York Injury Cases Blog

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1 New York Injury Cases Blog York Injury Cases Blog Posted at 10:21 AM on on January 31, 31, by by John John Hochfelder Wrist Fracture Injury Cases Injury - Recent Cases New - Recent York Verdicts New and York Settlements Verdicts and Settlements Between $450,000 $450,000 and $900,000 and $900,000 With a serious enough injury, traumatic wrist wrist injury injury cases in cases New in York New can York and do can command do command upwards of of $500,000-$900,000 for for pain pain and and suffering suffering alone and alone can and even can bring even in bring a $1,000,000 in a $1,000,000 sustainable verdict. The wrist is is an an extremely complex collection of many of many joints, joints, including including eight separate eight separate small bones small bones called called carpal bones that connect the two bones of of the the arm, arm, the the radius radius and and the the ulna, ulna, to the to the hand. hand. The The metacarpal bones are the long bones that lie lie mostly within the the palm. palm. One One reason reason the the wrist wrist so is complex so complex is that is every that every small bone forms a a joint with with the the bone bone next next to it. to it. Here's a look at at basic basic wrist wrist anatomy: anatomy: (1 of 5)2/21/2009 2:00:35 PM

2 Simple wrist fractures that that do do not not involve surgery surgery often often heal heal well well and do and not do result not result in large in jury large verdicts jury verdicts or settlements. When there's no no extended period period of pain of and pain suffering, and suffering, awards awards for non-surgical for non-surgical wrist injuries in the in the range range of $15,000 of $15,000 to $60,000 to $60,000 are typical. are typical. When there are are serious fractures and and surgery surgery is required, is required, then jury then verdicts jury can verdicts be as high can be as as high as $1,000,000 just for for pain pain and and suffering suffering and they and will they be will upheld be upheld by the by appellate the appellate courts. courts. Here are some recent jury verdicts in New in New York York for significant for significant wrist fracture wrist fracture claims: claims: Sitkowski v. Oggi v. Oggi Realty Realty Corp. Corp. (Supreme (Supreme Court, Court, Bronx Bronx County; County; Index # Index 13050/05; # 13050/05; 12/19/08) 12/19/08) - - $450,000 jury verdict ($250,000 past past pain pain and and suffering, $200,000 $200,000 future) future) for a for 38 year a 38 old year truck old truck driver whose hand was struck by by a a gate. gate. He He sustained an an intra-artiular fracture fracture of his of distal his distal radius radius and was casted. He developed arthritis and and his his doctor said said he he may may need need wrist wrist fusion fusion surgery. surgery. The The defendant paid the verdict in in full full after after losing losing a post-trial a post-trial motion motion to the to trial the judge trial judge seeking seeking to set to set aside the damages award as excessive. Cedano v. v. City City of New of New York York (Supreme (Supreme Court, Court, Bronx Bronx County; County; Index # Index 14687/05; # 14687/05; 11/24/08) 11/24/08) - - $550,000 pain and suffering verdict for for a 54 a 54 yer yer old old cab cab driver driver who who fell and fell fractured and fractured his distal his distal radius requiring open reduction and and internal fixation fixation (the (the surgical surgical implantation implantation of a plate of a and plate five and five screws). Hernandez v. v. MVAIC (Supreme (Supreme Court,New Court,New York County; York County; Index #101153/06; Index #101153/06; 6/10/08) 6/10/08) - - $500,000 ($300,000 past pain and and suffering, $200,000, future) future) for a for 32 a year 32 year old hit old by hit a car by a who car who sustained a non-displaced radial styloid fracture and and a torn a torn scapholunate ligament ligament in her in wrist her wrist that that required surgery. (2 of 5)2/21/2009 2:00:35 PM

3 These recent jury verdicts in in the the $500,000 range range for for serious serious wrist wrist injuries injuries would would likely likely be upheld be upheld were were any to be appealed in view of of appellate court court cases cases such such as: as: Karwacki v. v. Astoria Medical Medical Anesthesia Assoc., Assoc., P.C. P.C. (Appellate (Appellate Division Division 2nd Dept., 2nd 2005) Dept., ) - $600,000 pain and suffering verdict ($200,000 past, past, $400,000 future) future) upheld upheld for a for man a who man fell who fell off a ladder and sustained a a comminuted intra-articular distal distal radius radius fracture fracture with two with operations. two operations. Hayes v. v. Normandie (Appellate Division, Division, 1st Dept., 1st Dept., 2003) 2003) - $985,000 - $985,000 pain and pain suffering and suffering damages for a 52 year old man with a comminuted a fracture fracture of his of radius his radius extending extending into the into wrist the wrist and requiring the insertion of of a metal a metal plate plate and and screws screws and and a future a future fusion fusion or artificial or artificial joint joint surgery. After the the jury jury verdict, the the trial trial judge judge granted granted the defendant's the defendant's motion motion to reduce to reduce the future the future pain and suffering award from $750,000 to $350,000 to but but the the appellate appellate court court reinstated reinstated the the $750,000 future damages award. Cabezas v. v. City of of New New York York (Appellate Division, Division, 1st Dept., 1st Dept., 2003) 2003) - $900,000 - $900,000 jury verdict jury verdict upheld for a 50 year old old man with with a comminuted a intra-articular distal distal radius radius fracture fracture and aand a displaced ulna styloid fracture. The The plaintiff required required two surgeries, two surgeries, one of one which of which was the was the placement of an external fixation device device and and he he will will need need a future a future fusion fusion surgery. surgery. The trial The judge trial judge had agreed with the defendant and reduced the the pain pain and and suffering jury jury verdict verdict from from $900,000 $900,000 to to $325,000; however, the the appellate court reinstated the the $900,000 jury jury verdict. verdict. Fusion surgery is is very very complicated and debilitating, and debilitating, as you as can you see: can see: (3 of 5)2/21/2009 2:00:35 PM

4 As with most if if not not all all traumatic injury injury pain pain and and suffering suffering evaluations, evaluations, these these wrist cases wrist show cases clearly show clearly that each case is unique, each injured person is is unique and and each each injury injury is unique. is unique. Lawyers Lawyers who who tell tell clients or others that a a wrist fracture case case is is worth worth a certain a certain dollar dollar figure figure are usually are usually doing doing a disservice a disservice to to their clients and exposing themselves as as ignorant. One must await resolution of of the the injuries or the or the time time when when it's clear it's clear that maximum that maximum medical medical improvement improvement has been reached before even starting to to evaluate a a pain and and suffering claim claim figure. figure. Then, Then, pain pain and and suffering verdict and and settlement amounts can can be be estimated in view in view of the of specific the specific body body parts parts injured injured (including the the specific bones fracture and/or and/or ligaments torn). torn). Next, Next, factor factor in the in prognosis the prognosis (and (and remember, the defense will have the the right right to to have have the the plaintiff plaintiff examined examined by a by defense a defense doctor doctor and nearly and nearly always the defense doctor and the the treating doctor differ differ widely widely on prognosis on prognosis and it's and up it's to up a jury to a jury ultimately to to decide upon the the prognosis). Once all these of analyses are done, then one must compare and and contrast as as many many trial trial and and appellate court decisions and settlement reports as as can can be be found. Then, Then, you you can can add add in the in the dozens dozens of other of other factors factors that apply in in every case. Being asked "what's this this case case worth" worth" really really does justify does that justify typical that but typical dreaded but response dreaded many response many (4 of 5)2/21/2009 2:00:35 PM

5 lawyers give to to client questions: "Well, "Well, that depends that depends..."..." Comments (0) (0) Read through and and enter enter the the discussion with with the the form form at the at end the end The Law Firm of of John John M. M. Hochfelder 81 Main Street White Plains, NY Phone: Fax Fax (5 of 5)2/21/2009 2:00:35 PM