CONTINUALLY ACHIEVING TOP VERDICTS IN NEW YORK STATE

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1 VerdictSearch.com

2 CONTINUALLY ACHIEVING TOP VERDICTS IN NEW YORK STATE This year we are proud to once again have judgments that are ranked among the top verdicts for 2012 in NY State. Among our verdicts was a $6,000,000 judgment that we obtained in Nassau County for wrongful death. This outcome was in addition to the more than $80,000,000 in settlements secured in 2012 for our clients. At Duffy & Duffy we believe that curing medical malpractice starts with patient safety. We are highly selective in the cases we accept and dedicate all of our efforts to those cases. It s the reason our verdicts are among the highest in the state. Based in Uniondale, Long Island, we represent victims of medical malpractice and negligence with dedication and commitment. No guesswork. Just facts. Disclaimer: Past success does not guarantee a similar result.

3 2012 TOP VERDICTS NY PUBLISHERS LETTER 4 TOP 30 NEW YORK VERDICTS IN TOP 10 NEW YORK CASE SUMMARIES IN TOP 2012 VERDICTS BY CATEGORY 21 Civil Rights, Employment & Injuries 21 Construction Accidents and Other Workplace Safety 25 Contracts 29 Intentional Torts 31 Farrell McManus Associate Publisher, New York Law Journal fmcmanus@alm.com Advertising/Sponsorship Sales Roseann Agostino ragostino@alm.com Richard Berger rberger@alm.com Peter Hano phano@alm.com Michael Kalbfell mkalbfell@alm.com Patty Martin pmartin@alm.com Medical 35 Motor Vehicle 45 Premises Liability 59 Indera Singh isingh@alm.com For advertising information please call Product Liability 65 VerdictSearch s Top New York Verdicts of 2012 is published by ALM, 120 Broadway, New York, NY Not exactly the position you had in mind? Start your search. Visit lawjobs.com today. Your hiring partner LJ LawJobs-Employee(11.5x2).indd 1 7/25/12 9:54 AM VerdictSearch s Top New York Verdicts of

4 2012 TOP VERDICTS NY Dear Readers, Welcome to Top Verdicts New York 2012, a special section of the New York Law Journal. The lawyers and law firms who are ranked in these listings represent the best of the best in Their zealous advocacy on behalf of their clients is inspiring and deserving of our respect. Many of them are names you have seen before. In addition to highlighting the Top 30 verdicts reported to Verdict Search in 2012 we also break down these listings by categories including Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety. The following pages represent the passion, determination and skillful expertise of your colleagues. The work of these advocates in 2012 was outstanding and we salute them. If you do not see a case you worked on last year, we encourage you to begin reporting your cases to VerdictSearch. You can submit a case to VerdictSearch by telephone at For subscriptions to the VerdictSearch database of 175,000+ cases, call sales at VerdictSearch is second to none when it comes to verdict and settlement research and reporting. For over 40 years, VerdictSearch has been the nation s trusted source for news and research, providing legal and insurance professionals with the most accurate, detailed case reports each week. You can find them online at If you cannot wait until April 2013 for more information on verdicts and settlements please remember that every Monday on page 5, the New York Law Journal runs a special Verdicts & Settlements section in the paper highlighting recently submitted important or newsworthy cases. Finally, I would like to extend a special thanks to the New York Law Journal sales, marketing and design teams as well as our consultant on this project, Brian Corrigan, and his team. Their efforts enabled this fantastic supplement to come together despite tight deadlines and a lot of changes by yours truly. As always, if you have any thoughts on this program or any other we run here at the New York Law Journal please drop me a line. I can be reached at fmcmanus@alm.com. I look forward to hearing from you! Warm regards, 4 VerdictSearch s Top New York Verdicts of 2012

5 MEDIATED SETTLEMENTS A SAMPLING OF CASES RESOLVED IN OUR PERSONAL INJURY DIVISION DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/10/11 2/4/11 2/14/11 2/24/11 2/28/11 3/2/11 3/3/11 3/7/11 3/8/11 3/16/11 3/28/11 3/31/11 4/7/11 4/27/11 4/28/11 5/5/11 5/11/11 5/16/11 6/8/11 6/10/11 6/10/11 6/15/11 6/21/11 6/21/11 6/23/11 7/6/11 7/20/11 7/27/11 7/27/11 7/28/11 8/9/11 8/19/11 3,250,000 2,150,000 2,500,000 8,250,000 6,850,000 3,000,000 2,500,000 8,250,000 6,750,000 2,250,000 2,000,000 6,750,000 11,800,000 2,700,000 3,100,000 2,700,000 8,500,000 2,450,000 3,250,000 2,400,000 3,000,000 2,400,000 8,500,000 2,200,000 6,000,000 2,180,000 3,500,000 4,250,000 2,700,000 3,000,000 6,000,000 2,500,000 8/25/11 8/25/11 8/29/11 9/1/11 9/8/11 9/15/11 9/20/11 9/20/11 9/21/11 9/27/11 9/28/11 9/28/11 9/30/11 9/30/11 10/5/11 10/10/11 10/12/11 10/18/11 10/27/11 10/27/11 11/2/11 11/21/11 12/5/11 12/12/11 1/3/12 1/4/12 1/4/12 1/11/12 1/12/12 1/19/12 2/1/12 2/7/12 4,100,000 3,000,000 3,500,000 3,000,000 2,350,000 2,100,000 2,500,000 2,050,000 3,000,000 2,500,000 3,900,000 3,500,000 3,000,000 2,400,000 2,250,000 3,000,000 2,500,000 3,900,000 5,000,000 2,347,500 4,000,000 3,375,000 3,150,000 3,150,000 3,000,000 2,000,000 5,800,000 3,900,000 2,000,000 5,700,000 17,900,000 2,900,000 2/8/12 2/8/12 2/13/12 2/13/12 2/21/12 2/21/12 2/22/12 2/28/12 3/2/12 3/20/12 3/20/12 3/27/12 3/30/12 4/3/12 4/4/12 4/5/12 4/9/12 4/16/12 4/16/12 4/19/12 4/25/12 4/26/12 4/30/12 5/4/12 5/4/12 5/10/12 5/15/12 5/16/12 5/17/12 5/31/12 5/31/12 5/31/12 3,000,000 2,950,000 2,715,000 2,750,000 5,700,000 4,150,000 3,250,000 3,750,000 2,100,000 5,500,000 3,300,000 2,500,000 2,700,000 2,250,000 4,150,000 15,550,000 2,950,000 3,400,000 3,300,000 15,550,000 3,000,000 2,250,000 3,300,000 11,000,000 4,400,000 2,700,000 4,250,000 4,250,000 4,250,000 2,500,000 2,500,000 2,250,000 6/14/12 6/15/12 6/20/12 6/22/12 6/25/12 6/26/12 7/2/12 7/11/12 7/16/12 7/16/12 7/17/12 7/19/12 7/24/12 8/2/12 8/2/12 8/2/12 8/6/12 8/9/12 8/10/12 8/17/12 8/22/12 8/23/12 8/29/12 9/7/12 9/10/12 9/11/12 9/12/12 9/14/12 9/18/12 9/28/12 10/1/12 10/1/12 3,250,000 2,700,000 11,000,000 3,300,000 4,700,000 3,750,000 11,500,000 5,900,000 2,350,000 5,900,000 4,000,000 2,800,000 2,350,000 2,000,000 2,800,000 2,500,000 1,950,000 2,000,000 2,250,000 2,000,000 3,750,000 3,000,000 5,000,000 3,000,000 4,000,000 2,000,000 2,500,000 2,933,333 3,000,000 11,500,000 3,000,000 2,800,000 10/1/12 10/2/12 10/3/12 10/11/12 10/19/12 10/22/12 10/23/12 11/6/12 11/14/12 11/15/12 11/16/12 11/19/12 11/27/12 12/3/12 12/17/12 12/27/12 1/3/13 1/16/13 1/16/13 2/6/13 2/7/13 2/15/13 2/15/13 2/26/13 3/06/13 3/11/13 3/11/13 3/12/13 3/21/13 3/21/13 4/2/13 4/3/13 2,925,000 12,000,000 4,700,000 3,000,000 3,000,000 3,000,000 3,400,000 5,350,000 4,700,000 2,925,000 3,000,000 5,350,000 2,800,000 2,000,000 9,500,000 3,000,000 2,400,000 5,600,000 2,500,000 2,600,000 3,000,000 2,800,000 2,110,000 7,000,000 2,800,000 2,000,000 3,500,000 2,925,000 6,500,000 4,300,000 3,000,000 2,175,000 In addition to administering a wide variety of cases, including complex commercial and employment matters for more than 50% of the Fortune 100 companies, NAM also settles a significant number of personal and catastrophic injury matters. In 2012 alone, NAM s personal injury division resolved nearly $1 billion dollars of such cases in New York State. The Better Solution 122 East 42nd Street, Suite 803, New York, New York Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800)

6 2012 TOP VERDICTS NY TOP 30 NEW YORK VERDICTS IN Liberty Media Corp. v. Vivendi Universal S.A. 2 Sohl v. Bassett Healthcare Network 3 Martin v. New York City Health and Hospitals Corp. 4 Debes v. St. Vincent's Medical Center-Staten Island Jun 25 U.S. District Court, SDNY Fraud: Company's deception marred swap of stock, plaintiffs Oct 01 Otsego Failure to Detect: Three doctors overlooked myocardial infarction, suit alleged May 25 Bronx Delayed Treatment: Unchecked allergic reaction led to quadriplegia, suit alleged Aug 24 Richmond Failure to Detect: Docs didn't recognize pregnant woman's contractions, suit alleged 5 Bliss v. Rowland Jan 03 Monroe Assault and Battery: Nightlife altercation ended with student paralyzed 6 Kane v. Galtieri Feb 15 Richmond Intentional Torts : Man killed ex-wife to regain pension benefits, suit alleged 7 Turley v. ISG Lackawanna Inc. Jun 12 U.S. District Court, WDNY Worker bosses allowed years of racist taunts Michael L. Calhoon, R. Stan Mortenson & Alexandra Walsh, Washington, $956,556,000 DC of Baker Botts, LLP Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000,000 Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 Michael R. Law, Rochester, NY of Phillips Lytle LLP $45,527,435 Warren F. van den Houten & Matthew Pavis, Staten Island, NY of Warren $31,736,043 van den Houten, Esq.; Inga Van Eysden, New York, NY of Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel Donald B. Eppers & Ryan J. Mills, Buffalo, NY of Brown & Kelly, LLP $25,325,000 8 Abreu v. M & M Truck & Body Repair Inc. 9 Zouaoui v. State of New York Mar 01 Bronx Speeding: Pedal-to-the-metal trucker toppled other truck, suit alleged Jul 27 Court of Claims, White Plains State ignored road's recurrent icy conditions, claimant alleged 10 Tesoriero v. Fisher Feb 07 Suffolk Failure to Test: Radiologist misdiagnosed cancerous tumor, plaintiff alleged 11 Munoz v. Hilton Hotels Corp. Sep 11 New York Elevation: Fall from ladder caused brain injury, 12 Wallace v. City of New York May 30 Bronx Tractor driver's U-turn caused crash, plaintiff 13 Loja v. Lavelle Jan 27 Westchester 14 Behringer v. United Cerebral Palsey Association of Niagara County Inc 15 Davids v. Novartis Pharmaceuticals Corp. 16 Ordonez v. 346 West 17th Street, LLC Landscaper hit by car while unloading trailer, lost leg Dec 18 Erie Group home's resident mocked, mistreated, suit alleged Nov 02 U.S. District Court, EDNY Design Defect: Drug caused osteonecrosis of jaw, Mar 02 New York Elevation: Worker's 20-foot fall caused injuries of head, spine Steven Michelstein & Richard Ashman, New York, NY of Michelstein & $21,980,000 Associates, PLLC; Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C.; Robert J. Genis, Bronx, NY of Sonin & Genis, Esqs. Daniel P. O'Toole, Robyn Brazzil (damages) & Nick Gjelaj (liability), New $20,181,484 York, NY of Block, O'Toole & Murphy, LLP Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 Joseph P. Carfora & Michael A. Rose, New York, NY of Hach & Rose, LLP $13,020,857 William Schwitzer, New York, NY of Dinkes & Schwitzer $11,600,000 Jonathan Rice, Dobbs Ferry, NY of Grant and Longworth, LLP $11,192,399 Terrence M. Connors & Joseph D. Morath, Jr., Buffalo, NY of Connors & Vilardo LLP John J. Vecchione, Fairfax, VA of Valad & Vecchione, PLLC; John J. Beins, Chevy Chase, MD of Beins, Goldberg & Hennessey, LLP John Dalli, Mineola, NY of Dalli & Marino, L.L.P.; Howard R. Borowick, trial counsel, New York, NY of Sacks & Sacks, LLP 17 Grossman v. Mari Jun 06 New York Car crash led to seizures, OCD, Thomas P. Giuffra, NY, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP; Adam D. Cahn, NY, NY of Sakkas, Cahn & Weiss, LLP 18 Mandel v. Brookler May 31 New York Misdiagnosis: Ignored infection traveled to pituitary gland, patient 19 Calano v. McCabe Jan 25 Richmond Assault: Alcohol fueled brawl at restaurant, 20 Hagins v. Miller Oct 03 Westchester Negligent Treatment: Dentists broke jaw, damaged nerve, patient alleged 21 Sieger v. Zak Sep 24 Nassau Breach of Warranty: Company's value understated in stock deal, pair 22 Oliver v. American Cargo Express Inc. 23 Estate of Benoit v. Interfaith Medical Center Apr 23 Bronx Man struck by van, spinal injuries will end career Jul 20 Kings Misdiagnosis: Wrong diagnosis led to fatal surgery, suit alleged 24 Reyes v. Marketing Werks Inc. Jun 15 Queens Plaintiff knockdown by SUV caused brain damage 25 Cromer v. Hank Starr Builder, LLC 26 Vasquez v. Urbahn Associates Inc. Aug 01 Ulster Elevation: Foot is useless since fall from ladder, painter Feb 15 New York Elevation: Building's collapse ended career, laborer Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz Schatz & Frederick, L.L.P. $11,100,000 $10,450,000 $10,015,000 $9,000,000 $8,600,000 George F. Sacco, Staten Island, NY of Purcell & Ingrao, P.C. $8,250,400 Christopher B. Meagher & Merryl F. Weiner, White Plains, NY of Meagher $7,663,260 & Meagher, P.C. Kevin Schlosser, Garden City, NY of Meyer, Suozzi, English & Klein P.C. $7,200,000 Patrick J. Mullaney, Middle Village, NY of Mullaney & Gjelaj, PLLC, trial $7,030,008 counsel to Law Office of Michael T. RIdge, Bronx, NY; Mitchell Koval, Hempstead, NY of Zemsky & Salomon, P.C. John Bonina, Brooklyn, NY of Bonina & Bonina, P.C. $7,000,000 Harlan A. Wittenstein, Forest Hills, NY of Wittenstein & Associates, P.C. $6,721,102 Richard Wedinger & Laurel Wedinger, Edison, NJ of Barry, McTiernan & $6,153,638 Wedinger Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $6,092, Raimondi v. Behar Oct 12 Nassau Failure to diagnose and treat hydrocephalu in married 22 year old mother of two proved fatal James Duffy, New York, NY of Duffy & Duffy $6,000,000 6 VerdictSearch s Top New York Verdicts of 2012

7 16 Court Street, Suite 1800 Brooklyn, NY Toll Free: MEDLAW1 ph: Bonina and Bonina, P.C. has been fighting for the victims of serious personal injury, medical malpractice and wrongful death for over 50 years. Senior Partner John Bonina fights for his clients with a passion and determination that has cemented the firm s stellar reputation and resulted in the firm obtaining more than $200 million in combined settlements and verdicts in the last 10 years alone. Bonina secured a $7 million wrongful death verdict in Estate of Benoit v. Interfaith Medical Center after proving to the jury that the patient s surgery had caused internal bleeding which was ignored by his surgeon, causing the wrongful death of a hardworking husband and father. His success can be traced to his extensive pretrial preparation, his use of technology in the courtroom, and his ability to get the jury to empathize with the deceased and his family. Bonina, who has been obtaining seven figure verdicts for clients for over 20 years, attributes the firm s consistent track record to its work ethic and use of technology in the courtroom. I will never allow myself to be at an information or preparation disadvantage in the courtroom, he notes. The firm has a five-lawyer team with more than 80 years of collective experience in medical malpractice law and personal injury litigation. While they handle a range of cases, the firm remains selective about those it accepts in order to provide clients with personalized attention. John Bonina is AV Preeminent rated by Martindale-Hubbell and has been selected for inclusion in The Best Lawyers in America and New York Super Lawyers every year since 2007.

8 2012 TOP VERDICTS NY TOP 10 CASE SUMMARIES NUMBER ONE INTENTIONAL TORT Fraud Misrepresentation Company s deception marred swap of stock, plaintiffs AMOUNT $956,556,000 TYPE CASE VENUE JUDGE TRIAL LENGTH 4 weeks TRIAL DELIBERATIONS 1.5 days JURY VOTE 12-0 DATE June 25, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Verdict-Plaintiff Liberty Media Corp. v. Vivendi Universal S.A. U.S. District Court SDNY Shira Scheindlin LMC USA X Inc., LMC Capital LLC, LMC USA VI Inc., LMC USA VII Inc., LMC USA VIII Inc., Liberty Media Corp., Liberty Programming Co. LLC, Liberty HSN LLC, Holdings Inc., Liberty Media International Inc. Michael L. Calhoon; Baker Botts, LLP; Washington, DC Craig Elson; Economics; Chicago, IL FACTS & ALLEGATIONS In May 2002, plaintiff Liberty Media Corp., an Englewood, Colo.-based distributor of televised entertainment, acquired 37.6 million shares of Paris-based Vivendi Universal, which distributes films, musical recordings, televised entertainment and other forms of entertainment. Vivendi Universal had acquired a company, USA Networks, that was partially owned by Liberty Media, and the stock s transfer represented Liberty Media s compensation. The deal had been struck in December During a period that spanned January 2002 and August 2002, Vivendi Universal s stock s value plummeted. Liberty Media that Vivendi Universal had concealed adverse developments that would have inevitably reduced the value of the company s stock. Liberty Media and several subsidiaries sued Vivendi Universal, Chief Executive Officer Jean-Marie Messier, Chief Financial Officer Guillaume Hannezo and the Vivendi Universal subsidiary that controlled USA Networks, Universal City, Calif.-based Universal Studios Inc. The plaintiffs alleged that Vivendi Universal s actions constituted fraud and a breach of warranty. Plaintiff s counsel that Vivendi Universal s operating officers repeatedly and intentionally overstated the company s health. They contended that the officers concealed a lack of liquid assets, and they that insufficient liquidity ultimately caused the dramatic decrease of the value of the company s stock. Defense counsel that the media had thoroughly reported the decreasing liquidity of Vivendi Universal s assets, and they contended that Liberty Media should have been aware of that situation. They also that other factors caused the decrease of the value of Vivendi Universal s stock. INJURIES/DAMAGES Plaintiffs counsel that Vivendi Universal s operating officers fraudulently overstated the company s health, and they contended that the fraudulent acts artificially inflated the value of the company s stock. They that the stock s value plummeted when the company s true health was revealed, and they contended that Liberty Media s Vivendi Universal holdings decreased by 841 million euros. The plaintiffs sought recovery of that amount. The defense s expert economist estimated that poor liquidity could not have caused a loss of more than 172 million euros, though defense counsel also suggested that poor liquidity did not affect the value of Vivendi Universal s stock. RESULT On June 25, 2012, the jury found that the plaintiffs damages totaled 765 million euros. The New York Stock Exchange s contemporaneous dollars-to-euros conversion rate was to-1. Thus, 765 million euros equaled $956,556,000. EDITOR S COMMENT This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter s phone calls. NUMBER TWO MEDICAL Medical Malpractice Failure to Detect, Cardiac Care Three doctors overlooked myocardial infarction, suit alleged AMOUNT $144,690,039 TYPE Verdict-Plaintiff CASE Sohl v. Bassett Healthcare Network VENUE Otsego JUDGE Michael V. Coccoma DEMAND $1,800,000 (from A.O. Fox Memorial Hospital) OFFER $475,000 (by A.O. Fox Memorial Hospital; subsequently withdrawn) TRIAL LENGTH 8 days TRIAL DELIBERATIONS 3 hours JURY VOTE 6-0 JURY COMPOSITION 4 male/ 2 female INJURY TYPE(S) other catheterization; cardiac - myocardial infarction DATE October 1, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Debora L. Sohl James D. Linnan; Linnan & Fallon, LLP; Albany, NY James Lambrinos Ph.D.; Economics; Clifton Park, NY Peter Sosnow, Emergency Medicine; Albany, NY; Roland Phillips, Cardiology; Saratoga Springs, NY Medical Liability Mutual Insurance Co. FACTS & ALLEGATIONS During the morning of Jan. 26, 2009, plaintiff Debora Sohl, 47, an office s manager, presented to A.O. Fox Memorial Hospital, in Oneonta. -Continued on p10 TOP 30 NEW YORK VERDICTS IN Jupiter v. United States of America Dec 20 U.S. District Court, EDNY Surgical Error: Surgeon's unneeded cut had fatal result, suit alleged 29 Mata v. City of New York Sep 26 Bronx Crosswalk's damaged surface a hazard, plaintiff 30 Ramirez v. NYC School Construction Authority Dec 12 Bronx Elevation: Local 79 shop steward fell from ladder at Bronx highschool fracturing his leg Steven E. North, New York, NY of Steven E. North, P.C.; Laurence M. Deutsch, New York, NY of Laurence M. Deutsch Law Firm, P.C. $5,900,000 Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP $5,700,000 Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $5,390,101 8 VerdictSearch s Top New York Verdicts of 2012

9 FOR 60 YEARS NO ONE HAS FOUGHT HARDER FOR THE CIVIL JUSTICE SYSTEM THAN NYSTLA The New York State Trial Lawyers Association has been protecting consumers, ensuring that the wrongly injured have access to justice and providing the public with ethical and well-trained lawyers since Join our fight, become a member today. PLEASE JOIN US: At our upcoming Law Day dinner on May 8th, honoring the Hon. Jenny Rivera, with a special presentation by Chief Judge Jonathan Lippman. With our campaign to end distracted driving: NYSTLA is leading the way in educating the public about the dangers of texting while driving. In our outstanding program of CLEs, created and taught by the most preeminent and most respected trial lawyers in the state available live, and on CD, DVD and online

10 2012 TOP VERDICTS NY -Continued from p8 She reported that she was suffering an extremely painful condition of her chest. She also reported nausea. Sohl was examined by Dr. James Rice. Rice prescribed two painkillers: hydromorphone and morphine. He also prescribed medication that was intended to relieve Sohl s nausea. After several hours had passed, Sohl underwent an electrocardiography. Rice determined that further observation was necessary. Sohl that her pain worsened. After three hours had passed, she underwent another electrocardiography. Rice opined that the test s results were reassuring, but Sohl was admitted to the hospital. Blood was drawn and tested, and Sohl was monitored by Dr. Blaine Jones. During the evening of Jan. 26, Jones received the results of the test of Sohl s blood. The results revealed an abnormally great level of troponin, which proliferates when a myocardial infarction occurs. Dr. Maciej Nowakowski prescribed medication, and he requested an evaluation by a cardiologist. During the ensuing morning, Sohl s family summoned an independent cardiologist. The cardiologist examined Sohl, reviewed the results of the electrocardiographies that Sohl had undergone and concluded that Sohl required immediate care. Sohl was transferred to another hospital, where doctors opined that she was suffering a myocardial infarction. Treatment was rendered, but Sohl suffers extensive damage of her heart. Sohl sued Jones, Nowakowski, Rice, A.O. Fox Memorial Hospital and the hospital s operator, Bassett Healthcare Network. Sohl alleged that Jones, Nowakowski and Rice failed to detect her myocardial infarction, that the failures constituted malpractice, and that the remaining defendants were vicariously liable for the doctors actions. Sohl s counsel subsequently discovered that the underlying incident predated Bassett Healthcare Network s oversight of A.O. Fox Memorial Hospital. As such, they discontinued the claim against Bassett Healthcare Network. They also discontinued the claims against Jones, Nowakowski and Rice. The matter proceeded to a trial against the hospital. Sohl s counsel that Sohl s myocardial infarction was occurring when she arrived at A.O. Fox Memorial Hospital. They contended that the electrocardiographies revealed distress and poor functioning of Sohl s heart, but that the tests results were not properly interpreted. Sohl s counsel also that the hospital s staff did not promptly process the blood that had been drawn from Sohl. They contended that four hours elapsed before the analysis was completed. They further that the analysis s results warranted an immediate evaluation by a cardiologist, but that Nowakowski did not request an immediate evaluation. They noted that Nowakowski specified that the cardiologist s evaluation would be performed after the cardiologist had completed the ensuing morning s examinations. Defense counsel contended that a myocardial infarction s symptoms include pain that radiates to an arm, the face and/or the jaw, but that Sohl did not report such 10 VerdictSearch s Top New York Verdicts of 2012 symptoms. He that Sohl suffered an insignificant myocardial infarction that was properly treated. INJURIES/DAMAGES Sohl that she sustained a prolonged myocardial infarction. She was transported to UHS Wilson Medical Center, in Johnson City. She underwent catheterization of her heart, and doctors opined that she was suffering near-total occlusion of her heart s left anterior descending artery. A stent was placed in the artery. During the catheterization, Sohl suffered dissection of her coronary artery. The dissection disrupted the flow of blood, and it necessitated the immediate performance of open surgery that included the application of two arterial grafts that bypassed the occluded portion of her left anterior descending coronary artery. Her hospitalization lasted 13 days, and she subsequently underwent extensive rehabilitation. Sohl that her myocardial infarction caused permanent damage that has halved her heart s ability. She contended that she must undergo extensive treatment that will include the implantation of a defibrillator, the implantation of a pump and the replacement of her heart. Sohl s counsel that Sohl s myocardial infarction should have been diagnosed during its initial stages. They contended that 26 hours passed before proper treatment was rendered, and they that prompt treatment would have prevented the extensive residual damage that Sohl sustained. Sohl further that she cannot perform tasks that require more than a minimal amount of stamina. She contended that she previously enjoyed training horses, but that she cannot resume that activity. She that she cannot work, that she cannot exercise and that she is dependent upon aides. Sohl sought recovery of future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Defense counsel contended that Sohl suffered an insignificant myocardial infarction, that her limitations are a result of the dissection that occurred during her catheterization and that she does not require additional treatment. However, Sohl s counsel noted that the catheterization was videotaped, and they that the videotape revealed that extensive necrosis had occurred prior to the catheterization. RESULT The jury found that the hospital s staff departed from an accepted standard of care. It determined that Sohl s damages totaled $144,690,039. $50,016,765 Personal Injury: Future Medical Cost$118,000 Personal Injury: Past Lost Earnings Capability$229,406 Personal Injury: FutureLostEarningsCapability$2,000,000 Personal Injury: Past Pain And Suffering$16,000,000 Personal Injury: Future Pain And Suffering$66,437 Personal Injury: cost of defibrillator$21,295 Personal Injury: maintenance of defibrillator$5,435,773 Personal Injury: cost of pump$13,309,112 Personal Injury: maintenance of pump$6,168,996 Personal Injury: cost of replacement of heart$51,324,255 Personal Injury: post-replacement maintenance of heart EDITOR S COMMENT This report is based on information that was provided by plaintiff s counsel. Defense counsel did not respond to the reporter s phone calls. NUMBER THREE MEDICAL Medical Malpractice Delayed Treatment, Failure to Monitor, Wrong Site/Procedure, Failure to Transfer, Prescription and Medication, Brain Injuries, Neurologist Unchecked allergic reaction led to quadriplegia, suit alleged AMOUNT $121,000,000 TYPE Verdict-Plaintiff CASE Martin v. New York City Health and Hospitals Corp. VENUE Bronx ACTUAL AWARD $119,790,000 JUDGE Robert E. Torres DEMAND $30,000,000 (total, from Brookdale University Hospital and Medical Center, New York City Health and Hospitals, and Pitem) OFFER $10,500,000 by (New York City Health and Hospitals); none (all other defendants) TRIAL LENGTH 26 days TRIAL DELIBERATIONS 1 day JURY VOTE 6-0 JURY COMPOSITION 2 male/ 4 female POST TRIAL Defense counsel has moved to set aside the verdict. INJURY TYPE(S) brain - brain damage; burns burns; other - swelling, allergic reaction; epidermis - epidermis, Stevens-Johnson syndrome; face/ nose face; pulmonary/respiratory anoxia; paralysis/quadriplegia - quadriplegia DATE May 25, 2012 PLAINTIFF(S) Jacqueline Martin PLAINTIFF ATTORNEY(S) Thomas A. Moore; Kramer, Dillof, Livingston & Moore; New York, NY PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) James Lambrinos Ph.D.; Economics; Clifton Park, NY; Sandra Gonchar M.S.N.; Life Care Planning; Staten Island, NY; Richard Lechtenberg M.D.; Neurology; Brooklyn, NY Adam Bender Neurology; New York, NY; Jane Mattson Life Care Planning; Norwalk, CT; Marc Grossman Dermatology; White Plains, NY; Roger Simpson Burn Medicine; Garden City, NY; Joseph Giacino Neuropsychology; Edison, NJ; Damanhuri Alkaitis Neuropsychology; Annapolis, MD -Continued on p12

11 217 Broadway New York, NY PH: FAX: Preparation, selectivity and dedication to clients, combined with a profound and intimate knowledge of the law, are the hallmarks of KDLM. In medical malpractice cases, labor law and negligence cases, the team of Thomas Moore and Judy Livingston has won more than 100 verdicts over $1 million. It s little wonder that KDLM was named to The National Law Journal s Plaintiff s HOT LIST. What s more, Tom Moore and Judy Livingston are members of the elite trial attorney s group, The Inner Circle of Advocates, and both are listed in The Best Lawyers in America, published by Woodward-White. With more than $1 billion in verdicts to its record, KDLM takes on only those cases it believes in. Topping off its achievements, the firm won the highest judgment ever upheld in the state of New York for injuries to a person: $28.9 million in a medical malpractice case involving a brain-damaged child. The case made the front page of the New York Times, and resulted in changes to an arcane law that now affords greater protection to malpractice plaintiffs. For more than 30 years, KDLM partners have contributed a regular column on Medical Malpractice to the New York Law Journal. Since 1997, that column has been coauthored by Thomas Moore and partner Matt Gaier. With just five attorney partners and seven attorney associates, and sufficient financial resources to take any case from beginning through trial regardless of the size of the opponent, KDLM has had an extraordinary success rate in representing plaintiffs in medical malpractice and negligence cases. Who calls on KDLM for help? A large number are parents of children injured at birth. Among them: a dishwasher, a waiter, a homemaker, a judge. But not all victims are children; some are single adults, others have families to support. One is a cop, others a construction worker, a teacher, a writer, a sports announcer. Several are physicians who have been injured by negligence or medical malpractice. Many are wives and husbands who have lost their spouses due to negligence, or the failure to diagnose cancer or an operation done poorly. What they all share is a need to find justice after suffering debilitating injury and loss. New York Law Journal Top New York Verdicts of 2012 #3 of Top 30 Verdicts and #2 in Medical Malpractice Martin v. New York City Health & Hospitals Corp. $121,000, Unchecked allergic reaction led to quadriplegia, suit alleged 5/25/2012 Bronx County

12 2012 TOP VERDICTS NY -Continued from p10 FACTS & ALLEGATIONS On Feb. 18, 2004, plaintiff Jacqueline Martin, 37, a claims adjuster, presented to The Brookdale University Hospital and Medical Center, in Brooklyn. Martin was suffering swollenness of her eyes, her face and her throat. The condition was caused by her use of Dilantin, which is a drug that prevents seizures. The drug had been prescribed by Martin s neurologist, Dr. Michael Pitem. The hospital s staff provided minor treatment, and Martin was quickly discharged. Martin s condition worsened. On Feb. 20, 2004, she presented to Kings County Hospital Center, in Brooklyn. A dermatologist determined that Martin was suffering Stevens-Johnson syndrome, which is a hypersensitive condition that involves separation of the dermis and epidermis. The condition is a result of an allergic reaction. Martin was admitted to the hospital. Martin s condition worsened during her hospitalization. On Feb. 24, 2004, she was transferred to Jacobi Medical Center, in the Bronx. She was assigned to a unit that was devoted to the treatment of burns, and her treatment included the intravenous administration of immunoglobulin, which is a protein that diminishes allergic reactions. The treatment halted the progression of her Stevens-Johnson syndrome, but her health and respiration deteriorated. On Feb. 26, 2004, she suffered cardiopulmonary arrest that caused catastrophic damage of her brain. Martin s mother, Melvina Pope, that Martin s cardiopulmonary arrest was a result of a failure to promptly diagnose and treat Martin s Stevens-Johnson syndrome. Pope, acting as Martin s guardian ad litem, sued Pitem; Pitem s practice, KSP Neurological Associates, PLLC; the Brookdale University Hospital and Medical Center; and the operator of Jacobi Medical Center and Kings County Hospital Center, the New York City Health and Hospitals Corp. Pope alleged that Pitem and the Brookdale University Hospital and Medical Center s staff failed to properly address Martin s allergic reaction, that Kings County Hospital Center s staff failed to properly and timely address Martin s Stevens-Johnson syndrome, that Jacobi Medical Center s staff failed to promptly assess and treat Martin s condition, that the failures constituted malpractice, that KSP Neurological Associates was vicariously liable for Pitem s actions, and that New York City Health and Hospitals was vicariously liable for the actions of the staffs of Jacobi Medical Center and Kings County Hospital Center. Plaintiff s counsel ultimately discontinued the claim against KSP Neurological Associates. The matter proceeded to a trial against the remaining defendants. Plaintiff s counsel that Martin s Stevens-Johnson syndrome was a response to her use of Dilantin. He contended that her initial swollenness should have prompted a discontinuation of the drug. He that Pitem and the Brookdale University Hospital and Medical Center s staff failed to discontinue her use of the drug. Plaintiff s counsel noted that Martin s Stevens-Johnson syndrome was adequately stalled by the administration of immunoglobulin, and he contended that the treatment should have been rendered by the staff of Kings County Hospital Center. He also contended that the hospital s staff did not promptly address the worsening of Martin s condition. He that Jacobi Medical Center s doctors could have provided better treatment, but that several days passed before Martin was transferred to that facility. Plaintiff s counsel also that Jacobi Medical Center s staff did not promptly detect the impairment of Martin s respiration. He contended that the hospital s records did not document adequate monitoring of her condition. He also contended that the hospital s staff failed to properly address the condition. He that Martin s condition necessitated oxygenation via intubation, but that the hospital s staff unsuccessfully attempted other means of oxygenation. He contended that her respiration worsened and led to cardiopulmonary arrest. He also contended that 10 minutes passed before intubation was attempted, and he that the late and improper treatment allowed anoxic damage of Martin s brain. Pitem s counsel contended that Martin was promptly directed to discontinue her use of Dilantin, that she heeded the instruction and that the drug s use ceased on Feb. 18. New York City Health and Hospitals counsel contended that the medical community has not espoused an accepted method of treating Stevens-Johnson syndrome. They acknowledged that Jacobi Medical Center s records suggested that Martin was not adequately monitored, but they that she was continually monitored. They also that the hospital s staff properly addressed the impairment of Martin s respiration. They contended that intubation would not have provided a more effective means of oxygenation. INJURIES/DAMAGES In February 2004, Martin suffered an allergic reaction. The condition initially caused swollenness of her eyes, her face and her throat, but she subsequently developed Stevens-Johnson syndrome, which caused burns of more than 80 percent of her body s skin. She also suffered impairment of her respiration. The condition progressed, and she sustained cardiopulmonary arrest that caused anoxic damage of her brain. She suffers quadriplegia. In March 2004, Martin was admitted to a residential facility that provided constant aid and supervision. In August 2009, she was moved to her mother s home. Martin s mother sought recovery of Martin s past and future medical expenses, Martin s past and future lost earnings, and damages for Martin s past and future pain and suffering. RESULT The jury found that the defendants were liable for Martin s injuries, though Martin was assigned 1 percent of the liability. Jacobi Medical Center was assigned 50 percent of the liability; Kings County Hospital Center was assigned 40 percent of the liability; the Brookdale University Hospital and Medical Center was assigned 5 percent of the liability; and Pitem was assigned 4 percent of the liability. The jury determined that Martin s damages totaled $121 million, but the comparative-negligence reduction produced a net recovery of $119,790,000. Breakdown: $5,000,000 Past Medical Cost; $26,000,000 Future Medical Cost; $50,000,000 Past Pain and Suffering; $30,000,000 Future Pain and Suffering; $10,000,000 lost earnings. EDITOR S COMMENT This report is based on information that was provided by plaintiff s counsel and counsel of Pitem and Brookdale University Hospital and Medical Center. New York City Health and Hospitals counsel did not respond to the reporter s phone calls, and KSP Neurological Associates counsel was not asked to contribute. NUMBER FOUR MEDICAL Medical Malpractice Failure to Detect, Childbirth, Cerebral Palsy, Birth Injury, OB-GYN Docs didn t recognize pregnant woman s contractions, suit alleged AMOUNT $103,075, TYPE CASE Verdict-Plaintiff Debes v. St. Vincent s Medical Center- Staten Island Richmond John A. Fusco VENUE JUDGE INJURY TYPE(S) brain - cerebral palsy DATE August 24, 2012 PLAINTIFF(S) Robert K. Debes, Stephanie Taylor Debes PLAINTIFF ATTORNEY(S) Richard J. Sgarlato; Sgarlato & Sgarlato PLLC; Staten Island, NY PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Les Seplaki Ph.D; Economic Analysis; Fort Lee, NJ; Kevin Weiner M.D.; Physical Rehabilitation; Brooklyn, NY; Daniel Adler M.D; Pediatric Neurology; Ridgewood, NJ; Thomas Naidich M.D.; Neuroradiology; New York, NY; Michael Plotnick M.D.; OB-GYN; Greeley, CO Mary D Alton Obstetrics; New York, NY; Paula Brill Pediatric Radiology; New York, NY; Jonathan Davis Neonatology; Boston, MA Medical Liability Mutual Insurance Co. FACTS & ALLEGATIONS During the early morning hours of Jan. 22, 1995, plaintiff Stephanie Taylor Debes and her twin were born. The deliveries were performed at St. Vincent s Hospital, in the West Brighton section of Richmond County. The twins birth occurred during their mother s 25th week of gestation, and it concluded a difficult final stage of pregnancy. On Jan. 13, 1995, their mother, Catherine Debes, experienced a premature rupture of her amniotic membrane. She was admitted to the hospital, where her care was monitored by her treating obstetricians, Drs. -Continued on p14 12 VerdictSearch s Top New York Verdicts of 2012

13 HARLAN WITTENSTEIN, ESQ Queens Blvd - Suite 203 Forest Hills, NY TOP 3 IN NEW YORK Harlan Wittenstein is proud to be recognized In New York s Top Verdicts again. Three years running in New York s Top Verdicts: Harlan Wittenstein has had 4 verdicts from motor vehicle cases listed in Top New York Verdicts. Those verdicts totaled over $10,000,000. The aggregate offers to settle those cases was under $600,000. Brooklyn native Harlan Wittenstein has never strayed far from his roots. A quintessential New Yorker, Harlan is no stranger to the streets or its people. Harlan connects with juries and judges because he sees those people for who they are. Never lost in the unique nature of a given circumstance, Harlan keenly dissects the case in order to determine how to best present it to a jury. He is skilled at selecting a jury which best suits the case in his trial bag. Once the jury box is full, Harlan is a gifted story-teller who weaves his vision of the evidence throughout the proceedings in an effort to persuade his audience of the righteousness of his client s cause. Harlan effectively continues building his rapport with the jury by offering up simple truths while pointing out the absurdities presented in his adversaries position. His examination of witnesses fosters his clear and convincing viewpoint and further constructs his credibility with the jury. Harlan s thoughts on cross examination are pretty clear. You treat a witness with dignity and a great deal of respect until they lie to the jurors faces. Then, you lead them down the path and expose them for what they are. There is no question that he is a tenacious litigator. He is passionate about his clients and fights to ensure that they are treated fairly by the justice system he firmly believes in. Harlan is always humbled by the faith his clients place in him and always wants them to feel like they got a fair shake. Defense attorneys and judges know and are typically warned that he is well-prepared for the variety of pitfalls which arise during a trial. This preparation allows him to dissect the complexities of the case in order to provide the jury with a simple vision of the truth. Respected Industry Lecturer and Leader: Harlan is recognized as a trial specialist and frequently lectures on such topics as Advanced Trial Tactics and Serious Injury Threshold and has lectured nationally. He is currently on the Board of Directors of New York State Academy of Trial Lawyers and is a past Chair of the Motor Vehicle and Premises Liability Section of the American Association of Justice. He sits on several committees including the Judicial Screening Committee. In spite of his trial acumen, Harlan is always trying to find new approaches to add to his arsenal. Harlan is not afraid to push the envelope by offering unique legal theories in court. He is willing to be a trail blazer if that is what his client requires. His clients are fortunate to have him in their corner. Harlan maintains his own practice as well as being trial counsel to other firms.

14 2012 TOP VERDICTS NY -Continued from p12 Louis Grecco and Michael Grecco. Rest was prescribed. On Jan. 21, 1995, Debes reported a painful condition of her abdomen. She was transported to the hospital, where a soporific drug was administered. After several hours had passed, a doctor determined that Debes was experiencing labor. The delivery was promptly performed, but doctors determined that Stephanie was suffering cerebral palsy. Debes that Stephanie s palsy was a result of a failure to prevent the child s premature delivery. Stephanie s father, Robert Debes, acting individually and as Stephanie s parent and natural guardian, sued St. Vincent s Hospital s operator, Saint Vincent s Catholic Medical Centers of New York Inc.; Louis Grecco and Michael Grecco; and their practice, OB/GYN Associates of Staten Island, P.C. The plaintiffs alleged that Louis Grecco, Michael Grecco and the hospital s staff failed to properly manage Catherine Debes pregnancy, that the failures constituted malpractice and that Saint Vincent s Catholic Medical Centers of New York was vicariously liable for the actions of the hospital s staff. Plaintiffs counsel that Stephanie s palsy was a product of a failure to recognize the onset of labor. They contended that Catherine Debes contractions began on Jan. 21, when she reported a painful condition of her abdomen, but that the contractions were not recognized by the hospital s staff. The plaintiffs expert obstetrician opined that a monitor s readings confirmed the contractions. Plaintiffs counsel that doctors could have administered a drug that would have delayed the delivery, and they noted that the drug had been effectively administered during two prior stages of Debes pregnancy. Plaintiffs counsel further that Stephanie s injury was a result of trauma that occurred during the infant s passage through her mother s vagina. They contended that the injury could have been prevented by performance of an episiotomy, which is an incision of the perineum- -the skin that separates the anus and the lower portion of the vagina. They also contended that a Caesarean delivery would have prevented the injury. They argued that Catherine Debes obstetricians should have directed performance of either procedure. Louis Grecco and Michael Grecco contended that they properly managed the delivery and the prenatal period. The hospital s counsel contended that monitors did not suggest that Debes was experiencing contractions, and he that doctors did not observe any indication that Stephanie was distressed. He contended that Stephanie s premature birth could not have been prevented. INJURIES/DAMAGES Stephanie suffers cerebral palsy. She cannot walk, and she cannot independently perform many everyday activities, which include bathing and defecating. Her mental abilities are not impaired, but she that she cannot perform meaningful work. Plaintiffs counsel contended that Stephanie must undergo extensive treatment that will address scoliosis, a problematic tendon and other conditions. Doctors expect that Stephanie will reside in an assisted-living setting. Stephanie sought recovery of her past and future medical expenses, her lost earnings, and damages for her past and future pain and suffering. Her father initially presented a derivative claim, but his claim was ultimately withdrawn. RESULT The jury rendered a mixed verdict. It found that Saint Vincent s Catholic Medical Centers of New York was entirely liable for Stephanie s injury. Liability was not assigned to Louis Grecco, Michael Grecco or their practice. The jury determined that Stephanie s damages totaled $103,075, EDITOR S COMMENT This report is based on court documents, information that was provided by plaintiffs counsel and information that was provided by defense counsel. NUMBER FIVE INTENTIONAL TORTS Intentional Torts - Assault and Battery Nightlife altercation ended with student paralyzed AMOUNT $45,527, TYPE Decision-Plaintiff CASE Bliss v. Rowland VENUE Monroe JUDGE Annmarie Taddeo TRIAL LENGTH 3 days INJURY TYPE(S) neck - fracture, fracture, C5, fracture, vertebra, fracture, C5; other - pins/ rods/screws; cardiac - cardiac arrest; surgeries/treatment - open reduction, internal fixation; mental/psychological - anxiety, depression; paralysis/ quadriplegia - tetraplegia, quadriplegia DATE January 3, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) Michael W. Bliss (Male, 21 Years) Michael R. Law; Phillips Lytle LLP; Rochester, NY Heinz Schamberger ; Chiropractic; Rochester, NY; Kelly Lance RN, BSN, CNLCP; Life Care Planning; Draper, UT; Kanakadurga Poduri ; Physical Rehabilitation; Rochester, NY Matthew McCabe Valuation; Jordan, NY FACTS & ALLEGATIONS At about 3:30 a.m. on March 28, 2008, plaintiff Michael Bliss, 22, a student, became involved in an altercation with three other patrons of the Steer Restaurant and Saloon, which is located at 3151 Main St., in Buffalo. Bliss and the others entered the premises parking lot, where Bliss was beaten and kicked. He sustained injuries that included a paralyzing fracture of his neck. Police arrested three men: Michael Gunderman, Charles Jordan and Kevin Rowland. Jordan and Rowland pleaded guilty to assault, but Gunderman was cleared of criminal responsibility. Bliss sued Gunderman, Jordan and Rowland. Bliss alleged that he was assaulted and battered by Jordan and Rowland. He further alleged that Gunderman s actions exacerbated the incident. Bliss counsel moved for summary judgment of Jordan s liability and Rowland s liability, and the motion was granted. Bliss, Gunderman and Jordan negotiated pretrial settlements. Gunderman agreed to pay $15,000, and Jordan agreed to pay $500,000. The matter proceeded to a trial that addressed the damages that Rowland would pay. INJURIES/DAMAGES Bliss was beaten and kicked. He sustained injuries that included a fracture of his C5 vertebra. He was placed in an ambulance, and he was transported to Erie County Medical Center, in Buffalo. His fracture was addressed via open reduction and the internal fixation of pins and screws. He also suffered two complete stoppages of his heart, though he was revived. Bliss fracture caused quadriplegia. He underwent extensive inpatient occupational and physical therapy, and he has regained some use of his arms. He has also regained some of his legs sensory ability. Doctors have opined that he suffers incomplete tetraplegia: quadriplegia with some preservation of sensation and muscular functionality. Bliss that he endures daily pain, that he experiences cramping and spasms of his legs, that his condition impairs his ability to sleep, that he suffers anxiety and depression, and that he fears that he will die. He contended that he experienced one episode in which he believed that death was imminent. Bliss doctors agree that Bliss will require lifelong assistance and treatment. Bliss has resumed college, albeit via online courses. He has also obtained a driver s license, but he requires a modified vehicle. He that he intends to pursue a career, though he contended that he would have obtained a master s degree and much more lucrative work if he had not been paralyzed. Bliss vocational-rehabilitation expert opined that Bliss will likely procure only transitory, parttime work. Bliss sought recovery of his past and future medical expenses, his past and future lost earnings, additional past and future economic damages, and damages for his past and future pain and suffering. RESULT Judge Annmarie Tadeo found that Bliss damages totaled $45,527, Breakdown: $433,923 Past Medical Cost; $18,813,965 Future Medical Cost; $191,324 Past Lost Earnings Capability; $6,729,790 Future Lost Earnings Capability; $3,500,000 Past Pain & Suffering; $7,000,000 Future Pain And Suffering; $21,923 past economic damages; $8,836,510 future economic damages. Actual Award: $46,042, Continued on p16 14 VerdictSearch s Top New York Verdicts of 2012

15 AREAS OF PRACTICE 267 North Street Buffalo, NY Specializing in Railroad, Workplace and Motor Vehicle Accidents When considering a lawyer to represent you for Railroad Accidents or to serve as co-counsel, consider the following verdicts achieved by John F. Collins, Esq. 1. Steve Turner v. CSX offer in the amount of $450,000; verdict in the amount of $2.8 million affirmed on appeal; settlement after CSX lost the appeal; 2. Canazzi v. CSX verdict in the amount of $1.6 million and appealed by CSX. Settled after CSX evaluated their Appellate chances and decided to settle; 3. Murphy v. CSX verdict in the amount of $975,000 and affirmed on appeal with 9% interest; settled after appeal for verdict plus interest at 9%; 4. Dougherty v. CSX verdict in the amount of $789,000 and affirmed on appeal. Settled for $830,000 after appeal lost and CSX had no place else to go for further appeals; 5. Grandfield v. CSX verdict in the amount of $250,000 and affirmed on appeal by the 1st Circuit Court of Appeals; settled for verdict plus costs and interest; CSX offered $0.00 and guaranteed a no-cause! 6. Robinson v. CSX verdict in the amount of $4.7 million and affirmed on appeal. CSX paid $5.2 million verdict and interest, after they lost all the appeals (offer was $850,000) and their bank account was about to be attached by the Sheriff; 7. Gondeck v. CSX - verdict in the amount of $1.2 million. CSX paid $1,000,000 after trial motions were denied; (offer at trial in the amount of $50,000) and resolved with second case ready for trial which CSX then settled; 8. Kupka v. CSX verdict in the amount of $1, less 35% comparative negligence. Summary judgment on judicial estoppel argument motions were denied; show cause to reargue denied; post-trial motions denied; judgment entered in the amount of $838, at 9% on November 1, 2012; offer was 0; Judgment filed in Erie County, Bond posted, amount owed approximately $870,000 as of today; 9. Nasca v. CSX verdict in the amount of $350,000 and judgment entered at 9%. CSX paid judgment; (offer before trial was in the amount of $2,500) and ($23,000 at the time of trial); case could have settled for $25,000 before trial; 10. Romero v. CSX verdict in the amount of $950,000 settled after post-trial motions wer e denied for verdict plus costs; CSX considered but never made formal offer of $1 million;

16 2012 TOP VERDICTS NY -Continued from p14 EDITOR S COMMENT This report is based on articles that were published by The Buffalo News and the Times Union, information that was provided by plaintiff s counsel, and information that was provided by Gunderman s counsel. Jordan s counsel did not respond to the reporter s phone calls, and Rowland, a pro se defendant, was not asked to contribute. NUMBER SIX INTENTIONAL TORTS Intentional Torts - Wrongful Death - Survival Damages Man killed ex-wife to regain pension benefits, suit alleged AMOUNT $31,736,043 TYPE Verdict-Plaintiff CASE Kane v. Galtieri VENUE Richmond JUDGE Philip G. Minardo TRIAL LENGTH 5 days TRIAL DELIBERATIONS 3 hours JURY VOTE 5-1 (Patricia Kane s damages); 6-0 (all other questions) JURY COMPOSITION 3 male/ 3 female INJURY TYPE(S) other - death, gunshot wound DATE February 15, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Patricia Kane (Male, 25 Years), Estate of Jeanne Kane (Male, 58 Years), New York City Police Pension Fund Warren F. van den Houten; Warren van den Houten, Esq.; Staten Island, NY; Matthew Pavis; Warren van den Houten, Esq.; Staten Island, NY; Inga Van Eysden; Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel; New York, NY Frank Tinari Ph.D.; Economics; South Orange, NJ; Kristin Roman ; Forensic Pathology; New York, NY FACTS & ALLEGATIONS On Jan. 30, 2007, plaintiff s decedent Jeanne Kane, a 58-year-old unemployed woman, was shot and killed. The incident occurred in the park-and-ride facility that is located alongside the intersection of the Korean War Veterans Parkway and the West Shore Expressway, in the Pleasant Plains section of Richmond County. The murder occurred during the wake of a contentious legal dispute in which Kane was assigned 99 percent of her ex-husband s pension. Her ex-husband, John Galtieri, a retired officer of the New York City Police Department, was alleged to have committed the murder. Galtieri was arrested and convicted, and he remains incarcerated. Kane s daughter, Patricia Kane, acting individually and as the administrator of her mother s estate, sued Galtieri. The plaintiffs alleged that Galtieri murdered Jeanne Kane. The New York City Police Pension Fund was deemed a statutory plaintiff, and Galtieri s wife, Marilyn Galtieri, became an intervening defendant. Plaintiffs counsel noted that Mr. Galtieri s pension provides monthly payments of $2,770. They further noted that Kane s legally determined share totaled $2,763. They also noted that Kane s entitlement would have continued until she died or married, and they contended that her murder was intended to end that entitlement. Patricia Kane that Galtieri carefully planned the murder. She noted that the murder occurred while she was a passenger of a bus that was traveling to the park-and-ride facility, where her mother would have retrieved her. She contended that her father had been observing her daily routines. Galtieri contended that he did not murder his ex-wife. He is appealing his conviction. However, his conviction established his liability for the civil component of the matter. Thus, this trial addressed damages. INJURIES/DAMAGES Kane sustained five gunshots. A coroner opined that the fatal shot struck Kane s head. The coroner also opined that Kane exhibited wounds that suggested that she fought her assailant. Plaintiffs counsel contended that Kane experienced terror and a fear of impending death. Kane died before medical attention could be administered. Plaintiffs counsel that Kane s murder was a planned, malicious, heinous and vindictive act. They noted that Patricia Kane believed that her father had been observing her daily routines. Jeanne Kane, 58, died Jan. 30, She was survived by her daughter. The estate sought recovery of wrongfuldeath damages that included the cost of Kane s funeral and burial, Kane s share of Galtieri s pension, and damages for Kane s terror, pain and suffering. The estate also sought $10 million for punitive damages. Kane s daughter that she endured the anguish and horror of seeing the scene of her mother s murder. She noted that she and her mother shared a residence, and she also contended that she was dependent upon her mother s guidance and support. She sought recovery of damages for her past and future pain, suffering and loss of parental guidance. Galtieri contended that he did not kill Jeanne Kane. He also contended that Kane was killed by the first gunshot, and, as such, he that she did not experience pain or suffering. He further that he had not been stalking his daughter. Galtieri also that Marilyn Galtieri was legally entitled to his pension. The couple divorced after his conviction, but the pension had been transferred to her. Plaintiffs counsel that the transfer was fraudulent. RESULT The jury found that the plaintiffs damages totaled $31,893,905. Breakdown: $543 Past Medical Cost; $20,000,000 Punitive Exemplary Damages; $133,056 loss of alimony and Social Security benefits; $692,725 additional monetary loss; $17,581 Wrongful Death: Funeral Burial Expense; $10,000,000 Wrongful Death: Survival; $1,000,000 Wrongful Death: Past Mental Angiush; $50,000 Wrongful Death: Future Loss Of Parental Guidance EDITOR S COMMENT This report is based on information that was provided by plaintiffs counsel and Marilyn Galtieri s counsel. The pro se defendant, John Galtieri, was not asked to contribute. NUMBER SEVEN EMPLOYMENT Employment - Race Discrimination, Hostile Work Environment; Civil Rights - Civil Rights Act of 1964 Worker bosses allowed years of racist taunts AMOUNT $25,325,000 TYPE Verdict-Plaintiff CASE Turley v. ISG Lackawanna Inc. VENUE U.S. District Court, WDNY ACTUAL AWARD $6,757,323 JUDGE William M. Skretny TRIAL LENGTH 3 weeks JURY VOTE 8-0 INJURY TYPE(S) mental/psychological - anxiety, depression, emotional distress POST TRIAL Defense counsel moved for remittitur. Judge William Skretny did not disturb the awards for Turley s emotional suffering, but punitive damages were reduced to $5 million. Skretny also awarded attorneys fees of $437,323. The adjustments produced a final recovery of $6,757,323. DATE June 12, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Elijah Turley Donald B. Eppers; Brown & Kelly, LLP; Buffalo, NY; Ryan J. Mills; Brown & Kelly, LLP; Buffalo, NY Syed Jaffri M.D.; Psychiatry; Buffalo, NY; Christopher Pino Ph.D.; Psychology/ Counseling; Buffalo, NY FACTS & ALLEGATIONS During a period that spanned 2005 and 2009, plaintiff Elijah Turley, a processor operator, worked in the pickler department of the ArcelorMittal Steel mill that was located in Lackawanna. Turley, a black man, that he was frequently subjected to slurs by white co-workers. He contended that he was often addressed as n----r or boy, and he that the terms were commonly used throughout the facility. In December 2005, Turley filed a charge of discrimination. Turley that racially charged harassment persisted. He contended that, soon after filing his complaint, a sign reading 16 VerdictSearch s Top New York Verdicts of 2012

17 dancing gorilla appeared on the door of his work booth. He that slurs such as King Kong lives were painted on his work booth; that a noose holding a stuffed monkey was hung on one of his car s side-view mirrors; that thick black grease was applied to his chair; and that his life was threatened. Turley repeatedly reported the ongoing harassment to several supervisors: a department manager, Thomas Jaworski; a human-resources manager, Gerald Marchand; and a labor-relations manager, Larry Sampsell. The harassment persisted. Turley sued Jaworski; Marchand; Sampsell; ArcelorMittal Steel s operator, Mittal Steel USA Lackawanna Inc.; and several of that company s affiliates, Mittal Steel USA Inc., ISG Lackawanna Inc. and ISG Lackawanna, LLC. Turley alleged that he was subjected to discrimination that created a hostile work environment and violated Title VII of the Civil Rights Act of 1964 and the New York Human Rights Law. Plaintiff s counsel that Jaworski, Marchand and Sampsell did not properly address Turley s complaints. They contended that Marchand failed to institute effective workplace policies and training, that Sampsell penalized Turley for attending depositions related to the lawsuit and that all three men threatened to fire Turley after he complained. Plaintiff s counsel also contended that, in May 2006, Turley was assigned to report to a co-worker who had admitted graffiting the walls of Turley s work booth. Defense counsel contended that the graffiti was quickly removed; that the graffiting was promptly and fully investigated; that the person responsible was suspended and warned of further punishment; that the managers increased their time observing the floor to combat any hostility; and that the company conducted mandatory meetings in which employees were notified of a zero-tolerance policy regarding racism and vandalism. They also contended that Turley was uncooperative during the company s investigations. They that he requested that the investigating manager not speak with the employee who confessed to writing the graffiti and that he subsequently declined to comply with investigations without a lawyer present. Defense counsel acknowledged that a worker called Turley a gorilla, but they contended that a witness reported that the comment was made in jest and that Turley did not object. They that several other incidents were similar misunderstandings that were not racially motivated. They also that job requirements necessitated Turley s communication with certain workers who were alleged to have harassed him. INJURIES/DAMAGES Turley that he suffered anxiety, depression and severe emotional distress until the plant closed in He sought psychiatric treatment. Turley sought recovery of a total of $50 million in the initial complaint for emotional distress, hostile work environment and punitive damages. Plaintiff s counsel contended that the defendants oversight of the complaint was grossly negligent in that proper mechanisms to address civil-rights complaints were not implemented until December 2006 and that employees were unable to provide any signed documentation showing that they attended or understood the workplace discrimination/harassment training that was provided. Defense counsel argued that punitive damages did not apply because multiple programs existed to combat discrimination; that the rules were sent to all employees; that several employees testified that they were aware of the regulations; and that Turley had avenues for his civil-rights complaints. RESULT The jury found that Turley was subjected to a hostile work environment and that Jaworski, Marchand, Sampsell and ArcelorMittal Steel failed to properly address the hostility. It also deemed Sampsell s actions extreme and outrageous. The jury determined that Turley s damages totaled $25,325,000. The corporate defendants are responsible for a total of $25.25 million, which includes punitive damages of $24 million; Jaworski is responsible for $10,000; Marchand is responsible for $25,000; and Sampsell is responsible for $40,000, which includes punitive damages of $5,000. Breakdown: $24,005,000 Personal Injury: Punitive Exemplary Damages; $1,060,000 Personal Injury: hostile work environment; $260,000 Personal Injury: intentional infliction of emotional distress. EDITOR S COMMENT This report is based on court documents, information that was provided by plaintiff s counsel and information that was provided by defense counsel. NUMBER EIGHT MOTOR VEHICLE Motor Vehicle - Speeding, Broadside, Intersection, Multiple Vehicle, Passenger Pedal-to-the-metal trucker toppled other truck, suit alleged AMOUNT $21,980,000 TYPE Verdict-Plaintiff CASE Abreu v. M & M Truck & Body Repair Inc. VENUE Bronx JUDGE Fernando Tapia DEMAND $2,000,000 (total, by both plaintiffs) OFFER None TRIAL LENGTH 3 weeks TRIAL DELIBERATIONS 4 hours JURY VOTE 6-0 JURY COMPOSITION 2 male/ 4 female POST TRIAL Defense counsel has moved for a new trial. Alternatively, he is seeking a reduction of the awards for the plaintiffs medical expenses. INJURY TYPE(S) knee - medial meniscus tear; chondromalacia patella; cervical disc protrusion; ankle ligament tear; torn rotator cuff; surgeries/treatment - arthroscopy, knee surgery, chiropractic, physical therapy DATE March 1, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Manuel Abreu, Agapito Lopez Robert J. Genis; Sonin & Genis, Esqs.; Bronx, NY; Gerard Lucciola; Rosato & Lucciola, P.C.; New York, NY; Steven Michelstein; Michelstein & Associates, PLLC; New York, NY; Richard Ashman; Michelstein & Associates, PLLC; New York, NY Sana Bloch ; Neurology; Bronx, NY; Brian Haftel ; Pain Management; Bronx, NY; Thomas Fitzgerald ; Economics; New York, NY; Randall Ehrlich ; Orthopedics; Staten Island, NY; Lopez Nicholas Bellizzi ; Accident Reconstruction; Holmdel, NJ Peter Godsick Orthopedics; New York, NY; William Head Neuropsychiatry; Staten Island, NY Scottsdale Insurance Co. FACTS & ALLEGATIONS On Nov. 6, 2007, plaintiff Agapito Lopez, 41, a truck driver, was driving on Faile Street, near its intersection at Viele Avenue, in the Hunts Point section of the Bronx. Plaintiff Manuel Abreu, 37, a truck driver, was a passenger. While Lopez was proceeding through the intersection, his 26-foot-long truck s right side was struck by a tractor-trailer that was being driven by Librado Sanchez, who was traveling on Viele Avenue. Lopez s truck flipped onto its left side. Abreu that he sustained injuries of an ankle, a knee and a shoulder. Lopez that he sustained injuries of a knee and his neck.the deal had been struck in December During a period that spanned January 2002 and August 2002, Vivendi Universal s stock s value plummeted. Liberty Media that Vivendi Universal had concealed adverse developments that would have inevitably reduced the value of the company s stock. Abreu and Lopez sued Sanchez and his vehicle s owner, M & M Truck & Body Repair Inc. Abreu and Lopez alleged that Sanchez was negligent in the operation of his vehicle. They further alleged that M & M Truck & Body Repair was vicariously liable for Sanchez s actions. Lopez that the collision occurred after his truck had cleared about 75 percent of the intersection. He contended that Sanchez was speeding. Sanchez contended that Lopez ignored a stop sign that governed his entrance to the intersection. INJURIES/DAMAGES Abreu was placed in an ambulance, and he was transported to Lincoln Medical and Mental Health Center, in the Bronx. He underwent X-rays and minor treatment. Abreu ultimately that he sustained a tear of his left shoulder s rotator cuff, a tear of his left knee s -Continued on p18 VerdictSearch s Top New York Verdicts of

18 2012 TOP VERDICTS NY -Continued from p17 medial meniscus and tears of ligaments of his left ankle. He underwent arthroscopic surgery that addressed the injuries of his left knee and shoulder, and he underwent open surgery that addressed the injuries of his left ankle. He also undergoes physical therapy. Abreu that he suffers residual pain and limitations that prevent his resumption of work. He sought recovery of his past and future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering. Lopez was placed in an ambulance, and he was transported to Lincoln Medical and Mental Health Center, in the Bronx. He underwent X-rays and minor treatment. Lopez ultimately that he sustained a protrusion of an intervertebral disc of his spine s cervical region. He also that he sustained a tear of his left knee s meniscus. He contended that his left knee developed chondromalacia: softening of the cartilage. Lopez s left knee s injuries were addressed via arthroscopic surgery. He also undergoes chiropractic manipulation and physical therapy, but he that his neck and left knee remain painful. He contended that his pain prevents his resumption of work. Lopez s treating doctors opined that Lopez will have to undergo replacement of his left knee, removal of his problematic disc and fusion of the associated portion of his spine. Lopez sought recovery of his past and future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering. RESULT The jury found that the defendants were liable for the accident. It determined that the plaintiffs damages totaled $21.98 million. $2,000,000 Personal Injury: Past Medical Cost; $4,000,000 Personal Injury: Future Medical Cost; $200,000 Personal Injury: Past Lost Earnings Capability; $400,000 Personal Injury: Future Lost Earnings Capability; $160,000 Personal Injury: Past Pain And Suffering; $320,000 Personal Injury: Future Pain And Suffering $4,000,000 Personal Injury: Past Medical Cost; $9,000,000 Personal Injury: Future Medical Cost; $400,000 Personal Injury: Past Lost Earnings Capability; $600,000 Personal Injury: Future Lost Earnings Capability; $300,000 Personal Injury: Past Pain And Suffering; $600,000 Personal Injury: Future Pain And Suffering EDITOR S COMMENT This report is based on information that was provided by plaintiffs and defense counsel. 18 VerdictSearch s Top New York Verdicts of 2012 NUMBER NINE MOTOR VEHICLE Transportation - Roadways Motor Vehicle - Center Line, Ice, Dangerous Condition, Multiple Vehicle Government - State and Local Government State ignored road s recurrent icy conditions, claimant alleged AMOUNT $20,181,484 TYPE Decision-Plaintiff CASE Zouaoui v. State of New York VENUE Court of Claims, White Plains JUDGE Stephen J. Mignano INJURY TYPE(S) arm - fracture, fracture, ulna, crush injury, arm, fracture, humerus elbow - fracture, elbow, dislocation other - infection, resection, bone graft, MRSA infection, comminuted fracture, muscle, damage/ loss, avulsion (non-fracture) neurological - nerve damage/neuropathy, nerve damage, ulnar nerve surgeries/treatment - open reduction, internal fixation DATE July 27, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) Mary Zouaoui, Slim Zouaoui Daniel P. O Toole; Block, O Toole & Murphy, LLP; New York, NY; Nick Gjelaj (liability); Block, O Toole & Murphy, LLP; New York, NY; Robyn Brazzil (damages); Block, O Toole & Murphy, LLP; New York, NY Alan Leiken Ph.D.; Economics; East Setauket, NY; John McManus P.E.; Accident Reconstruction; Purchase, NY; Edwin Richter M.D.; Pain Management; New York, NY; James Shultz P.E.; Accident Reconstruction; Lancaster, PA; Robert Koch ; Plastic Surgery/ Reconstructive Surgery; Goshen, NY; Charles Kincaid Ph.D.; Vocational Rehabilitation; Hackensack, NJ; Richard Magill M.D.; Orthopedics; Dobbs Ferry, NY Michael Elia Orthopedic Surgery; Bronxville, NY; William Fitzpatrick Engineering; Hyde Park, NY FACTS & ALLEGATIONS At about 11 p.m. on March 11, 2007, claimant Slim Zouaoui, 32, an executive, was driving on the eastbound side of Route 6, near its intersection at Mahopac Avenue, in Somers. Icy conditions were prevalent. Zouaoui s car collided with a westbound vehicle that was being driven by Marc Gutterman. Zouaoui that he sustained injuries of an arm and an elbow. Zouaoui sued Route 6 s maintainer, the state of New York. He alleged that the state was negligent in its maintenance of the road. He further alleged that the state s negligence created a dangerous condition that caused the accident. In a separate filing in Westchester County Court, Zouaoui sued Gutterman, the owner of Gutterman s vehicle, the town of Somers and Westchester County. That case resulted in a settlement. Terms were not disclosed. Zouaoui that Gutterman s vehicle skidded on ice, crossed Route 6 s double yellow center line and struck his vehicle s left side. He contended that Gutterman was maintaining an excessive, unsafe speed, but he that the accident s primary cause was an icy roadway. Zouaoui s counsel noted that witnesses reported that ice covered both sides of the road throughout a distance of about 100 yards. Zouaoui s counsel presented photographic evidence that demonstrated that vegetation was growing over and under the guardrails that framed the road. They contended that the vegetation prevented proper drainage of the roadway and led to recurrent icy conditions. They also presented testimony and evidence that established that icy conditions had caused several other accidents in the immediate area during the nine days that preceded the instant accident. One witness, an employee of the New York State Department of Transportation, opined that the instant accident occurred during conditions that were as dangerous [as] you could get on a roadway. He that his maintenance crew had been aware of recurrent icy hazards during the two to three weeks that preceded the accident, and he contended that the crew had deemed the area a hot spot that required babysitting maintenance that included constant checks and corrective measures. However, he acknowledged that those measures were abandoned during weekends, and claimant s counsel noted that the accident occurred on a Sunday. Defense counsel contended that Route 6 was properly maintained during weekends and weekdays. The defense s expert engineer opined that the accident was a result of each driver s failure to maintain a safe speed. He also opined that any icy conditions were a natural occurrence that would have resulted from airborne moisture. INJURIES/DAMAGES Zouaoui sustained crushing injuries of his left, dominant arm. The injuries included a comminuted fracture of the arm s humerus, near the elbow; destruction of the humerus s trochlea and medial epicondyle, which are upper components of the elbow; a fracture of the forearm s ulna; a dislocation of the proximal radioulnar joint, which is a lower component of the elbow; transection of the arm s ulnar nerve; and an avulsion of the forearm s flexor pronator muscle. Zouaoui was placed in an ambulance, and he was transported to Westchester Medical Center, in Valhalla. His fractures were addressed via open reduction and internal fixation, and his hospitalization spanned about 17 days. During the ensuing two years, Zouaoui underwent about 20 surgeries. The procedures were intended to repair the arm s structure and functionality, and they included the resection of about 2 inches of the humerus, the implantation of antibiotic cement and cadaverous bone, and the application of a graft of muscle. During the ensuing

19 three years, he underwent eight additional procedures that were intended to improve the arm s functionality. He endured about 20 hospitalizations, and he developed four methicillin-resistant Staphylococcus aureus infections. The infections were addressed via antibiotics that were administered through his heart. Zouaoui that his prolonged need for antibiotic and narcotic medications led to his development of hemorrhoids, which necessitated a hemorrhoidectomy, and a Clostridium difficile infection. Zouaoui contended that his left arm is chronically painful and nearly functionless. He that he previously enjoyed playing guitar and participating in billiards competitions, but that his left arm s condition prevents his resumption of those activities. He also that his injuries stalled and stagnated a promising career. He contended that he requires lifelong medical treatment that will likely include fusion of his left elbow. Zouaoui sought recovery of his past and future medical expenses, his future lost earnings, damages for his past and future loss of household services, and damages for his past and future pain and suffering. His wife, Mary Zouaoui, sought recovery of damages for her past and future loss of services. RESULT On April 13, 2011, Judge Stephen Mignano found that the state was entirely liable for the accident. On June 6, 2012, Mignano determined that the claimants damages totaled $20,181,484. Breakdown: $250,000 Personal Injury: Past Loss Of Services; $500,000 Personal Injury: Future Loss Of Services; $1,507,929 Personal Injury: Past Medical Cost; $1,558,778 Personal Injury: Future Medical Cost; $4,983,030 Personal Injury: Future Lost Earnings Capability; $4,000,000 Personal Injury: Past Pain And Suffering; $7,000,000 Personal Injury: Future Pain And Suffering; $22,786 Personal Injury: past loss of household services; $358,961 Personal Injury: future loss of household service EDITOR S COMMENT This report is based on court documents and information that was provided by claimants counsel. Defense counsel did not respond to the reporter s phone calls. NUMBER TEN MEDICAL MALPRACTICE Medical Malpractice - Failure to Test, Failure to Diagnose, Cancer Diagnosis, Breast Cancer, Radiology, Radiologist Radiologist misdiagnosed cancerous tumor, plaintiff alleged AMOUNT $15,000,000 TYPE Verdict-Plaintiff CASE Tesoriero v. Fisher VENUE Suffolk JUDGE Hector D. LaSalle TRIAL LENGTH 12 days TRIAL DELIBERATIONS 1 day JURY VOTE 6-0 JURY COMPOSITION 6 female INJURY TYPE(S) other - mastectomy, radiation therapy cancer - cancer, chemotherapy, breast DATE February 7, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Stephanie Tesoriero Robert V. Fallarino; Pegalis & Erickson, L.L.C.; Lake Success, NY Barry Mann ; Oncology; Wynnewood, PA; Steven Reichard ; Radiology; Middletown, NY Mark Fialk Oncology; White Plains, NY; Lillian Stern Radiology; Philadelphia, PA Academic Health Professionals Insurance Association FACTS & ALLEGATIONS On Oct. 1, 2002, plaintiff Stephanie Tesoriero, 42, a homemaker, presented to a radiologist, Dr. Paul Fisher. Tesoriero reported that she had detected a mass that occupied one of her breasts. Fisher performed a mammography, and he determined that the mass s density did not exceed normal parameters. He opined that the growth was a benign cyst, and he suggested that a follow-up examination would be performed after a year had passed. On Feb. 24, 2004, Tesoriero learned that she was suffering cancer of the same breast. A doctor discovered a tumor whose size approximated that of a golf ball. Tesoriero underwent aggressive treatment, but her cancer has spread to other areas of her body. Her condition is considered terminal. Tesoriero that her cancer could have been diagnosed in October 2002, and she contended that prompt treatment could have eradicated her disease. Tesoriero sued Fisher. She alleged that Fisher failed to diagnose her cancer. She further alleged that Fisher s failure constituted malpractice. contended that a biopsy and a sonography should have been performed. He that a prompt diagnosis would have increased Tesoriero s likelihood of surviving her disease. Defense counsel contended that Tesoriero s cancerous tumor did not occupy the area that Fisher had examined. Thus, he that her cancer developed after the examination that Fisher performed. Fisher contended that he was not able to fully palpate the mass, and, as such, he that he reasonably assumed that the mass was a cyst. He also that the mammography s normal results obviated the need for a biopsy or a sonography. INJURIES/DAMAGES On Feb. 24, 2004, Tesoriero learned that she was suffering cancer of a breast. She underwent a mastectomy, six months of chemotherapy, the application of radiation and the administration of hormonal medication. The treatment initially caused remission of her cancer. However, in 2005, doctors determined that the disease had spread to her spine s lumbar region. Tesoriero underwent additional chemotherapy, and she also underwent the application of radiation. In 2011, doctors determined that the disease had spread to one of her hips, her pelvis and her spine s thoracic region. She undergoes chemotherapy, and the treatment is expected to continue throughout the remainder of her life. Her condition is considered terminal. Plaintiff s counsel that Tesoriero s cancer was not promptly diagnosed. He contended that prompt treatment would have allowed minimally invasive treatment, and he that a prompt diagnosis would have increased Tesoriero s likelihood of survival. Tesoriero sought recovery of damages for her past and future pain and suffering. The defense s expert oncologist opined that Tesoriero s cancerous tumor formed during the three months that preceded its diagnosis. The parties stipulated that Tesoriero s damages could not exceed $1.5 million. RESULT The jury found that Fisher departed from an accepted standard of medical care. It determined that Tesoriero s damages totaled $15 million, but Tesoriero s recovery was reduced to the stipulated limit: $1.5 million. Breakdown : $5,000,000 Personal Injury: Past Pain And Suffering; $10,000,000 Personal Injury: Future Pain And Suffering EDITOR S COMMENT This report is based on information that was provided by plaintiff s and defense counsel. Plaintiff s counsel that Fisher did not thoroughly investigate the nature of the mass that he observed. He VerdictSearch s Top New York Verdicts of

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