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Plaintiff Case Results

Auto Accidents Results

Davis v. Sherman, substantial settlement obtained in this head on collision on behalf of injured passenger as a result of Attorney Fitzgerald’s persistence in the investigation of this unexplained accident which revealed the presence of a third driver engaged in a speed race with the other driver.

Day v. White, achieved substantial settlement, after jury selection in case involving back injuries to plaintiff in three separate auto accidents with General Motors Acceptance Corp paying the substantial amount.

Myles v. Searight, achieved substantial settlement on behalf of passenger injured during high speed chase.

Medical Malpractice Results

Jane Doe v. Family Practice Physician, substantial seven figure settlement on behalf of the family of an individual who was injured after failing to seek appropriate treatment when his family care physician failed to inform him of his condition evidenced by his complaints and blood test results.

Jane Doe v. Dr. Podiatrist X, substantial settlement on behalf of woman who sustained disability and disfigurement of foot due to negligent performance of bunionectomy by podiatrist.

John Doe v. Dentist X, substantial settlement on behalf of nine year old whose dentist mistakenly pulled two adult front teeth instead of baby teeth.

Jane Doe v. Dr. X Surgeon, substantial settlement on behalf of 60 year old plus woman who sustained injury and dysfunction to wrist and hand as a result of medical malpractice during surgery to reposition ulnar nerve.

John Doe v. Dr. X Urologist, substantial settlement on behalf of young man for failure to diagnose and surgically treat torsion of the testes and loss of testicle.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of the Estate of a deceased man who died for failure of his primary care doctor to properly diagnose and treat heart disease.

Estate of John Doe v. Dr. X Orthopedic Surgeon, substantial settlement on behalf of Estate of deceased man for failure of doctor’s office to appropriately respond to phone call of decedent complaining of chest pain – decedent died of pulmonary embolism next day.

Estate of John Doe v. Hospital X, substantial settlement on behalf of Estate of patient who died because medical staff’s failure to diagnose internal bleeding following surgery.

John Doe v. Radiologist X, substantial settlement on behalf of young man for disability of wrist as a result of undiagnosed wrist fracture by radiologist.

Jane Doe v. Hospital X and Dr. OBGYN, substantial settlement on behalf of young woman who had to endure attempted abortion procedure which was cancelled when determined that she was more than 24 weeks pregnant – patient had to then continue on with pregnancy and give birth to a still born baby.

Jane Doe v. Hospital X Emergency Room, substantial settlement on behalf of developmentally disabled young lady who suffered from complication (peritonitis) from undiagnosed burst appendix.

Estate of John Doe v. Hospital X and Surgeons, substantial settlement on behalf of Estate of patient who died of complications of post-operative bleeding which was not diagnosed.

John Doe v. Dr. X Surgeon, substantial settlement on behalf of patient for complications as a result of surgical lap pack left in abdomen during surgery.

Estate of John Doe v. Hospital X and Drs. Anesthesiologists, substantial settlement on behalf of the Estate of elderly man who died as a result of failure to timely intubate as a result of failure to diagnose bleeding in the neck post-surgery.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of patient hospitalized for pneumonia and wrongfully given pure water for rehydration which caused red blood cells to explode and death.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of young man who presented with chest pain and a family history of coronary artery disease and death because his primary care doctor failed to diagnose coronary artery disease and blocked arteries to the heart.

John Doe v. Dr. X Orthopedist, substantial settlement on behalf of post-operative patient for failure of orthopedist’s office to refer him to emergency room when he called complaining of post-operative chest pain – failure to diagnose pulmonary embolism.

Estate of John Doe v. Dr. X General Practitioner, substantial settlement on behalf of Estate of patient who died from heart attack because his doctor failed to appropriately monitor and treat coronary heart disease.

Estate of John Doe v. Hospital X Pharmacy, substantial settlement on behalf of Estate of man who was brain damaged from brain bleed caused by overdose of blood thinner Caumadin.

Jane Doe v. Dr. OBGYN, substantial settlement on behalf of middle-aged woman whose urethra was cut and damaged during surgery to remove a lower abdominal abscess.

Jane Doe. v. Dr. Radiologist, substantial settlement on behalf of patient for complications resulting from undiagnosed ankle fracture.

Jane Doe v. Dr. X, substantial settlement on behalf of young woman who sustained significant complications as a result of common bile duct injury sustained during laparoscopic gallbladder surgery.

Jane Doe v. Hospital X Emergency Room, substantial settlement on behalf of a young woman who experienced complications as a result of failure to diagnose burst appendix.

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of infant who sustained brachial plexus injury and consequent shoulder dysfunction because of failure of doctor, during infant’s delivery, of appropriately diagnosing and treating shoulder dystocia (baby’s shoulder impacted in the birth canal during the delivery).

John Doe, an Infant v. Dr. OBGYN, substantial settlement on behalf of an infant because of complications experienced by reason of pediatrician’s failure to diagnose enlarged skull and deformity of skull (sagittal synostosis, failure of skull bones to grow and fuse correctly) during the first three months of life.

Jane Doe, v. Dr. Vascular Surgeon X, substantial settlement on behalf of 50 year old woman whose lower arm was significantly damaged by reason of undiagnosed and untreated compartment syndrome caused by failure of vascular surgeon to diagnose and treat a blocked brachial artery following catheterization.

Estate of John Doe v. Dr. Cardiologist X, substantial settlement on behalf of Estate of patient whose heart stopped following tachycardia caused by cardiologist’s negligent change in patient’s anti arrhythmic medication.

Jane Doe v. Dr. Plastic Surgeon X, substantial settlement on behalf of young woman whose right breast was disfigured by plastic surgeon during breast reduction surgery.

Jane Doe v. Dr. Plastic Surgeon X, substantial settlement on behalf of middle-aged woman whose breasts were distorted following breast reduction surgery by plastic surgeon.

Estate of John Doe v. Dr. X, substantial settlement on behalf of Estate of a woman who died of heart attack after lower back surgery because of failure of doctors to diagnose heart disease.

John Doe v. Hospital X, substantial settlement for client who developed compartment syndrome in left arm during surgery because of negligent placement of an IV.

Jane Doe v. Dr. Ophthalmologist, substantial settlement on behalf of elderly woman who became blind in one eye because of failure of ophthalmologist to perform iridectomy during cataract surgery.

John Doe v. United States, successfully prosecuted this case in the United States Court of Federal Claims on behalf of client who suffered adverse reaction and neurological injury from a measles, mumps and rubella vaccination in connection with his starting employment as a nurse.

Nursing Home Abuse and Neglect Results

Estate of Mr. Doe v. Nursing Home X, substantial settlement on behalf of Estate of nursing home resident who fell and broke hip.

Estate of Mrs. Doe v. Nursing Home X, substantial settlement on behalf of Estate of nursing home resident who fell and broke femur and wrist.

Estate of Mrs. Doe v. Nursing Home X, substantial settlement on behalf of Estate of nursing home resident who fell and broke wrist.

Estate of Mr. Doe v. Nursing Home X, substantial settlement on behalf of nursing home resident who fell and fractured hip.

Estate of Mr. Doe v. Acute Care Hospital X, substantial settlement on behalf of Estate of nursing home resident who died of complications from bleeding in the brain due to failure of nursing home to monitor Coumadin levels.

Premises Liability Results

Wagner v. Ploch, substantial settlement against owner of bar for dangerous hole in the floor behind bar resulting in lis franc fracture of the foot.

Amato v. Preischel, substantial settlement on behalf of plaintiff with rotator cuff injury as a result of slip and fall on snow and ice.

Nowak v. Mitchell’s, substantial settlement for client who sustained fractured humerus when she fell because of broken sidewalk.

Porpora v. Conrail, substantial settlement after full jury trial and summation in Southern District of New York on behalf of injured railroad worker who slipped on stones in railroad bed while climbing on to engine.

Products Liability Results

Earsing v. Service Merchandise, substantial settlement on behalf of infant plaintiff for loss of eye when shot in eye with BB gun. First case in New York State to hold seller of BB’s liable by establishing a private right of action against the seller of BB’s to a person under the age of 16 which is prohibited under New York law.

Day v. Ford Motor Company, achieved substantial settlement against Ford Motor Company for defective seat to floor latches (products liability).

Felschow v. Kentucky Rebuild Corp, substantial settlement on behalf of plaintiff who lost several fingers in stamping machine. Established stamping machine product liability.

F.N. Burt Co v. Press Ink Manufacturer, substantial settlement against press ink manufacturer which caused delamination of printed boxes spoiling million-dollar order.

Piotrowski v. Medtronic, substantial settlement on behalf of post-operative back surgery patient who experienced complications as a result of defective pedicle screw which fractured post-surgery.