Representative Cases
Below you will find a sampling of some of the cases we have taken on over the years and some of the verdicts we have won for those clients. These cases are presented as examples of the work we perform and offer an idea of the level of our experience. Every case is unique, and past performance cannot guarantee future results. Verdicts are won through meticulous case preparation and previous experience.
- Medical Malpractice
- Dog Attacks
- Premises Liability
- Civil Rights Violation
- Commercial Real Estate Litigation
Medical Malpractice
Medical / hospital malpractice - birth injury brain damage - cerebral palsy
The infant was born to a 24 year old woman; first pregnancy. Prenatal care was provided at a city hospital. At 38 weeks into the pregnancy clinical signs of a possible problem surfaced. Proper testing was not done. The onset of labor signs of possible fetal distress were ignored. The infant was born in respiratory distress, and he was later determined to be mentally retarded and suffered from cerebral palsy. The case settled $3.5 million paid in a structured settlement. Total guaranteed payments are $7,677,444.00.
Medical malpractice - orthopedic surgical malpractice
Following an automobile accident that caused extensive and serious fractures to the plaintiff's femur, knee, tibia and fibula, ankle and foot, plaintiff underwent several surgeries. Defendant performed two operative procedures to try to set the ankle fractures, both of which failed. During the course of treatment the plaintiff developed complaints in her foot. Defendant failed to recognize and treat a developing reflex dystrophy syndrome, (RSD) a condition which is an extremely painful. His negligence caused a worsening of the condition which became permanent. Verdict awarded: $4.2 million.
Medical malpractice action - obstetrics
The gynecologist failed to test the pregnant plaintiff for the HIV despite her having known risk factors for the disease. The HIV was not timely diagnosed. As a result the infant was not treated for HIV in utero, which may have cured the cured. Settlement on trial 1.5 million dollars, which was placed in a structured settlement, total guaranteed payments on the settlement was $2,204,028.
Medical/hospital malpractice - birth trauma – Erp palsy
During the course of a normal vaginal delivery the infant's shoulder got caught in the birth canal. Instead of utilizing proper techniques to deliver the shoulder without trauma the defendant used excessive force in delivering the head causing a tearing injury to the brachial plexus collection of nerves and shoulder and neck causing a nerve injury known as Erp palsy. Fortunately for the infant the condition was mild presenting minimal functional disability. The settlement was $650,000.
Medical malpractice / death of infants
The plaintiff went into early labor. Plaintiff was hospitalized to attempt to stop contractions and delay the onset of labor and delivery. During the course of the labor and delivery a nurse failed to wash his hands after having used latex gloves. The plaintiff had a known latex allergy. The plaintiff was exposed to the latex and went into anaphylactic shock. The anaphylactic shock caused the renewal of contractions. The hospital bed then broke, nearly throwing the plaintiff to the floor the shock of which caused accelerated the labor which could not then be stopped. As a result the plaintiff went into labor and delivered two children who did not survive an hour. Case settled during trial for $550,000.00
Medical / hospital malpractice action - gynecology - wrongful death
Plaintiff went to her gynecologist for pelvic pain. The defendant performed an exploratory abdominal / pelvic surgery (open laparotomy). The doctor did not treat abdominal adhesions or call in an expert. The patient developed a mechanical bowel obstruction. The gynecologist failed to diagnose developing mechanical bowel obstruction and timely treat or refer to gastrointestinal surgeon, resulting in death. Mrs. K was survived by her husband and adult son. Verdict on trial: $1,922,000.00.
Medical malpractice - plastic surgery - wrongful death action
The decedent, a woman in her 60s, went to a plastic surgeon for abdominal liposuction. She developed a deep wound infection which was not properly or timely treated by the plastic surgeon resulting in her death. The decedent was survived by two grown children. The case settled on trial for $750,000.
Medical malpractice - orthopedic surgical malpractice
Malpractice action against Queens Orthopedic surgeon for an Undiagnosed fracture of the hip during a total hip replacement requiring additional operations. Settled on trial for $650,000.
Medical malpractice – plastic surgery – wrongful death
The decedent, a woman in her early 70s, went to a plastic surgeon for a blepharoplasty, an eyelid lift. The procedure was done in the doctor’s office. During the post operative recovery period the decedent developed a pulmonary embolism, despite complaints was discharged from the doctor’s office. The decedent expired within an hour of leaving the doctors office. Settlement while awaiting verdict: $650,000.00
Medical malpractice action – failure to diagnosis cancer - wrongful death
A woman in her late 50s observed a palpable mass in her breast which was confirmed by a mammogram and sonogram. She was sent for a surgical biopsy which showed “atypical cells.” Although suspicious for malignancy, this was not reported to the patient, nor was an excision biopsy performed. There was a 6-month delay in diagnosis and treatment. By then, unfortunately, the cancer had metastasized, which led to the Mrs. G’s death. Settlement on trial: $750,000.
Medical Malpractice – Failure to diagnosis cancer – wrongful death
Woman in her late 60’s went to her family practitioner with complaints of back pain by the shoulder blades. The doctor failed to order diagnostic tests such as x-rays and CT scans. A tumor in her thoracic spine (mid spine) was undiagnosed. When discovered 11 months later the tumor was inoperable. Mrs. C succumbed to disease 2 years later. Settled on trial: $650,000.00.
Hospital malpractice – emergency room pediatrics
An 11-year-old girl went to the hospital emergency room with complaints of fever, constipation and diffuse abdominal pain. On examination there was tenderness on palpation of the abdomen and some abdominal distention. X-rays and cat scans were not ordered. The child was sent home with a laxative. As a result the inflamed appendix bursts causing peritonitis. The infant needed an operation and more extensive hospital stay. Early settlement: $425,000.
Nursing home malpractice – geriatric care
A patient in her 80s presented to her doctor complaints of a slowly healing ulcer on her leg. Conservative wound care was not helping. The physician correctly considered vascular and circulatory problems. During the course of his evaluation the physician discovered an incidental finding of an abdominal aneurysm which could be fatal. The physician performed a femoral bypass procedure. The patient was put into a rehabilitation facility to recover strength to have vascular procedures performed on her legs to improve circulation. During the course of the stay at the rehabilitation facility, the patient's daughter, a nurse, observed a worsening decubitus, skin ulcer. Despite complaints, that facility did not treat the ulcer or transfer the patient back to the hospital. As a result, the ulcer became a grade 4, decubitus ulcer, through to the bone, which eventually resulted in the amputation of the limb. The settlement on trial: $1.2 million.
Dog Attacks
It can be a harrowing experience to be attacked by a dog, especially if you are alone or are fearful of dogs with no help available. One of PAFSS' clients found herself in this position while walking her own dog when she was approached and menaced by a dog known in the community to be aggressive and had attacked people and other dogs in the neighborhood on previous occasions.
While our client tried to get away, she became tangled in her own dogs leash and fell fracturing her hip. The defendants denied that the dog had vicious propensities and the matter proceeded through discovery. As a result of the fractured hip, the client had an open reduction with internal fixation of the hip, but eventually needed a total hip replacement. Richard Apat after taking all the defendants depositions and proving that the dog did have dangerous propensity was able to obtain a $750,000 settlement before trial.
In handling cases such as this, a thorough investigation must be done of the propensities of the dog; witnesses and neighbors need to be spoken to the mailmen or even the local legislator. PAFSS has extensive experience handling dog attack cases. If you or someone you love is ever injured by a dog, you should consult with counsel right away in order to ensure an early and thorough investigation is conducted.
Product Liability
The infant plaintiff sustained chemical burns to her esophagus as a result of the landlord of the apartment building clearing a clogged drain in the tub using a professional grade sulfuric acid drain cleaner. The sulfuric acid drain cleaner was not sufficiently flushed from the drain pipe, so that when a bath was drawn for the child sulfuric acid diluted into the bath water, and when swallowed by the infant during a bath caused burns to her esophagus. An action was brought against the landlord for negligently using the product, against the store, for negligently selling the product to a non professional consumer, and against the manufacturer and distributor for producing and selling an inherently dangerous product to consumers, and failing to properly and safely label the product. This case involved a novel theory of liability, which had to survive multiple motions to dismiss and an appeal. The case was settled on trial for over $3,300,000.00 (structured settlement).
Premises Liability - rape in school
The plaintiff, a student in a major metropolitan university, entering an administration building, needed to be buzzed in. She went to the bathroom where she was assaulted and raped. She was able to prove that the locks had been removed from the bathroom and not timely replaced. Settlement while awaiting verdict: $550,000.00
Civil Rights Violation
Violation of civil rights / excessive force
The plaintiff, a livery car driver, was stopped as part of a TLC enforcement operation. During the course of this stop, TLC officers repeatedly struck the plaintiff's vehicle with their batons. Plaintiff fled the scene to a local police precinct seeking protection, where he was again assaulted by TLC officers and then arrested. The case was significant for protracted and extensive motion practice in order to compel the city of New York to provide discovery and the depositions necessary to win the case. An appeal to the Appellate Division Second Department was made which, plaintiff won, expanding the doctrine of "special duty.” Verdict: $2.9 million in compensatory and punitive damages.
Commercial Real Estate Litigation
Commercial / Real Estate Litigation
Plaintiff entered into a contract to purchase commercial real property from the defendant for $2.9 million. Defendant sought to cancel the contract or receive $800,000 in under the table money. Plaintiff refused and commenced an action in specific performance. After three appeals, which plaintiff won, and a trial in the action, the property was sold to the plaintiff after we had a receiver appointed for the property. In addition to purchasing the property for the $2.9 million contract price a verdict for damages for breach of contract against the defendant for $1,477,139.22 was obtained.
