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What's New
$14.5M verdict for severe exacerbation and spread of RSD On March 2, 2004, our client was waiting outside of his residence in Hoboken for the defendant Multicare Ambulance, Inc. to transport him to Hackensack University Hospital for water therapy, which was part of the regimen for treatment of his RSD. The defendant was the driver of the car sent by Multicare to transport our client. The defendant opened the driver's side door into our client, striking his crutch and causing him to fall against a garage door. As a result of this second accident, our client alleges a severe exacerbation and spread of his RSD. Our client can no longer walk even with the Canadian Crutches and is now wheelchair bound. The severity and extent of his chronic pain syndrome has worsened, requiring further medication. He can no longer bear even light touch on his legs. He is now severely impaired in all activities of daily living. He requires a full-time home health aide to assist him in all activities of daily living, which was not required prior to the March 2, 2004 incident. He now requires special accommodations both inside and outside the home and will require continuing pain management and neurological treatment as well as counseling for his resulting depression.
This accident has also had a tremendous impact on our client's marriage and his relationship with his wife, who virtually gave up her real estate sales job to care for her husband around the clock.
On April 4, 2007, a Hudson County jury awarded 5 million dollars to our client for pain and suffering, 7 million dollars for future care costs, and 2.5 million to his wife for her losses, reduced by 20% for comparative negligence. This case was handled by partner, William L. Gold. Over $400,000 in Workers' Compensation Benefits Won $175,000 Settlement
Mold Exposure $105,000 Personal Injury Settlement
Fall at Dollar Store $1.25M Medical Malpractice Settlement
Failure to Diagnosis Birth Defect
1.8M Med-Mal Verdict
Musician Lost Hearing
On May 12,1999, our client suffered a broken foot which ultimately resulted in a severe chronic pain syndrome called Reflex Sympathetic Dystrophy (RSD) which is also more currently known as Complex Regional Pain Syndrome (CRPS). Because this injury was a work related injury, the workers' compensation insurance company paid for extensive treatment over the succeeding five year period resulting in a stabilization of the RSD but still requiring our client to use a combination of medications and physical therapy. He needed Canadian Crutches to walk. That accident is not the subject of this litigation.
A 50-year-old female factory worker was riding to work in a van with a number of her co-workers when a collision occurred. One co-worker was killed, and our client suffered multiple, serious injuries: including femur fracture, arm injury, and significant scalp damage. Despite the fact that her employer had taken money from her paycheck to pay for the van service, the workers' compensation insurance carrier did not want to provide any benefits. After litigating the case for several months, Bendit Weinstock succeeded in obtaining benefits for the client. These benefits included payment of over $350,000 in past medical bills, over $10,000 for back temporary disability benefits which were improperly withheld; ongoing temporary disability payments; ongoing care by multiple medical and surgical specialists and therapists; and reconstructive plastic surgery. Once all necessary care has been provided, we expect to negotiate a settlement for residual permanent disability. The case is being handled by associate Peter Bergé.
In this case, our client contended that her landlord failed to properly maintain her apartment which resulted in water leaks and over time eventual caused harmful mold to form. We argued that the mold levels were of a toxic nature. We demonstrated that the defendant breached a well established duty to provide a habitable apartment. The client suffered with breathing problems and was diagnosed with asthma. The defense argued that the asthma was not mold related but instead a result of smoking. The case settled for $175,000 dollars. Associate, Lisa A. Lehrer represented the plaintiff in this case.
A woman shopping in a "dollar store" stepped in some slippery gel that was on the floor and fell, tearing a tendon in her shoulder and injuring the cartilage in one knee. Bendit Weinstock filed suit, and after building a strong case for the negligence of the store, was able to obtain a settlement of $105,000 without the necessity of a trial. The case was handled by Bendit Weinstock associate Peter Bergé.
In this case, our client contended that the a family physician who cared for her during her pregnancy failed to diagnose that she was carrying a child who had serious birth defects. We demonstrated that the defendant breached a well established duty to offer our client certain prenatal screening tests necessary for our client to have made an informed decision concerning whether or not to continue the pregnancy. This case settled for $1.25 million dollars, which will be placed into a structured settlement to pay for the special medical expenses and other extraordinary expenses over the child's lifetime attributable to his birth defects and to compensate the mother for her the emotional suffering and anguish. Bendit Weinstock partners Abbott Brown and Anthony Mazza represented the plaintiff in this case.
An Essex County jury found a musician's loss of hearing and other ear problems were caused by medical malpractice and awarded $1.8 million for pain and suffering. The plaintiff's ear was oozing brown fluid when he sought the help of a now retired otolaryngologist, who did not properly diagnose his condition and continued an inadequate treatment that eventually resulted in total hearing loss in the right ear, tinnitus, balance problems and facial weakness. The plaintiff was represented by Bendit Weinstock partner, William L. Gold.
