachnoiditis and Cauda Equina Syndrome. The Client was never advised of the complication. The Neurosurgeon reported the complication in the original Operative Report, but before the Client was discharged, the Neurosurgeon removed the original Operative Report from the hospital chart and replaced it with another Operative Report he personally typed removing all reference to the complication. The Neurosurgeon was unaware that the hospital had already provided the client a copy of the hospital records to give the doctors providing further care in his home State. During investigation of the case the false duplicate operative report was discovered. After a Motion was filed to allow a Claim for Punitive Damages, the case was settled by the Defendants.
Settlement

The Client was a 12 year old girl riding as a passenger in a vehicle which rearended another vehicle stopped at a turnpike toll booth. She was wearing a seatbelt however as a result of the impact, she suffered multiple fractures to her thoracic vertebrae. The defendant claimed brake failure. We bought the vehicle from the Defendants insurance company and had engineering experts test the vehicle’s brake’s and determined there was no brake failure, but the drivers negligence caused the crash. The Client did not require surgery and eventually returned to school and activities.
Settlement for Policy Limits

A Woman underwent gynecological surgery with plastic surgery abdominal repair at closure. After the surgery she was not prescribed the medication, Heparin, or compression stockings to protect against the development of Deep Vein Thrombosis. During the days following the procedure she began developing increasing leg pain which she reported to both the Plastic Surgeon, and her Gynecologist. Neither evaluated her or performed any diagnostic studies for Deep Vein Thrombosis, which is a recognized post-operative complication of surgery. Instead she was referred by her Gynecologist to see a Podiatrist, who also failed to consider or evaluate her for Deep Vein Thrombosis. She failed to be diagnosed and treated for the Deep Vein Thrombosis which resulted in her developing a pulmonary emboli which caused her death. The Wrongful Death Lawsuit was filed on behalf of the Decedent’s Family against the Gynecologist, the Plastic Surgeon and the Podiatrist.
Settlement

A Wife and Mother was suffering from back pain a went to a Chiropractor who performed a lumbar X-ray which also showed the lower thoracic vertebrae. The Chiropractor interpreted the x-ray and performed a physical exam from which he diagnosed a lumbar sprain and undertook treatment with physical therapy and manipulation. The x-ray was misinterpreted by the Chiropractor with his missing a clearly visible pathological compression fracture of the T-12 vertebrae. She had treatment for several weeks however her pain was increasing. She sought the help of a Second Chiropractor who also proceeded with therapy and manipulation to her lumbar spine. During the treatment with the Second Chiropractor over two weeks, including making house calls, she became progressively worse, with bowel and bladder incontinence, and paralysis of her legs. Neither Chiropractor ever referred her for further consultation to an Orthopedic Surgeon or Neurosurgeon, or for further diagnostic studies. She was finally taken by her husband to the Emergency Room of a local Hospital, where after diagnostic studies she was diagnosed with Metastatic Cancer of her spine, causing spinal compression at T-12, although at a stage beyond the point where surgical intervention or treatment could be effective. The Client had bone extensive cancer in her thoracic vertebrae which recurred from prior breast cancer, and she died just a few weeks after the Settlement.
Settlement at Mediation in Excess of Policy Limits

A young mother during childbirth of a healthy newborn, suffered an asthma attack while undergoing a C-Section. As a result of the failure of the medical team to properly respond emergently resulted in her death. The defense alleged death was as result of an amniotic fluid embolism. The Wrongful Death Claim was filed on behalf of the Decedent’s Family.
Settlement during Trial with Hospital, and Policy Limits of OB/GYN

A Husband and Father died following a misdiagnosis of a dissected aorta by a physician resulting in the delay of necessary surgery. The Wrongful Death Lawsuit was filed on behalf of the decedent’s Family against the treating physician. After extensive discovery the case went to Mediation.  A settlement was achieved for the family for the physicians medical malpractice insurance policy limits.
Settlement Before Trial For Policy Limits

The Client was an 8 year old boy who ran in front of a car on a bridge and was struck suffering a head injury. The defense alleged the child darted out and the driver had no time for evasive maneuver. A claim was also brought against the County EMS for the paramedics responding to the call, by failing to properly evaluate and treat the Client  causing a delay in essential and timely treatment of the brain injury suffered.
Settlement for Policy Limits with Driver, and with Emergency Medical Services

The Client was an infant that suffered injury during delivery when the Obstetrician improperly used forceps to pull the baby from the birth canal, which caused a skull fracture and a resulting brain injury. The Obstetrician was an Asst. Professor at a local medical school who moved from the area after the incident, and the Hospital was a public hospital which had Sovereign Immunity.
Settlement

A seven year old boy had surgery in a local hospital to remove a benign tumor from his ear. During the procedure, a syringe of epinephrine in an extremely high dose intended for topical use only, was mixed up with a syringe of lidocaine. The topical dose of epinephrine was injected into him causing cardiac arrest and after an hour and a half of resuscitation efforts he was pronounced dead from the medication overdose. The hospital stepped forward within weeks of the tragedy and admitted their error responsibility, and immediately entered into settlement negotiations which concluded with a significant Confidential Settlement for the family. The case was reported and featured in the New York Times Sunday Magazine, Florida Sunday Magazine, National News Programs, and was the lead case in the book “To Err is Human” published by the Institute of Medicine in Washington, D.C.
Settlement three weeks after incident

The Client was admitted to a local Community hospital to undergo elective surgery for the removal of his tonsils. The surgery was negligently performed by an ENT Surgeon,  and the Client suffered anoxic brain damage.
Settlement Before Trial For Policy Limits

The Client was a single man who sought evaluation at a local public Hospital Emergency Room, for hip pain and was told he a muscle strain. The Radiologist misread the x-ray which showed he had a cancerous tumor in his pelvis. The delay in diagnosis and timely surgical intervention resulted in his consequently undergoing a leg amputation at the hip. Settlement was reached with the Radiologist, with insurance coverage through his Radiology Group, and the Hospital which had Sovereign Immunity.
Settlement for Policy Limits, and Sovereign Immunity Damages Cap

Young female college graduate who was accepted to start law school, was out celebrating with friends at several bars the night before she was to leave for law school. After a night of drinking, she and her boyfriend were both intoxicated when she rode as a passenger in his vehicle. Her boyfriend made a u-turn on major roadway and their vehicle was struck by a vehicle driven by another intoxicated driver. The Client was killed on impact. The Wrongful Death claim was filed on behalf of her parents who were living in Saudi Arabia, against both drivers, and the corporation owned by the boyfriends father which owned the car.
Settlement at Mediation

A woman was admitted by an orthopedic surgeon to a local hospital for a minor procedure to her foot. During the preoperative evaluation it was determined that she had a history of coughing up blood, primary pulmonary hypertension, and a bleeding disorder. The internal medicine consultant order a liver biopsy which when performed caused extensive bleeding from the liver which could not be controlled resulting in her death. The Wrongful Death Claim was filed on behalf of the family.
Settlement at Mediation

The Client was a teenage boy who was undergoing orthodontics, was referred to his dentist for evaluation of an ankylosed tooth. The dentist failed to extract the ankylosed tooth to allow the orthodontics to progress appropriately. As a result of the failure of the orthodontics he had to undergo the necessity of maxillofacial surgery to correct the problems caused by the orthodontics.
Settlement

A man who went to the emergency room of a local hospital in severe pain for what was thought to be a kidney stone. An Intravenous Pyelogram (IVP) diagnostic study was performed which was misread by the radiologist. There was evidence of Chondrosarcoma cancer on the film that went undiagnosed and untreated as a result of the misread study, which resulted in the Client’s death. The Wrongful Death Claim was filed on behalf of the decedent’s family.
Settlement Before Trial for Policy Limits

The Client was bodybuilder who was a front seat passenger wearing a seatbelt in a rental car driven by a friend. The vehicle was involved in a collision when it rearended another vehicle, causing the Client to suffer orthopedic cervical and lumbar injuries. After extensive physical therapy he was still unable to return to bodybuilding. He had owned a gym in the past as well as a workout clothing line. His damages were presented by several Experts retained to testify as to the loss of the ability to utilize his bodybuilding career as a stepping stone to develop and market gyms and exercise equipment, workout clothes design and sales, modeling, Professional Wrestling, and acting.
Settlement at Mediation

A Husband and Father with Crohn’s disease on longterm steroid therapy developed a small bowel obstruction and underwent surgery by a General Surgeon. During the procedure a section of his small bowel was removed, and the sections of bowel were reconnected with sutures by a side to side anastomosis. Postoperatively he suffered excruciating pain, and a significantly elevated white blood count with a left shift in the differential indicative of an infectious process. On the fourth day after surgery he died as a result of the defect in the anastomosis allowing fecal matter to leak into his abdomen. He developed sepsis and peritonitis which went undiagnosed and untreated, causing his death in the hospital just four days after the surgery. The Wrongful Death Claim was filed against the Surgeon, the Attending Physicians, and the Hospital, on behalf of the decedent’s family.
Settlement at Mediation

The Client was Government Agent who underwent arthroscopic knee surgery at a prominent Medical School Hospital in Washington D.C.. During the surgery a scalpel blade broke leaving a small piece of the broken blade retained in his knee. The retained broken scalpel blade was discovered on subsequent knee x- ray by another orthopedic surgeon several months later, which thereafter was surgically removed..
Settlement After Mediation

The Client was undergoing C-Section and during after the delivery of her healthy newborn daughter, the abdomen was closed leaving a 4 x 4 gauze laparotomy sponge inside her. The sponge was discovered on an x-ray taken almost one year later when she sought treatment for abdominal pain/ The client consequently required to undergo surgery to remove the retained sponge and the section of her bowel to which the gauze pad was adhered..
Settlement

The Client underwent spinal fusion surgery by a Neurosurgeon at a local Hospital who performed the surgery at the wrong vertebral level as a result of misreading the x-ray and MRI films. The surgery had to be performed again to extend the spinal fusion to the correct vertebral level.
Settlement

The Client was a woman who underwent lumbar surgery for spinal stenosis by an Orthopedic Surgeon. Postoperatively she developed increased pain radiating down her legs. It was alleged that a different surgical procedure should have been performed. The Client as a result of the surgery suffered a worsening of her spinal condition with increased pain. The Client was afraid to have further corrective surgery.
Settlement at Mediation

A Teenage Boy was provided the wrong medication by the pharmacy department of a major drugstore chain that resulted in his death. The Wrongful Death Lawsuit was filed on behalf of of his surviving parents. After extensive discovery, the pharmacy’s insurance company settled the claim for $3,500,000.
Settlement

Female Client with cervical spine degeneration and spinal stenosis was admitted to a local hospital and was scheduled for spinal surgery. Two days prior to surgery while in the bathroom she fell to the floor which caused increased neck pain and neurological symptoms which were significantly worsening with severe limitations in movement of her extremities. She failed to be timely and properly evaluated after the fall, resulting in a delay in performing necessary decompression spinal surgery. Furthermore, and it was alleged that the neurosurgeon used an improper approach and technique during the surgery. The Client postoperatively suffered from partial paralysis.
Settlement at Mediation

A man was suffering from chest pain went to his primary care physician, who performed an EKG which he reported showed no change from a prior EKG. The Client was given nitroglycerin, referred to make an appointment with a cardiologist, and was sent home. The next day the Client suffered a Myocardial Infarction and died. It was alleged that the physician failed to properly evaluate the Client who was suffering a cardiac arrest. The physician also failed to properly interpret the EKG, and failed to send the Client to the Emergency Room. The Wrongful Death Lawsuit was filed on behalf of the family against the primary care physician. A settlement for the physicians malpractice insurance policy limits was obtained for the family.
Settlement For Policy Limits

A young wife and mother was seen at a local Hospital Emergency Room with severe chest congestion, coughing and fever which had become progressively worse over the prior weeks. An evaluation was performed by the Emergency room doctor who diagnosed an upper respiratory infection. The chest X-ray was abnormal, her white blood count and differential were abnormal, and she had abnormal arterial blood gases. She was sent home with a prescription for cough medicine and decongestants. At home her condition significantly worsened and the following day EMS and an ambulance had to be called to her home. She was unconscious and cyanotic and was taken to the Emergency Room again, where Emergency resuscitation efforts were attempted but failed and she died. An autopsy was performed which showed she had severe bilateral lobar pneumonia which had been present the day before when she was sent home from the Emergency Room. The Wrongful Death Lawsuit was filed on behalf of the family.  After discovery, the case went to Mediation before trial and a confidential settlement was reached for the Clients family.
Settlement at Mediation