Verdicts & Settlements
Medical Malpractice Cases:
Medical Malpractice/Misdiagnosis of Cancer: Death of a 51 year old husband as a result of surgeon not confirming that pathology of removed portion of colon showed clear margins and not all of cancer was removed. Cancer remained and progressed to terminal stage. Arbitration Award: $1,230,000.
Medical Malpractice/Federal Tort Claim/Misdiagnosis of Cancer: Death of a 54 year old husband as a result of a delay in diagnosing lymphoma at VA hospital in Miami-Dade. Settlement: $800,000.
Medical Malpractice/Misdiagnosis of Cancer: Death of a 51 year old wife as a result of radiologist’s failure to diagnose breast cancer on mammogram. Settlement: $800,000.
Medical Malpractice/Pulmonary Embolism: Male accident victim suffering quadriplegia from accident injuries is not properly assessed or treated at rehabilitation hospital despite exhibiting classic symptoms of impending pulmonary embolism. While nurses wait extensive period of time for call back from doctors, patient dies from pulmonary embolism. Settlement: $425,000.
Medical Malpractice/Pulmonary Embolism: Woman with prior history of mental problems presents to hospital with altered mental status and despondent. Placed in mental ward where she remains in bed and does not ambulate. She is not placed on deep vein thrombosis (DVT) profilaxis and develops saddle pulmonary embolism and dies. Settlement: $435,000.
Medical Malpractice/Failure to diagnose Breast Cancer: Gynecologist fails to appreciate significance of breast mass palpated during routine breast exam and fails to inform 49 year old woman of his finding. Stage IV breast cancer diagnosed 1 ½ years later on routine mammogram. Settlement before trial: $1, 295,000.
Medical Malpractice/Cataracts Surgery: Elderly man loses vision acuity after cataracts surgery: Settlement: $150,000.
Medical Malpractice/Nerve Damage: Elderly woman suffers peroneal nerve injury during hip surgery resulting in drop foot. Settlement: $130,000.
Medical Malpractice/Nerve Damage: Elderly woman suffers nerve injury to thumb during surgery to repair resulting in denervation of hand. Settlement: $125,000.
Construction Negligence/Accident Cases:
Construction Accident/Wrongful Death: Twenty four year old unmarried construction worker killed in Hollywood, Florida when struck by falling piece of crane equipment. Settled: $1,200,000.
Construction Accident/Electrocution: Construction worker on scaffold placing rebar into engine exhaust tower blocks at airport touches overhead power line with rebar and is thrown off the scaffold and to ground by the electrical charge suffering extensive fractures to both legs. Settlement:$640,000.
Negligent Security Cases:
Negligent Security/Shooting: A 17 year old male shot and rendered quadriplegic in Miami-Dade County during an attempt to steal his car while picking up his girl friend following a football game. Verdict: $12,200,000.
Negligent Security/Battery: Apartment dweller severly beaten and robbed as he tried to enter elevator to his apartment. Apartment building premises poorly maintained and poorly lit. Settlement: $225,000.
Premises Liability Cases:
Premises Liability/Negligent Cleanup: High school student runs from beach and dives into surf at beach during senior skip day and strikes debris remaining from the demolition of old pier rendering him incomplete quadriplegic. Demolition company files for bankruptcy and case proceeds against governmental entities. Settlement entered with City and a claims bill was prosecuted and passed by the Florida Legislature. Claims bill: $1,250,000. Settlement with USA: $50,000. Litigation pending with State.
Premises Liability: Airport worker killed when fell down elevator shaft while attempting to evacuate from elevator stuck between third and fourth floors due to improperly maintained door opening mechanism. Settlement with County prior to trial: $200,000. Verdict rendered against elevator company at trial: $450,000.
Premises Liability: Boy drowned in apartment complex pool when arm gets sucked into uncovered drain and traps him underwater. Insurance policy limits lost when insurance company fails and is taken over by Department of Insurance. Department of Insurance pays maximum allowed under law and owner contributes additional money to avoid bankruptcy. Settlement: $497,000.
Premises Liability/Negligent Maintenance: Vacationing woman tries to open window of hotel room and glass panel shatters cutting her hand and nerve. Settlement: $45,000.
Product Liability Cases:
Product Liability: Miami-Dade woman has her arm traumatically amputated after it is caught in malfunctioning washing machine at a laundromat. Verdict: $2,650,000 plus attorneys fees plus interest for total of $3,500,000.
Product Liability/Defective Design: Teenage passenger killed when automobile crashes into tree and shock absorber bracket punctures gas tank causing vehicle to become engulfed in flames. Settlement: $600,000.
Product Liability/Defective Design: Junk yard worker killed when attempting to mount a 16″ tire on an improperly designed and marked 16.5″ wheel and tire exploded. Settlement: $1,500,000.
Product Liability/Defective Bottle: Middle aged stock clerk suffers partial loss of vision when soda bottle explodes while handling. Settlement: $295,000.
Automobile Negligence Cases:
Automobile Negligence: Federal Tort Claims case against the United States of America for Department of Immigration & Naturalization’s negligence in rear ending a Miami Dade County Public Works vehicle and causing disc herniations requiring surgery and total incapacity to worker. Verdict: $876,000.
Automobile Negligence: Woman pedestrian walking behind shuttle van at airport run over by van when driver placed transmission in “Reverse” and exited van to pick up passengers’ luggage. Settlement: $705,000.
Automobile Negligence: Window installer with disabled truck on side of the road in Miami Dade County struck by tractor trailer of landscape company that veered of roadway causing internal injuries and femur fracture. Landscape company’s insurance policy limits were paid and company paid additional $200,000.00 and assigned rights against insurance agent. Settlement: $700,000.
Automobile Negligence: Pedestrian crossing the road to retrieve her dog hit by speeding motorist causing internal injuries and broken pelvic bone. Settled: $300,000 policy limits.
Automobile Negligence: Motorcyclist hit by turning vehicle that failed to yield right of way suffering broken femur. Settlement: $265,000.
Automobile Negligence: Motorcyclist hits debris dropped on roadway by dump truck that was traveling in front of him causing him to lose control and hit roadway suffering road rash and broken femur. Settlement: $260,000.
Complex Commercial Litigation Cases:
Complex Commercial Litigation/Patent Infringement: Orthopedic surgeon invents novel snap ring mechanism to disassemble bi-polar hip prosthesis implant and presents idea and drawings to two major medical products manufacturers under separate confidentiality contract. He is awarded a patent on his invention. Manufacturers secretly start developing and marketing a similar product incorporating his design and tells surgeon they are not interested in working with him. Verdict: $5,800,000.
Complex Commercial Litigation/Commercial loan default: Developer and his company defended in lawsuit on $2,500,000 commercial loan after default. Defense raised on failure of the bank to mitigate its own damages. Settlement: Bank accepted $900,000 paid over 6 months in full settlement and release of personal guaranty.
Aviation Liability Cases:
Aviation Liability/Pilot Error: TV news reporter suffers emotional distress when helicopter she is riding in suddenly falls to beach due to pilot error. Settlement: $45,000.
Admiralty/Cruise Line Liability: Young boy gets hand crushed in doorway when ship rocks and door swings freely to close due to broken closing mechanism. Settlement: $125,000.
Admiralty/Negligent Operation: Young wife suffers pelvic fracture while riding in pleasure boat when operator fails to reduce speed when hitting wake of another vessel. Settlement: $100,000.
Admiralty/Gas Explosion: Father suffers third degree burns to legs when propane gas line in sailboat leaks into bilge and ignites. Settlement: $65,000.
Admiralty/Jones Act: Seaman suffers neck and back injuries when he falls down stairs during fire drill exercise resulting from being issued boots that are too big for him. Settlement:$55,000.
Slip & Fall/Trip and Fall Cases:
Trip & Fall/Board on Floor: Middle aged woman trips on plywood board covering hole in sidewalk of department store parking lot and suffers rotator cuff tear requiring surgery. Settlement: $145,000.
Trip & Fall/Extension on Floor: Middle aged woman trips on electrical extension cord on floor of movie theater entrance and suffers incomplete rotator cuff tear requiring surgery. Settlement: $135,000.
Slip & Fall/Water on Floor: Elderly woman slips on puddle of water at supermarket checkout lane and suffers incomplete rotator cuff tear not requiring surgery. Settlement: $90,000.
Trip & Fall/Loose bricks: Elderly woman trips on loose brick at outside mall and suffers incomplete rotator cuff tear not requiring surgery. Settlement: $65,000
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