NEED A BIG APPLE LAWYER? GLK STANDS OUT. GLK RESOLVES MAJOR CASE. After rejecting $25,000 settlement, GLK reaches $8,025,000 resolution.

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1 LawUpdate News from Gersowitz Libo & Korek, P.C. lawyertime.com Spring 2015 STORY PAGE 6 7 GLK RESOLVES MAJOR CASE After rejecting $25,000 settlement, GLK reaches $8,025,000 resolution. NEED A BIG APPLE LAWYER? GLK STANDS OUT.

2 LawUpdate News from Gersowitz Libo & Korek, P.C. IN THIS ISSUE { SPRING 2015 } 3 Edward Gersowitz and NYSTLA 4 Scaffold Safety Law 5 Firm Achievements & New GLK Hires 6 GLK Resolves Major Case for $8,025,000 After Refusing to Settle for $25,000 8 Texting While Walking Is It Worth It? 9 GLK Now Accepting Xarelto Cases Mid-Hudson Surgeon Pleads Guilty to Insurance Fraud 10 Community Outreach 11 Settlements & Verdicts LawUpdate is a publication of Gersowitz Libo & Korek, P.C. of New York, NY. Editor Norah Grady Dedicated to our friend and founding partner, Andrew L. Libo ( ). Dear Readers, As we hopefully see the last of another cold and snowy season and look back on the past 12 months, we are blessed to celebrate another successful year full of both individual and firm-wide achievements. As a firm, we recently settled a case after a six-week trial where a teenage pedestrian was hit by a Volkswagen van while crossing the street at a Do Not Walk sign. Senior Partner Edward Gersowitz refused to initially settle for $25,000, and his perseverance led to his discovery of an unsafe construction zone and ultimately an $8,025,000 settlement. We are excited to celebrate Gersowitz s election as the President-Elect of the New York State Trial Lawyers Association (NYSTLA). As long standing members of NYSTLA, our firm has played a substantial role in this important victims rights organization. This newsletter will go into detail about the individual and firm achievements mentioned above, as well as some relevant topics regarding construction accidents and medical malpractice. Of course, we welcome all comments and suggestions to help us better serve you and our community. We wish you and your families continued health and happiness throughout Sincerely, Gersowitz, Libo & Korek, P.C. 2 LawUpdate Spring 2015

3 OF NOTE Edward Gersowitz and NYSTLA Gersowitz Libo & Korek, P.C. has been involved with the New York State Trial Lawyers Association (NYSTLA) for over 20 years. Partner Jeff Korek is a Past President and all GLK attorneys are active members of NYSTLA. GLK recognizes the importance of having an organization in NY that fights for victims rights and connects those most in need with ethical and well-trained attorneys. In 2011, partner Edward H. Gersowitz became a member of the Board of Directors for NYSTLA. He started as Secretary, and over the past 4 years has moved up to Second Vice President and currently President-Elect. Mr. Gersowitz s term as President- Elect is to begin July Gersowitz, also serving on the Board of Governors and the Leaders Forum of the American Association for Justice (AAJ), spoke of the work NYSTLA does for the NY community. GLK understands that not only do we grow individually as lawyers due to the resources available through NYSTLA, but they also provide a forum to address faults and injustices of the legal system and fight for change, Gersowitz said. We are proud of Ed and his continued service to NYSTLA. LAWYERTIME.COM Learn more about GLK at lawyertime.com. Contact us at with questions or concerns. Nuestra pagina de internet ahora está disponible en español, por favor visítenos. The best way to find yourself is to lose yourself in the service of others. MAHATMA GANDHI Be sure to check out Trial Magazine, from the American Association for Justice we have created a new marketing campaign showing GLK as Your Big Apple Connection. lawyertime.com 3

4 SCAFFOLD SAFETY LAW: WHY IT IS SO IMPORTANT FOR NEW YORKERS It s impossible to live in or around New York City and not hear about a construction accident involving a scaffolding incident at least once monthly. In November, everyone was gripped to their television sets watching two window washers on One World Trade Center be rescued after a cable to their scaffold snapped. The Bureau of Labor Statistics reported that the construction industry accounted for the highest number of work-related fatalities of any industry sector in 2013, with over ⅓ of those deaths caused by falls, slips and trips. 1 There are many contractors who will take safety shortcuts to save money, and some even use undocumented workers, who are reluctant to pursue their legal rights. Of course, there are federal government agencies, like the Occupational Safety & Health Administration (OSHA), whose main responsibilities are to inspect and monitor construction sites, but it s just impossible for them to monitor every single one. OSHA notes that nearly 6.5 million people work at over 250,000 constructions sites on a given day. 2 New York passed the Scaffold Safety Law to help protect its workers who get hurt on the job of a construction site. It designates that business owners and general contractors be responsible for providing proper safety equipment and training. Window washers were rescued at One World Trade Center when a cable to their scaffold snapped. Some have argued that this law is unfair because it automatically finds the property owner and general contractor at fault. This is simply not true. If a worker fails to use the safety equipment or training that was provided to them, then the worker will not be able to successfully win a claim. The Scaffold Safety Law is an important regulation meant to save the lives of the working class. Safety equipment, procedures and training have been put in place at construction sites for a good reason- it s the most dangerous industry in the country. It s up to those running the construction projects to provide these safety measures to the people they are leading. If you have any questions about the Scaffold Safety Law in New York, or if you believe that you or a loved one may have been hurt due to an abuse of this law, please contact us at (888) LAW-9997 to discuss your concerns https://www.osha.gov/publications/osha3252/3252.html 4 LawUpdate Spring 2015

5 RECENT FIRM ACHIEVEMENTS GLK ranked in top 1%, 2014 Litigator Awards Jeff Korek receives 2014 Top-Rated Lawyer, New York Law Journal and Martindale-Hubbell GLK receives 2014 Martindale-Hubbell AV Rating GLK honored in 2014 Best Lawyers Jeff Korek ranked in top 5%, 2015 Avvo Ratings WELCOME TO THE TEAM Michael Chessa ASSOCIATE ATTORNEY Experience: formerly with the Kings County District Attorney s Office, Felony Trial Bureau; Education: University of Colorado, BA in English; Brooklyn Law School, JD Michael is a certified scuba diver and loves to cook. Shantae Johnson ASSOCIATE ATTORNEY Education: The College of New Jersey, BM (Music); Hofstra University School of Law, JD cum laude Shantae continues to play piano regularly and sing. lawyertime.com 5

6 GERSOWITZ LIBO & KOREK, P.C. RESOLVES MAJOR CASE FOR $8,025,000 AFTER REFUSING TO SETTLE FOR $25,000 COVER STORY One accident forever changed the life of a teenager. Our client, who was 15 years old when struck by a van in a construction zone, suffered serious injuries, including a brain injury. She was transported to Lincoln and then Columbia hospitals, where she convalesced for months. A series of unfortunate circumstances almost prevented our client from receiving any compensation whatsoever. Her painful steps to recovery from the brain injury have been hindered by intense seizures and unsuccessful learning environments geared towards brain injury victims. A series of unfortunate circumstances almost prevented our client from receiving any compensation whatsoever for her injuries. The vehicle of the negligent driver only carried a $25,000 insurance policy. Then, the insurance company of the negligent driver went bankrupt. The case was also delayed due to a series of appeals by the contractors of the construction zone and the NYCTA. However, thanks to the ingenuity and perseverance of Senior Partner Edward H. Gersowitz, justice prevailed for her. After jury selection and a trial that lasted six weeks, the parties agreed to a settlement in the amount of $8,025,000. Facts of the Lawsuit On April 1, 2000, our client, then 15 years old, was crossing the street at East 161st Street and River Avenue in the Bronx when she was struck by a van. At that time, the New York City Transit Authority (NYCTA) had an ongoing project to renovate the subway station in that area. While it was true our client did walk out against the Do Not Walk sign for pedestrian traffic, the driver said he never saw her until he heard the impact to his van. Her head struck the vehicle, causing her to lose consciousness. She was diagnosed with a brain injury, which continues to cause both epileptic and neuro psychogenic seizures. 6 LawUpdate Spring 2015

7 He uncovered that a construction barricade blocked both our client and the driver from seeing each other. He also uncovered that the NYCTA s plan provided that there were to be no obstructions to the sight lines during construction. This settlement will be used to transform her life. The case went to trial at the Bronx Supreme Court. Jeff S. Korek tried the case. Jury selection and the trial lasted approximately six weeks before the parties agreed to a settlement in the amount of $8,025,000. It was uplifting to see Ed s [Gersowitz] hard work pay off, so that our client and her family can no longer have the burden of wondering how her medical and living expenses would be taken care of, Korek said. This settlement will be used to transform her life. Jeff Korek and the GLK legal team brought a full-size replica of the improper barricade into the court room. Gersowitz uncovered that improper barricades blocked both our client and the driver from seeing each other. The Construction Defect Claim Mr. Gersowitz refused to settle for the $25,000 offered by the negligent party s insurance company. He knew there must have been a reason why neither the driver of the van nor our client saw each other and began investigating the construction area surrounding the accident site. lawyertime.com 7

8 er person s fault. But regardless of how many times this has happened to you or someone else, no one seems to be stopping this trend. Why We Should Stop It s dangerous. Plain and simple. According to the National Highway Traffic Safety Administration (NHTSA), over 4,700 pedestrians were killed in the US in 2012, the majority in urban areas at a non-intersection on a clear day. 1 New York City had the highest number of pedestrian fatalities. How many of those could have been caused by distracted walking? It s impossible to say with certainty, but stand on any busy street corner in NYC for 5 minutes and count the number of times distracted commuters walk into someone or something (pole, street sign, car, etc.). The numbers will speak for themselves. An Ohio State University study found that more than 1,500 pedestrians were treated for cell phone-related injuries in 2010 nationwide. 2 These are just reported cases. TEXTING WHILE WALKING IS IT WORTH IT? Nearly every state has now passed laws against texting while driving. It s been proven time and time again to be way too dangerous it causes distracted drivers and leads to too many accidents and fatalities. By eliminating the ability to text while driving, the average person in the new age of instant gratification is losing precious moments of electronic bliss moments they must make up for as soon as the opportunity arises. Like when walking on the sidewalk How often has someone bumped into you while walking with their head down looking at their phone? You can t avoid it, and there is a solid chance you are one of those people. Hey we are, too It s frustrating, annoying, embarrassing, and obviously always the oth- Is It Worth It? We certainly appreciate the comic relief from a good (non-painful) cell phone-to-cell phone collision, and apparently so do most (a quick You- Tube search of texting while walking yielded over 20,000 results). However, your life is far more important to us. Put down the phone while you are walking. Your smile is much more appealing than your hairline. 1. Pubs/ pdf 2. distractwalk.htm 8 LawUpdate Spring 2015

9 HAVE YOU BEEN INJURED? GERSOWITZ LIBO & KOREK, P.C. NOW ACCEPTING XARELTO CASES Have you or a loved one suffered serious or even life-threatening complications from use of the prescription drug Xarelto? If so, the attorneys at Gersowitz Libo & Korek, P.C. can help. Xarelto, from Bayer and Johnson & Johnson, is a drug prescribed to people with atrial fibrillation to reduce the risk of stroke and blood clots. The FDA expanded the use of Xarelto to treat deep vein thrombosis and pulmonary embolism in The Institute for Safe Medication Practices reported to the FDA in its Quarter Watch report ending March 30, 2013, the seriousness of the adverse effects that Xarelto can cause, noting that this high-risk treatment caused bleeding in approximately 15% of patients with atrial fibrillation who have taken the drug. Plaintiffs have alleged there is not an effective antidote to counteract the severe bleeding and that this risk was not effectively communicated. MID-HUDSON SURGEON PLEADS GUILTY TO FRAUD Dr. Spyros Panos was a trusted surgeon for Mid-Hudson Medical Group (MHMG). It was reported in court documents that between , he performed sometimes surgeries and saw up to 90 people daily. The problem was that many of the surgeries were either unnecessary or botched. 1 Panos pled guilty to medical insurance fraud and is serving a 4½ year federal prison sentence. 1 According to court records, he has to pay $5 million in restitution. Now that Panos has pled guilty, there are hundreds of outstanding civil lawsuits against Panos and MHMG. Dr. Panos was recently deposed in the first of many scheduled depositions in the Federal Prison at the United States Penitentiary Canaan, near Waymart, Pennsylvania An excerpt from that deposition read: Dr Panos has admitted to falsifying [my] bills almost every time I did [these] type of surgeries. The type of surgeries he referred to in that instance were removal of loose bodies during a knee [procedure]. Gersowitz Libo & Korek, P.C. represents numerous victims of Dr. Panos s crimes, and is working tirelessly to ensure that those victims be given the compensation they deserve. 1. local/2014/10/27/medical-group-seeks-stay/ / If you believe you or a loved one has been hurt due to a medical error or the side effects of Xarelto, Zoloft, testosterone, or transvaginal mesh, please contact us at (800) LAW-9997 to learn your legal rights. lawyertime.com 9

10 GLK COMMUNITY OUTREACH Annual Bronx Basketball Tournament Secures $1 Million Grant for St. James Park Renovations Thousands of local Bronx residents flocked to the 9th Annual Gardiner Memorial Basketball Classic, held in St. James Park in the Bronx in August The Tournament, which is sponsored by Lawyertime.com and always free to the public over the twoday period, offers food, beverages and non-stop basketball entertainment. Four scholarships were awarded to local college-bound high school seniors. More than 200 backpacks filled with school supplies were handed out to the youth in attendance, along with 16 Samsung Galaxy tablets that were given away in free raffles throughout the weekend. Bronx City Council Member Fernando Cabrera addressed the crowd and commended the Gardiner Foundation and their founders Dexter and Sherri Gardiner for everything they have done for the St. James community. He then pledged $1 million towards the renovation of St. James Park. Jeff Korek, a partner at Lawyertime.com, said, This year has been the biggest Tournament yet. We ve given out more school supplies to the youth in the South Bronx than ever before. Dexter and Sherri Gardiner and their team continue to amaze us with unwavering commitment to the St. James Park Community. A special thank you to all who donated to this Tournament including the NY Yankees, NY Knicks, DVD Vending and Steiner Sports, among many others for allowing the Gardiner Foundation and Lawyertime. com to continue helping those in this Bronx community most in need and providing a safe, healthy environment for the neighborhood youth. Little Known Fact: Partner Michael A. Fruhling, known for his expertise in NY and NJ medical malpractice law, and his family have participated in the Macy s Thanksgiving Day Parade for the past 15 years. This year, Michael entertained the crowds as a rollerblading clown while handing out balloons and other giveaways. Some of the organizations we are proud to support: THE GARDINER FOUNDATION HOOPS 4 HOPE MEMORIAL SLOAN KETTERING CANCER CENTER SOUTHERN POVERTY LAW CENTER THE CRAIG LENSCH FUND TO THE TOPS WITH LAPTOPS MONTEFIORE CHILDREN S HOSPITAL BROOKLYN PTA NYC BOMBSQUAD BASKETBALL CLASSIC THE HAGEDORN LITTLE VILLAGE SCHOOL LUMIND ROMP FOR RESEARCH ST. JUDE S CHILDREN S RESEARCH HOSPITAL KIPS BAY BOYS & GIRLS CLUB BILLIE, INC. If you are part of an organization and would like to be featured with us, please contact us at 800-LAW LawUpdate Spring

11 SETTLEMENTS & VERDICTS Recent Wins from GLK Motor Vehicle/Unsafe Construction Zone An $8,025,000 settlement was reached in Bronx County after a 6-week jury trial for a 15 year old female who received permanent brain injury after being struck by a van at a crosswalk near Yankee Stadium. Senior Partner Edward H. Gersowitz refused to settle for the $25,000 offered by the insurance company of the van s owner, and uncovered that improper barricades at the construction zone prevented both the driver and our client from seeing each other in time to prevent the accident. Motor Vehicle A $7 million settlement was reached in New York County for a 70 year old woman struck by a truck while crossing within the crosswalk on a Manhattan street. The resulting fall caused our client serious brain injury, and she remains semi-comatose since the day of her terrible accident. Medical Malpractice A 37 year old woman in Kings County received a $6 million settlement for improper care after sustaining a fall during physical therapy at a local hospital. When our client was not seen by a neurosurgeon or a neurologist until it was too late to surgically correct a fracture in her T7 vertebrae, she was rendered a paraplegic. Medical Malpractice A $4.5 million settlement was reached for the family of a 37 year old Brooklyn man who died as a result of a defective clip used to tie off his renal artery during a procedure to donate a kidney to his wife. Medical Malpractice A $2.3 million settlement was reached for a 78 year old New Jersey man who died after a radiologist failed to diagnose an abdominal aortic aneurysm which was present on his MRI. Medical Malpractice A settlement of $1 million was reached for the family of a 57 year old woman in New York City. Our client, who suffered from end-stage renal disease, obesity, hypertension, diabetes, congestive heart failure, asthma, and hypercholesterolemia suffered a heart attack and remained in a coma until her death 9 months later when her lab results were not followed by a local hospital and her physicians. Personal Injury/Train Accident A 26 year old actor was injured as a result of falling into the gap between the New York City Transit Authority subway car and the station platform. Our client suffered significant degloving injuries to his right leg. After a two part, 6 week trial, our office was successful in securing a jury verdict of $975,000. Medical Malpractice The parents of a stillborn child in New York County reached a settlement of $800,000 after their obstetrician ignored signs of fetal distress and failed to perform a C-section. Pedestrian/Cyclist A settlement of $800,000 was reached for a 66 year old woman in New York County after being struck by a cyclist while attempting to cross the street. The cyclist was traveling in the wrong direction of the bicycle lane at the time of the accident. The collision left our client with multiple injuries, including a fractured elbow. Medical Malpractice A $750,000 settlement was reached in upstate New York against an obstetrician and local hospital for the death of a child who was pronounced dead within an hour of birth. The obstetrician ignored signs of fetal distress and failed to perform a C-section. Motor Vehicle A 48 year old wife and mother of two was struck and killed by a speeding vehicle while crossing a street in Nassau County. A $300,000 settlement the full amount of two limited insurance policies was reached for her family. Premises Liability A $298,000 settlement was reached in Bronx County for a 61 year old woman who suffered severe smoke inhalation and a heart attack when she was prevented from exiting a burning building with her 2 year old granddaughter by a locked door to the roof that was in violation of local and state fire and building laws. lawyertime.com 11

12 LawUpdate News from Gersowitz Libo & Korek, P.C. PRSRT STD U.S. Postage PAID Century Direct NEW YORK 111 Broadway, 12th Floor New York, NY (212) NEW JERSEY 157 Engle Street Englewood, NJ (201) FREQUENTLY ASKED QUESTIONS of Gersowitz Libo & Korek, P.C. LAWYERTIME.COM (800) LAW-9997 Will I have to go to Court? While nearly all cases are settled out of court and before a trial begins, some are settled after the start of the trial but before its conclusion. Sometimes, if we feel that the settlement offered is unfair to you, we will try your case. We will hold your hand every step of the way. Remember that you can put your trust in us just look at the results we have achieved in past cases. We fight hard to get you results, whether the case is resolved before, during or after trial. Why do you so frequently win favorable settlements? Because we always deal from strength, never from weakness. We re always prepared to go to trial. The defendant knows about our years of experience and, sooner or later, understands how well prepared we are. There is no guarantee, of course, but at the right point a favorable settlement becomes more likely. Why can t my other lawyers handle my case? They know that the practice of our firm is focused entirely on personal injury law, on recovering damages for people who are harmed because of someone else s negligence. Lawyers know our reputation and our record of success. They have confidence that we will serve you well. Gersowitz Libo & Korek, P.C. has a wide reputation as lawyers lawyers. They look to us for this work alone. You look to them for all your other legal needs. Will I have to take the witness stand? Will the other lawyer attack me and try to break me down in cross examination? Please understand: you are the victim in this case, and we will represent you. The process of winning compensation for what has been done to you should not be painful, and, for the vast majority of plaintiffs-it is not. Courtroom dramas on television are not real life. They are exaggerated for dramatic effect. Even actual televised trials are most often selected because they are sensational. In actuality, there is a plaintiff, a defendant, a judge and usually a jury in the courtroom. If the case is tried, the judge and jury are sworn to do what is right. Jurors are people just like you, and they do not like lawyers abusing witnesses. Can I afford your services? You certainly can. We work on a contingency basis. What that means, in simple terms, is you pay no legal fees unless you win an award, either through settlement or trial. We make the full investment of money and time to win justice for you. If we succeed on your behalf, we are paid a percentage of the award-and that sum is regulated by Court rule. We are also reimbursed for our expenses. What is most important is this: We have never lost a case for lack of money or professional time, and we never will. Suppose I ve been referred by another lawyer or law firm. Does that mean my case is going to cost me more money? You pay the same contingency fee if we win your case, regardless of whether you were referred to us from another lawyer or if you came directly to us. There are cases where both law firms will share the contingency fee, but our clients are not charged an additional fee for that.

Attorneys at Law. Telephone: (312) 262 6700 Facsimile: (312) 262 6710. 30 N LaSalle Street Suite 1524 Chicago, IL 60602. www.mossingnavarrelaw.

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