NY Daily News – EXCLUSIVE: Landscaper awarded $4M in medical misdiagnosis case

Written by Lawyers With An Edge on . Posted in Cases, Featured.

withclientmisdiagnosis

An upstate man has been awarded almost $4 million after a top neurologist had him undergo four years of agonizing treatments for a condition he didn’t have, the Daily News has learned.

Robert Wyble, 42, of Pine Island, Orange County, says he had his chest sawed open to remove his thymus gland, underwent biweekly blood treatments and was put on medication that caused him to gain 80 pounds and get hypertension — all because he’d been misdiagnosed as having a potentially fatal condition, myasthenia gravis.

Read more: NY Daily News

Bus Pedestrian Accident Lawyers New York Secure $6.78 Million Verdict

Written by Lawyers With An Edge on . Posted in CAR ACCIDENTS, Cases, Featured.

Bus Pedestrian Accident Lawyers New York Secure $6.78 Million Verdict

After a church service at the First Calvary Baptist Church on 148th Street, Mrs. Lewis and her son Ernest were on their way home. They were trying to catch the BX19 bus at 145th Street at the Convent Ave. bus stop. As Ernest was running alongside the bus, he began hitting the side, which was not moving, to alert the driver of their presence. As he got in front of the middle wheels of this 60-foot-long articulating bus, he tripped, and his legs fell under the bus. An eyewitness, Alphonza Elliott, testified at the trial that it was just about the time the child fell that the driver started the bus. The middle tire rode over his legs. Police officers called to the scene noted a tire tread impression on his leg.

The driver claimed that he knew the child was running for the bus but didn’t see him when he was near the middle and pulled into the intersection. He glanced at his right-side mirror, saw a shadow on the ground, and stopped the bus in the middle of the intersection to investigate. He found Ernest behind the middle tire. There was a lot of blood. He called the TA from the phone on his bus, while the eye witness called 911 on his cell phone.

Suing Severe Injury's Manhattan and Bronx Surface Transit Operating Authority

 

On Thursday evening, March 3, 2011, a New York County jury reached a verdict in the case of Ernest Lewis when as a child with his mother Brenda Lewis, against the Manhattan and Bronx Surface Transit Operating Authority, MABSTOA, and Courtney Thompson, Index no. 101833/07. The four-man, two-woman jury awarded the 13-year-old (now 27) plaintiff $6,783,202.90 for being run over by the BX19 bus at 145th Street and Convent Avenue on November 19, 2005.

Ernest sustained a significant degloving injury to his right lower leg tearing off skin, muscle, and tendons and exposing the bones, fracture of the distal fibula, avulsion of the distal tibia, and a fracture of the left calcaneus. Ernest was taken to Columbia Presbyterian Hospital, where skilled trauma specialists treated him for 3 1/2 weeks, saving his leg. He was taken to the OR on 8 separate occasions for the placement of pins and an external fixator to hold the fractured fibula in place, placement of a rod in the fibula (permanent) to align the bone fragments, a syndesmotic screw to realign the spacing between the tibia and fibula and an 8 1/2 hour surgery to harvest muscle from his abdomen to transplant into his leg and to harvest skin from his thigh to graft over the transplanted muscle. He also had a cast on his left foot. After 3 1/ 2 weeks at Children’s hospital, he was transferred to St. Mary’s Rehabilitation Hospital in Ossining, New York, on December 15, 2005. He remained there until February 24, 2006, making periodic visits to his doctors at Presbyterian. The cast on the left leg was removed on January 5, 2006, and the external fixator was removed on February 14, 2006.

 

To Rebuild A Future, Going To Trial To Prove Negligence And Receive Compensation

The trial, which started on February 22, 2011, before Justice Geoffrey Wright in Supreme Court, New York County, in the evening, ending in a jury verdict. The jury awarded Ernest $2,500,000.00 for past pain and suffering, $283,202.09 for past medical expenses, and $4,000,000 over ten years for future pain and suffering.

He continued to receive nursing care and physical therapy at home until May 2006, when he finally returned to his 8th-grade class at St. Dominic’s School. Ernest is presently in his freshman year at Berkley College in Manhattan, expecting to earn a degree in business in four years. Ernest and Mrs. Lewis were represented by Richard A. Gurfein, Esq. of Gurfein Douglas LLP in Manhattan. The Transit Authority and the other defendants were represented by Lynne Troy Henderson, Esq. of Wallace Gossett’s office.

Comment: The Bus Operator knew the child was alongside his bus. He should only have moved the bus once the child left the danger zone.

Best Bus Accident Lawyers in New York

Lawyers with an Edge Proving Negligence in Motor Vehicle Accidents

At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. Richard Gurfein and Preston Douglas are the Lawyers With An Edge.

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HANDS CRUSHED IN RECORD PRESS

Written by Lawyers With An Edge on . Posted in CAR ACCIDENTS, Cases.

$1,500,000 Product Liability Verdict Hands Crushed in Record Press

$1,500,000 verdict in Federal Court in New York for a woman whose hand and wrist was crushed in a record press that made vinyl LP records.

This 35-year-old woman used a hydraulic and steam press to make LP records. Her job required her to place a paper label on the bottom plate, cover it with a “coil” of warm, soft vinyl and place another paper label on top. It was known that air currents sometimes dislodged the top label, so the worker might have to adjust it after the cycle was started.

A single electric eye beam across the opening would stop the press if someone’s hand were in danger as the press was closing. This beam consisting of a light source on one side and a receiver on the other, was attached to the machine with simple hose clamps. The clamps frequently loosened and would shift position. They could also be moved to the bottom of the rod they were attached to so they wouldn’t operate.

At the time of the accident, the worker had placed her hand back into the machine to adjust the top label, but the electric beam was at the bottom of the opening, affording her no protection at all. This design was too easy to bypass, which made the machine defective. The plaintiff, the mother of 5 children, lost her hand at the wrist and wore a “claw” prosthesis on her left arm

NYC Defective Machinery Lawyers With An Edge

If you are injured on the job, get your injury treated for damage right away. You then should file a workers’ compensation claim with your employer. This will ensure you receive compensation for your medical expenses. This can also help compensate you if you cannot work after the accident. 

Workers’ compensation is not designed to cover losses such as permanent injuries,  pain, suffering, disfigurement, or lost earning capacity. Gurfein Douglas can aid you if you have a severe personal injury and determine if you can file a lawsuit against a third party whose negligence caused your accident and injuries. If you’ve had an injury on the job by a piece of machinery or equipment, a third-party lawsuit against the manufacturer of the defective machinery to receive compensation for injuries, damages, and losses. This was the case in the defective Record Press design. This case was filed in Federal Court since the machine was manufactured in a different state. This claim can be filed in addition to receiving workers’ compensation benefits. Therefore, a third-party injury lawsuit involving negligence requires the worker to prove:

  • The third-party owed them a duty of care
  • The third-party breached the duty of care by failing to act with reasonable care
  • The breach of duty was the direct and proximate cause of the work injuries
  • The employee sustained damages because of the breach of duty by the third-party

 

An Edge In Presenting Evidence For Defective Machinery Lawsuit

Gurfein Douglas uses their background in engineering to prove negligence by understanding the circumstance and providing evidence: 

  • Manufacturing defect: The equipment that injured you may have been manufactured in a way that varies from its original design and increases the danger to the operator or others. 
  • Design defect: The machinery may have been designed to make the device intrinsically dangerous. 
  • Failure to warn: When products pose certain dangers, manufacturers must warn users so they can take the necessary precautions to prevent injury. When they fail to warn about these dangers, manufacturers could be liable for any injuries, damages, and losses caused by defective machinery that has caused severe workplace injury.

 Gurfein Douglas will be able to help determine whether you have a third-party lawsuit against the manufacturer of the defective machinery or equipment and represent you in court on a contingency basis.

 

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Richard Gurfein and Preston Douglas Are Lawyers with an Edge

At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. Richard Gurfein and Preston Douglas are the Lawyers With An Edge.

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BIRTH INJURY LAWYERS NYC

Written by Lawyers With An Edge on . Posted in Cases.

NYC Medical Malpractice Lawyers Negotiate $3,990,000 settlement

$3,990,000 settlement for a 3-year boy because the doctors and nurses gave too much IV fluid and caused the child to have seizures and hemorrhages in the brain.

This child had normal delivery and standard APGAR scores when he was born. A few hours later, the nurses detected he had low blood sugar. To correct this condition, the doctors put him on Intravenous fluids with dextrose (sugar). Unfortunately, because his sugar level never stabilized, the residents kept increasing the flow rate of the IV to get more dextrose into him. They should have just increased the concentration of dextrose in the IV rather than giving it faster. This newborn could not handle so much fluid in his system and couldn’t urinate enough to keep up with what they were putting in through the IV. As a result, his blood became diluted with too much fluid, and the sodium (salt) in his blood got diluted to a dangerously low level.

Warning signs that he was “waterlogged” and in a very dangerous position weren’t recognized, and this three-day-old child, without enough salt in his body to protect his organs, went into seizures and suffered bleeding in the brain, causing permanent brain damage. The settlement was structured to provide funds to care for him as a child and provide him with a lifetime income as an adult.

 

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A BRONX GRANDMOTHER AWARDED $110.6 MILLION IN A MALPRACTICE LAWSUIT

Written by Lawyers With An Edge on . Posted in Cases, Featured.

A Bronx Grandmother Awarded $110.6 Million In A Medical Malpractice Lawsuit

 

Keimoneia Redish is pictured inside her Bronx apartment on Saturday. (Gregg Vigliotti/for New York Daily News)

In an article reported by the New York Daily News By Cathy Burke Apr 13, 2019

The Grandmother sued St. Barnabas Hospital and the team of doctors who treated her during her 2010 asthma attack that triggered a massive brain injury. In a jury verdict in Bronx Supreme Court Keimoneia Redish, 48, decided in favor of the mother of five sons and one grandchild. Richard Gurfein of Gurfein Douglas argued doctors failed to consider transferring her to nearby facilities with ECMO (extracorporeal membrane oxygenation) able to remove the build-up of carbon dioxide in her brain and could prevent injury to her brain and swelling caused by the buildup of carbon dioxide.”

After her stays of over 300 days in the hospital or nursing home. She now uses a wheelchair with profound motor disabilities and slurred speech. She has to be cared for full-time by her partner and former chef. “She was an amazing mom, the vice president of the PTA,” Gurfein said. “She was the center of the family.” She deserves this 110.6 million award to help her maintain her care and compensate her for some of the tremendous sufferings she has endured. Read the full story with additional pictures in the New York Daily News.

What Makes Gurfein Douglas The Best NYC Medical Malpractice Lawyers?

At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. Developing the theory of the case and understanding the medical details and standard of care resulted in this case record and just outcome. In the video, learn more about why Richard Gurfein and Preston Douglas are the Lawyers With An Edge. If you feel, the negligence of a doctor or hospital has severely injured you.

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