Verdicts & Settlements
$7 million structured payment for lead poisoning
brain injury to a child due to lead-based paint that was peeling and
chipping in a Manhattan apartment. Injury to the developing brain of a
very young child caused Attention Deficit Disorder, loss of I.Q. points,
learning disabilities and hospitalization to remove lead from the
child’s blood. The child took Ritalin for ADD. This was a structured
settlement with payments for life with a guaranteed minimum of $2.5
million. If the child lives to his full life expectancy, he would
receive over $7 million. Present value was $1.2 million.
$5 million guaranteed structured payment for a child
who suffered brain damage at the age of two months when, after surgery
due to premature birth, her breathing tube came out and her brain was
deprived of oxygen. The structured settlement for this permanently
disabled child provided funds for wheelchair access home alteration and
vehicle; payments for life of $23,000 per month and additional monthly
payments with 20 years guaranteed in the event of premature death.
Present value was $3,750,000.
$800,000 for two children who suffered lead
poisoning causing learning disabilities while living in a city-owned
apartment building which the New York City Housing Preservation and
Development agency managed and failed to renovate. This case was
complicated by the fact that the children were born prematurely and the
mother used drugs during pregnancy and the defendants claimed this was
the cause of the childrens’ disabilities. However we were able to show
through our expert neuropsychologist that the childrens’ disabilities
were the type caused lead poisoning.
$730,000 for a child who was found to have lead
poisoning at the age of five. After lead-based paint was discovered, the
landlord used an unqualified contractor to remove the lead and this
caused the child’s lead level to go up. This was a structured settlement
which provided a college fund, lump sum and monthly payments. Present
value was $375,000.
$575,000 for a Bronx construction worker who
sustained a herniated disk in his neck, closed head injury and temporary
memory loss at a demolition and remodeling job. The injury when the
plaintiff was struck on the head by a support beam that fell through a
sheetrock ceiling from the floor above where he was working. The case
was resolved at mediation with both the building owner and general
contractor contributing to the recovery.
$550,000 for a 56-year-old Bronx delivery truck
driver whose vehicle as rear-ended by an 18-wheel tractor trailer on the
Long Island Expressway. The defendant tractor trailer claimed our client
stopped short causing the accident. However, we obtained independent
witness statements indicating that this accident took place in typical
LIE stop and go traffic conditions for which the defendant was driving
too fast. The client suffered injuries to his neck and back and was
never able to return to work.
$470,000 for a 49 year old Queens woman was a
passenger in her husband’s vehicle when it was rear-ended by a yellow
cab. She suffered a concussion with memory loss and depression and an
aggravation of a migraine headache condition. Despite extensive
treatment by a Neurologist, Psychiatrist and a Psychologist, she was
unable to continue working. In addition, her husband suffered a loss of
consortium. This was a two-part settlement with $100,000 paid by the
taxi cab’s insurance company and $370,000 paid by the client’s
Supplement Underinsured Motorist’s coverage. This case illustrates why
it is a good idea to carry SUM coverage on your vehicle.
$400,000 for a laborer who sustained 3rd degree
burns on his arms, legs and torso when a crack sealer machine splashed
hot asphalt on him due to a malfunction. We brought a product liability
suit against the manufacturer and the equipment leasing company which
owned the machine and rented it to our client’s employer.
$375,000 for a Nassau County woman who suffered a
fractured arm in a single car rollover accident. The client required an
open reduction internal fixation (implantation of metal plates and
screws) surgery to repair her arm. Even though our client was a
passenger in an uninsured vehicle, we were able to recover money for her
from the New Jersey used car dealership that wrongly issued temporary
license plates for the vehicle without first confirming insurance
coverage.
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