Settlements & Verdicts

 

Our firm and our attorneys have successfully litigated cases for decades. Due to privacy concerns, we do not publish our clients’ names. Each case listed may be verified as each received a specific court index number. 

Click on the titles to reveal case information:

 

$8,600,000.00 - Medical Malpractice (Failure to Diagnose) - Multiple Sinus Surgeries & Diabetes Insipidus

 In this case a 46 year old female presented to defendant doctor (otolaryngologist / neurotologist) with a seven month old MRI report of her head positive for chronic sphenoid sinusitis. The defendant doctor informed patient that the findings were“incidental” and treatment for the condition was not warranted. Defendant doctor then began treating patient for an unrelated condition, diagnosed by him, called otosclerosis. Treatment for this condition continued for the next two years which primarily consisted of vestibular testing and the prescription of medications commonly used in the treatment of osteoporosis. Two years after first seeing defendant doctor the patient consulted with another otolaryngologist / neurotologist who sent plaintiff for a CT of the sinuses which revealed extensive sphenoid sinusitis and the presence of a fungal ball in the sphenoid sinuses necessitates multiple surgeries. Plaintiff maintained that if defendant doctor had treated plaintiff for the sphenoid sinusitis when she started seeing him, her surgeries and injuries would have been avoided.

$7,900,000.00 - Elevator Malfunction - Spinal Surgery

 In this case, a 41 year old maid was injured when an elevator descended at a high rate of speed and then suddenly stopped in a major midtown hotel. The impact caused a serious back injury requiring surgery. The jury rejected the defendants’ claim that our client’s injury was pre-existing and that there was nothing wrong with the elevator. On appeal, the damages portion of the verdict was reduced to $2.5 million.

$7,300,000.00 - Premises Accident - Nerve Damage to Hand

Our client sustained nerve damage to her hand when she was caused to fall while holding a glass of water due to an unsecured and raised canvas floor cover placed in her home by furniture delivery men. The glass shattered in her hand when she fell resulting in lacerations and nerve damage. The jury rejected the defendants’ argument that the canvas was safely placed and that the furniture company was not responsible for the actions of the delivery men. The jury did find that the plaintiff was 65% comparatively negligent in causing the accident and the verdict was reduced by this percentage. The case was subsequently settled for $750,000. This case was featured in the New York Law Journal.

$4,200,000.00 -- Improper Security - Wrongful Death

A nineteen year old woman was gunned down in her apartment building. The jury award compensated the victim for twenty minutes of pain and suffering, commencing when she first saw the perpetrators and concluding with her death. This case was featured in the New York Daily News.

$3,100,000.00 - Premises Accident – Multiple Spinal Surgeries

A 63 year old female injured her back requiring multiple surgeries after falling on a defective sidewalk. This case settled at mediation.

$2,900,000.00 -- Motor Vehicle Accident -- Neck Surgery

A 30 year old female was injured while a passenger in a motor vehicle when it was struck in the side by a New York City Transit Authority bus. The plaintiff sustained neck injuries requiring surgery.

$2,800,000.00 - Premises Accident – Ankle Fracture

A 45 year old male sustained a complex fracture of his right ankle leading to multiple surgeries, when he slipped and fell down catering hall steps that were missing a handrail.

$2,250,000. 00 - Birth Injuries Caused by Doctor’s Failure to Correctly Diagnose Uterine Anomaly

A treating physician’s failure to accurately diagnose plaintiff’s uterine anomaly (bicornuate v. septate uterus) caused fetus to develop in compromised uterine environment with decreased blood flow and oxygen resulting in developmental delays and brain injury to offspring. This case settled on the eve of trial in Westchester County.

$2,100,000.00 - Elevator Malfunction - Major Back Injuries

Our client was a 51 year old cleaning woman working for a major sporting facility. An elevator mis-leveled, causing our client to fall and sustain major back injuries requiring surgery. The matter was settled during jury selection.

$1,800,000.00 - Motor Vehicle Accident - Spinal Surgeries

A 51 year old woman was injured in upstate New York when her car collided with a tractor trailer. Our client sustained serious injuries requiring neck and back surgery. Our firm was substituted for another attorney who recommended the acceptance of a much lower settlement offer. The case was prepared for trial by our office and on the date scheduled for jury selection, the 1.8 million dollars was offered and accepted. 

$1,700,000.00 - Construction Accident – Knee Injuries

A 36 year old laborer sustained neck, back and knee injuries which required surgery when a construction excavation wall collapsed upon him. The client accepted the settlement offer which was made just prior to jury selection so that his family’s financial future could be secured.

$1,600,000.00 - Improper Hotel Maintenance Resulting – Nerve Injury to Hand & Arm

A Westchester County student attending school at a performing arts college with limited dormitory space was provided housing at a local hotel. The student complained to both the management of the hotel and the college regarding a window in her hotel room that routinely stuck. Eventually the window broke as the student was attempting to open it. The shattered glass caused nerve damage to her arm requiring surgery. This case was featured in New York Newsday and the New York Law Journal.

$1,500,000.00 - Premises Accident – Neck Surgery

59 year old female slipped and fell on ice in the parking lot of her residence that her landlord failed to clean, requiring a micro-discectomy to her neck.

$1,500,000.00 - Elevator Malfunction – Knee Surgeries

Our client was a 40 year old office worker in a major building in New York when an elevator plunged and stopped abruptly. The argument was successfully made that the building owners should have shut down the elevator as a major storm was raging at the time of the accident. Our client underwent two knee surgeries.

$1,400,000.00 - Police Motor Vehicle Collision – Knee Surgeries

A 30 year old police officer sustained knee injuries when the patrol car in which he was a passenger, ran a stop sign and collided with another vehicle. As a result of the accident, our client required two knee surgeries. The jury found the operator of the police vehicle to be primarily at fault for the accident. During appeal, the case settled for $850,000.

$1,200,000.00 -- Construction Worker Fell From a Scaffold Resulted – Neck Surgery

A construction worker fell while constructing a scaffold herniating disks in his neck necessitating surgery. This case settled after the completion of several mediations.

$1,000,000.00 - Motor Vehicle Accident – Head Trauma & Stroke

A 45 year old nurse sustained head injuries when she was helping transport a patient in an ambulance. She sustained head trauma resulting in a delayed stroke approximately 48 hours later. The case was settled without the need for jury selection.

$1,100,000.00 - Medical Malpractice – Wrongful Death

A 48 year old female admitted to hospital for abdominal surgery suffered perforations of the bowel during laparoscopy leading to her death.

$1,000,000.00 - Elevator Accident – Back Surgery

In this case, a 46 year old maintenance man was injured in a newly constructed Brooklyn apartment building when the elevator unexpectedly sped for several floors requiring surgery to repair herniated discs in his back. The case settled at an out of court mediation.

$1,000,000.00 - Elevator Malfunction - Back Surgery

41 year old plaintiff was using defendant’s elevator when it abruptly stopped. Plaintiff claimed a bulging disc at L3-4 and herniated discs at L4-5 & L5-S1. He underwent a hemi-laminectomy at S1. This case settled prior to jury selection for 1 million dollars.

$1,000,000.00 -- Ceiling Fall -- Back Surgery

In this case, a 47 year old woman was injured in a building owned by the City of New York when a portion of her apartment’s ceiling collapsed causing neck and back injuries. Although her neck healed, the severity of her back injuries required surgery. The case was settled without the need to select a jury.

$1,000,000.00 – Slip & Fall – Neck Surgery

A 42 year old female slipped and fell on bodily fluids deposited onto the floor of defendant hospital. The plaintiff unable to see the substance as she walked next to a stretcher that was transporting her son, slipped and fell causing injury to her neck requiring surgery.

$995,580.00 – Slip & Fall in Hospital – Neck Surgery

Plaintiff was walking in a hospital, assisting her son who was being taken to x-ray for unrelated condition, when she slipped and fell on bodily fluids that had been deposited on the floor without proper cleanup. Plaintiff underwent a Decompressive foraminotomy from C3-C7with extension laminectomy of C4-C6.

$950,000.00 – Pedestrian Knockdown – Multiple Disc Bulges and Herniations – No Surgery

Plaintiff a pedestrian was struck by a motor vehicle driven by and owned by City of NY and NYC Probation Dept. After being rejected by other attorneys we pursued this case on behalf of Plaintiff. P sustained multiple herniated and bulging discs, but could not undergo surgery due to underlying diabetic condition.

$950,000.00 - Pedestrian Knock Down by a Motor Vehicle – Neck Surgery

Case formerly rejected by a prior attorney involved a 65 year old male who was struck by a motor vehicle owned by City of NY and NYC Probation Dept. The impact caused the plaintiff to suffer a left sided C6-C7 disk bulge and radiculopathy necessitating surgery that the plaintiff was unable to undergo due to an unrelated medical problem.

$931,000.00 - Plaintiff a Passenger in a School Bus was Working as a Bus Matron when Bus was Struck by Defendant’s Vehicle – Knee Surgeries

A 50 year old bus matron sustained a knee injury and multiple surgeries as a result of a motor vehicle collision caused by defendant’s vehicle.

$890,000.00 - Premises Accident – Second Degree Burns

Plaintiff, a 50 year old heating and hot water repairman, was called to defendant’s building for “no hot water” and while in the basement stepped into a sump pump hole that filled with hot water causing second degree burns to his left lower extremity.

$800,000,00.00 - Motor Vehicle Accident – Rotator Cuff Tear with Arthroplasty

60 year old mechanic was rear-ended sustaining a shoulder injury. Plaintiff underwent arthroscopic surgery to repair a tear to the rotator cuff. This case was tried as a Summary Jury trial.

$750,000.00 - Motor Vehicle Accident – Back Surgery

A 35 year old man was injured in upstate New York when a vehicle operated by a teenager crossed a double yellow line striking our client’s vehicle. As a result of the accident, our client underwent back surgery. The case was settled without the need for jury selection.

$750,000.00 - Motorcycle Accident -  Leg Fractures

Our client, a 34 year old operator of a motorcycle was injured when another vehicle ran a stop sign striking his bike and causing him to be catapulted onto the pavement. Our client sustained leg fractures and damage to a testicle requiring separate surgeries.

$735,000.00 - Diseased Tree Fell Striking Client – Spinal Injuries

A Dutchess County man was injured when visiting a private home. It was later learned that the tree had died the season before and should have been removed. The homeowner settled for $500,000 to compensate the plaintiff for spinal injuries. A separate suit was initiated against the general contractor of the home, and several subcontractors, who dug a trench to the house several years prior to the accident, injuring the tree roots which ultimately caused the tree to die. The contractors settled for $235,000. This case was featured in the Poughkeepsie Journal.

$725,000.00 - Dancer Fell from a Cable during Rehearsal for Super Bowl Half-Time Show

Ankle Injury. A dancer suspended fifteen feet in the air, fell from a defective cable during a rehearsal in the Georgia Dome. He received surgery to his ankle. This case was successfully tried in a Federal District Court in Atlanta, GA.

$717,000.00 - Construction Worker Falls through Floor during Demolition – Arm Fracture

A Spanish speaking Westchester County man was injured on a construction site, when the section of flooring he was standing on gave way, causing him to fall to the floor below. He fractured his right arm necessitating surgery. This case was featured in the Journal News.

$675,000.00 - Premises Accident Resulting in 675,000 Verdict in Queens County – Spinal Injuries

59 year old deliveryman slips on oil when delivering auto parts after hours at defendant’s auto dealership. Plaintiff sustains multiple bulges to the discs in his lumbar spine eventually necessitating a laminectomy.

$675,000.00 - Motor Vehicle Accident – Neck Injury

When a van struck our 37 year old client’s vehicle in the rear while it was stopped, he sustained a neck injury requiring surgery. Although the van’s driver claimed our client stopped short, the settlement offer was accepted during a pre-trial mediation with a private mediation company.

$600,000.00 – Motor Vehicle Accident – Herniated Discs Requiring Surgery

This motor vehicle accident involved a question of lights and right away. As a result of the collision Plaintiff was caused to undergo surgery in the form of an Anterior Cervical Decompression Discectomy at C5-6, C6-7, and Anterior Cervical Fusion using VG2 allograft at C5-6, C6-7 and Anterior Stabilizing using Skyline Plating System from C5 to C7. In addition, Plaintiff underwent C3-4, C4-5, C5-6, C6-7 cervical intra-articular facet injections under fluoroscopic guidance on the left side.

$550,000.00 - Choking Accident of a Severely Mentally Challenged Male Resulting in $550,000 – Wrongful Death

65 year old severely mentally challenged male inpatient (plaintiff) at defendant’s facility, choked on a piece of hamburger meat. The staff knew plaintiff had a propensity to choke when eating and failed to monitor him appropriately. This case settled prior to jury selection for $550,000.

$550,000.00 - Premises Accident – Neck Injuries

A 40 year old woman suffered neck injuries requiring surgery after walking under a scaffold and being struck by falling debris.

$500,000,000 - Police Officer Slip and Falls in Women’s Restroom in a Municipal Police Department – Neck Injury

A female police officer just coming on duty slipped and fell in the police department’s restroom as a result of water on the floor. Her injuries required the partial removal of a herniated disc. This case was tried in a Federal District Court in White Plains. This case was featured in the Journal News.

$500,000.00 - Premises Accident - Herniated Disc

46 year old plaintiff slipped and fell when descending a staircase in his residence in Harlem. He suffered a herniated disc at L3-4 and received physical therapy and trigger point injections. The plaintiff did NOT undergo surgery that was recommended. A jury returned a verdict of $500,000.

$550,000.00 - Rubble Falling from Scaffold Struck Pedestrian – Disc Herniation

40 year old art gallery clerk was injured when she walked under a scaffold and was struck by rubble that fell from scaffold. The case settled prior to jury selection for $490,000. Plaintiff sustained a disc herniation at C5-6.

$550,000.00 - Motor Vehicle Accident – Lumbar Injuries

Plaintiff was a passenger in a motor vehicle accident and suffered soft tissue injuries to his lumbar spine which were treated with a hemi-laminectomy at L5-S1. This case settled during jury selection for $550,000.

$500,000.00 - Slip & Fall - Disc Herniation to Lumbar Spine (No Surgery)

Plaintiff was caused to slip & fall due to a liquid substance present on a staircase. 

$500,000.00 - Pedestrian Knockdown - Bicep Rupture with Surgery

Plaintiff was struck by a retired NYPD officer who was backing up a vehicle and did not see plaintiff, a parking attendant, in his rear view mirror. Plaintiff underwent a left shoulder arthroscopy with a subchromial decompression, soft tissue bicep tenodesis and debridement of the rotator cuff. Plaintiff had returned to work as a parking attendant after the surgery. 

$495,530.28 - Trip & Fall - Meniscus Injury yielding Knee replacement

Plaintiff tripped and fell on an uneven sidewalk and sustained a meniscus tear. As a result Plaintiff was required to undergo a chondroplasty and partial medial meniscectomy and partial lateral meniscectomy as well as a right total knee arthroplasty.   

$438,638.00 - Premises Accident - Wrist Fracture

Plaintiff was injured when she was caused to trip and fall due to uneven grade of asphalt and cement that was protruding from the ground. Plaintiff suffered a Colles’ fracture of the right wrist. This case settled just prior to jury selection in Dutchess County for $438,638.00.

$435,000.00 - Motor Vehicle Accident - Neck Injuries - No Surgery

A 46 year old male suffered neck injuries after being rear ended in a low impact collision. Plaintiff was not able to undergo surgery due to other health concerns.

$435,000.00 - Motor Vehicle Accident - Soft Tissue Injuries to Spine

Plaintiff was a passenger in a vehicle when he was rear ended. Plaintiff sustained bulging and herniated discs in his lumbar and cervical spine. Although surgery was recommended, plaintiff was NOT able to undergo surgery due to an underlying, unrelated medical condition. This case settled prior to jury selection for $435,000.

$425,000.00 - Premises Accident – Cervical Injury

Plaintiff was caused to slip and fall due to high gloss paint finish on steps. Plaintiff underwent a discectomy at C6-7. This case settled prior to jury selection.

$425,000.00 – Bicyclist Struck by Motor Vehicle Driver – Herniated Discs

Plaintiff a bicyclist was struck by a motor vehicle. As a result of the collision Plaintiff was required to undergo a decompressive lumbar laminectomy at L4-5 and L5-S1, utilizing transforaminal lumbar interbody fusion of L4-5 and L5-S1 and a further procedure removing previously installed hardware. 

$420,000.00 - Premises Accident - Fractured Femur

An 83 year old male suffered a fractured femur requiring surgery after, tripping and falling on uneven cellar doors while walking on a sidewalk. The jury found the adjoining landowner 100% responsible for the condition of the uneven doors, resulting in defendant’s settlement.

$376,000.00 – Trip & Fall – Ankle Fracture

Plaintiff tripped and fell downstairs due to debris left on staircase. As a result of the fall Plaintiff underwent surgery for the left trimalleolar fracture dislocation and a second surgical intervention in the form of left ankle arthorscopy with chondroplasty of talus, lysis of multiple adhesions, synovectomy of left ankle and removal of painful prominent deep left ankle hardware.

$375,000.00 - Motor Vehicle Intersection Accident – Lumbar Injury

Plaintiff driver in a motor vehicle accident, collided with defendant’s vehicle due to defendant’s failure to yield. Plaintiff sustained disc herniations at L4-5 and L5-S1. Plaintiff underwent a micro-discectomy at L4-5. This case settled prior to jury selection.

$375,000.00 – Trip & Fall – Rotator Cuff and Meniscal Tears

Due to an irregular step down while exiting a restaurant, plaintiff sustained shoulder and knee injuries requiring arthroscopic surgeries.

$373,830.00 - Motor Vehicle Accident – Soft Tissue Injuries

Plaintiff was stopped at a red light when he was rear ended by defendant. Plaintiff suffered soft tissue injuries to his spine resulting in a laminectomy at L5-S1. This case was settled prior to trial.

360,657.86 – Trip & Fall – Ankle Fracture

Plaintiff was walking toward her ambulette transport when she was caused to trip and fall due to a defective curb. As a result Plaintiff sustained a fracture of the medial malleolus of the right ankle.

$360,000.00 - Premises Accident – Knee Injury

Plaintiff slipped and fell on mop water on the floor. The defendant had not put up and warning signs. Plaintiff underwent arthroscopic surgery to her knee. This case settled at a mediation for $360,000 in Staten Island, NY.

$350,000.00 --Product’s Liability – Knee and Hip Injuries

Plaintiff slipped and fell on hydraulic fluid that had leaked from a forklift machine in a Home Depot. Plaintiff sued the manufacturer of the machine for faulty repairs to the machine. Plaintiff underwent arthroscopic surgery to his knee and had to have a hip replacement previously performed revised. This case settled at mediation in Dutchess County prior to trial.

$350,000.00 – Product’s Liability – Hip Fracture with Surgery

Plaintiff (Home Depot Employee) was caused to slip and fall when a Lift Truck leaked hydraulic fluid onto a loading dock. Plaintiff sustained a Subcapital fracture right femoral neck; a tear of the right medial and lateral menisci; and underwent a hip hemiarthroplasty; a Revision right total hip replacement; and a Right knee arthroscopy with a partial medial meniscectomy.

$350.000.00 – Slip & Fall – Herniated Discs

Plaintiff slipped and fell on public school premises. As a result she was required to undergo an L3-L4 microscopic discectomy. Due to Disc herniations.

$350,000.00 – Pedestrian Knockdown – Head Trauma with Scalp Laceration

As a result of Defendant’s negligence, Plaintiff required to receive sutures to his forehead, nose and upper lip.  As a result of the injuries, Plaintiff is at a greater risk for developing posttraumatic, early Alzheimer's disease.

$312,500.00 – Fall Due to Defective Handrail – Humerus Fracture

Plaintiff while descending staircase fell when handrail became dislodged from wall. Plaintiff was caused to undergo a surgery of the left humerus.

$290,000.00 - Slip and Fall – Neck Injury

In this case, a 57 year old man was injured due to a broken step in a friend’s apartment building. The injuries required neck surgery. Despite a prior neck injury and years of related complaints and treatments, the case settled without the need for jury selection.

$267,500.00 - Premises Case – Ankle Fracture

Plaintiff was caused to slip and fall due to snow and ice covered debris. The plaintiff suffered and ankle fracture necessitating surgery. The case settled prior to trial for $267,500.00.

$260,000.00 - Medical Malpractice IV Infiltrate Resulting – Scarring

The plaintiff was negligently given an IV insertion to her right arm after suffering a heart attack. The IV was not checked properly and it destroyed tissue in her arm requiring surgery.

$250,000.00 - Motor Vehicle Accident in Staten Island – Aggravation of Prior Injury

Plaintiff’s vehicle was struck in the rear causing plaintiff to suffer a re-aggravation from a prior neck surgery. This case settled at mediation for $250,000.

$250,000.00 - Motor Vehicle Accident – Spinal Injury

Plaintiff was attempting to make a left hand turn when he was rear ended by defendant’s vehicle. Plaintiff underwent an L5-S1 Laminectomy. This case was settled prior to trial.

$250,000.00 -- Premises Accident – Ankle Injury

Plaintiff was caused to slip and fall due to snow and ice. Plaintiff underwent surgery to his ankle as a result of the fall. This case was settled prior to trial.

$239,000.00 - Slip and Fall in Supermarket Resulting - Torn Meniscus

A Westchester County woman slipped and fell in a supermarket, causing a knee injury requiring arthroscopic surgery.

$235,000.00 – Slip & Fall – Fracture and Dislocation of the Right Ankle with Ankle Surgery

Plaintiff was injured when she was caused to slip and fall down the stairs due to a liquid substance believed to be urine stairs the stairs were made of concrete with a high gloss paint application. Plaintiff sustained a bi-malleolar ankle fracture. 

$210,000.00 - Rear End Auto Accident - Bulging Discs

No Surgery in Westchester County. A Westchester County woman rear-ended in a motor vehicle accident sustained three bulging discs. There was no surgery.

$180,000.00 - Side-swipe Auto Accident - Herniated Disc – No Surgery

 A Dutchess County man side-swiped by a motor vehicle sustained one herniated disk. There was no surgery. This was a jury award.


New York Personal Injury Lawyers Disclaimer: The New York wrongful death, auto accident, premises liability, personal injury and/or other legal information offered herein by Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P., New York Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of New York.

“Prior results do not guarantee a similar outcome. Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or law firm may be retained.” 

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