Our 65 year-old client presented to his local emergency room with extremely high blood pressure and a recent history that was consistent with possibly having had a mini-stroke(s). In spite of his numerous other risk factors and his still elevated blood pressure, he was released from the emergency room only to suffer a stroke the next day resulting in neurological deficits. The case was settled for a confidential amount.
Blog: Thoughts on Law and Life
$1.3 Million Failure to Diagnose Tendon Injury
Written by admin on September 19, 2013
Our client was a 62 year-old supermarket chef, who presented to an emergency room after cutting his hand at work. After noting that his hand and fingers had “full range of motion,” the wounds were sutured. Weeks later a hand specialist discovered that our client had sustained a torn extensor tendon to the middle finger and was now unable to open that finger. Even after surgery to reconnect the tendon, complications ensued and our client was unable to return to work. At trial, in Supreme Court, New York County, the hospital’s lawyers noted that the possibility of a tendon injury had been ruled out by the physical exam, which showed “full range of motion”. However, our expert explained that the hand contains a band of fiber known as the juncturae tendinum, which can permit motion to a finger even after a tendon has been cut because of its connection to the other fingers. We successfully argued that the standard of care required further testing before ruling out a tendon injury. The jury returned a verdict in favor of our client for $1,278,000.
$2,750,000 Untreated Asthma
Written by Michael Eidman on December 19, 2025
40 year-old real estate broker died in emergency room after presenting with complaints of chest pain and shortness of breath. The autopsy concluded that the primary cause of death was an asthma attack, which was not treated. Case settled at jury selection for $2,750,000.
$3 Million Post-Surgical Complications
Written by Michael Eidman on September 9, 2013
42 year-old woman underwent gynecological surgery resulting in numerous complications requiring multiple additional surgeries and resulting in her death 28 months later. Case settled at mediation for $3 million.
$4.1 Million for Birth Trauma
Written by admin on September 19, 2013
Our client was a nurse who became a gestational diabetic while she was pregnant. Her pre-natal obstetrition failed to complete the testing for gestational diabetes and consequently did not treat plaintiff for same. After she went into labor, the fetal monitor showed signs that the baby was under distress, which usually means that the baby is not receiving sufficient amounts of oxygen and requires caesarian section. This situation was not addressed in a timely manner and our client’s son was born with a birth weight of nearly 12 lbs and was later diagnosed with mild mental retardation and attention deficit disorder. A suit was brought against the pre-natal physician for not diagnosing and treating the gestational diabetes and against the delivery physician and hospital for not addressing the signs of fetal distress in a timely manner. After a pre-trial settlement of $1.5 million with two defendants, the case proceeded to trial against the remaining defendant in Supreme Court, Kings County. The trial resulted in a $4,096,900 jury verdict although the Appellate Division reversed the verdict against the pre-natal physician.