Futterman, Sirotkin And Seinfeld, LLP
Futterman, Sirotkin And Seinfeld, LLP

Experienced litigation attorneys
who will fight for you

Proven Results

We Are Trial-Ready Lawyers Who Protect Our Clients’ Rights and Obtain Successful Verdicts and Settlements

The following examples can provide you with an idea of the type of services we offer, the people we have helped and our level of experience. It is always best to speak with an attorney about your specific legal matter — every case is unique, and past performance cannot guarantee future results.

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 was ignored. The infant was born in respiratory distress, and he was later determined to be mentally retarded and suffered from cerebral palsy. The case was settled for $3.5 million, paid in a structured settlement. Total guaranteed payments are $7,677,444.

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 that is 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 HIV despite her having known risk factors for the disease. HIV was not timely diagnosed. As a result, the infant was not treated for HIV in utero, which may have cured the disease. Settlement on trial for $1.5 million, which was placed in a structured settlement; total guaranteed payments on the settlement was $2,204,028.

Medical/Hospital Malpractice – Birth Trauma – Erb’s 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 Erb’s 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 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.

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.

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 a 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 postoperative recovery period, the decedent developed a pulmonary embolism, and despite complaints was discharged from the doctor’s office. The decedent expired within an hour of leaving the doctor’s office. Settlement while awaiting verdict: $650,000.

Medical Malpractice Action – Failure to Diagnose 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 that showed “atypical cells.” Although suspicious for malignancy, this was not reported to the patient, nor was an excision biopsy performed. There was a six-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 Diagnose Cancer – Wrongful Death

Woman in her late 60s 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 two years later. Settled on trial: $650,000.

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 with 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 incidentally discovered an abdominal aneurysm, which could have been 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, the 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. Settlement on trial: $1.2 million.

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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 $3.3 million (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.

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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 the plaintiff won, expanding the doctrine of “special duty.” Verdict: $2.9 million in compensatory and punitive damages.

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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.

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Personal Injury

Construction Accident

Our client was working on a building in which an additional floor was being added. He was asked to help offload steel bars (rebar). As he was assisting another person, he was backing up and fell through an open hole in the floor. The hole was supposed to be secured by a railing. Futterman, Sirotkin & Seinfeld LLP commenced an action against the owners of the building, the general contractor and subcontractors. Eventually we won the case on a summary judgment motion and the matter was set down for trial. On the first day of jury selection, all available coverage ($2 million) was tendered and the case was settled. The client had sustained a badly fractured wrist requiring an external fixation device and injured his back for which he had a TENS unit surgically implanted. Defendants tried to save money on their policies believing that the injuries did not justify the $2 million recovery. The fact remains that although our client was in his late 50s he still had many years of useful work expectancy and had a good work history up until the time of the injuries, which prevented him from working ever again.

Automobile-Pedestrian Knockdown

Our client was walking along the sidewalk of a main thoroughfare at night. She had the light in her favor as she was crossing the street and the defendant was coming from the opposite direction and was making a left-hand turn and struck her. She sustained a skull fracture and suffered a mild traumatic brain injury. The defendants hired experts to suggest that there was no objective documentable injury to the brain and also hired a neuropsychiatrist to do an extensive battery of tests who also concluded that the client’s brain injuries were minor. The fact is that our client was badly injured; she became fragile and was unable to return to her job as a secretary of a local hospital. The intersection was somewhat complex, requiring us to hire a signage expert as well as an accident reconstructionist. Defendants initially took a very lowball approach to the case. When the trial was commenced they had offered $500,000, but by the time the plaintiff’s entire case was put in, their offer rose to $1.5 million at which point the client agreed to settle the case. A portion of that money was put into a structured settlement for the client’s benefit to provide future periodic payments tax-free.

Premises Liability in Supermarket

Our client was walking in a supermarket aisle shopping. An old refrigerator in which food was displayed would occasionally leak water into the aisle. She slipped on the water, twisted her knee and injured her back, including a herniated disk. The defendants fought the case on the issue of no prior notice of the condition of water seeping out of the refrigerator. Our attorneys returned to the accident location several times with the client and without the client and further documented that this was a continuing problem with this refrigerator. Eventually we were able to take the deposition of one of the people who serviced the refrigerator from the store. The witness explained that ice would form within this refrigerator unit causing circulation holes to be clogged, thereby causing water to leak out of the unit. As the unit became older, this would happen more frequently. As a result of this testimony, the defendant ultimately agreed to pay $625,000 to settle the matter before trial.

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Prior results do not guarantee similar outcome.