Settlements and Verdicts
$14,000,000.00 Embankment Crash Auto Accident
On July 25, 2003, the three plaintiffs were passengers in a 15
passenger Ford van which crashed into an embankment when the driver
fell asleep. They were traveling with their husbands on their way
home to New Jersey from Canada The passengers consisted of a married
couple, their two sons and their two daughters-in-law. The crash
resulted in serious personal injuries to the three women. The
mother-in-law, in addition to suffering a liver laceration, a C2 and
C6 fracture and a seizure disorder, has been in a persistent
vegetative state and respiratory dependent. She has been residing in
a nursing home. One daughter-in-law suffered a permanent and
catastrophic spinal cord injury secondary to a T5 burst fracture,
permanent paraplegia, a right clavicular fracture, sternal fracture,
bilateral third rib fracture, a left pleural hemorrhage and a
hearing loss in the left ear. The second daughter-in-law sustained
transverse process fractures of the L3 and L4 vertebra on the left,
a cervical sprain and strain, thoracolumbar sprain and strain, left
lower extremity radiculopathy in S1 bilateral internal derangement
of the knees and post traumatic stress disorder.
Numerous experts were retained including medical experts, a
vocational expert, and an economic expert. “Day in the Life” videos
were prepared for each plaintiff. The parties went through a
mediation procedure before a retired Judge. Demonstrative evidence,
medical reports, and expert reports were presented at the Mediation
as well as a biomechanical expert because the three women did not
have seat belts on. After several hours of intense negotiations, the
mother-in-law’s case was resolved for $4,500,000.00, and one
daughter-in-law’s case was resolved for $7,500,000.00. The second
daughter-in-law’s case underwent a second mediation and resolved for
$2,000,000.00.
$11,000,000.00 Brain Damage Baby Medical Malpractice
A newborn suffered permanent brain damage during birth as a result
of the hospital and obstetrician’s failure to perform a timely
Cesarean Section in light of fetal distress and a uterine rupture
caused by using a drug for the off label use of inducing labor.
The infant is, and has been since birth, unable to swallow (has to
be tube fed and suctioned), gag, talk, hold up her head, sit up,
roll over, stand, crawl, walk, or grasp objects with her hands.
Various experts in the fields of obstetrics/gynecology, economics,
life care planning, pharmacology, nursing, and the infant’s treating
physicians were retained during this six week trial.
$4,500,000.00 Brain Damage Baby and Surgical Medical Malpractice
A newborn twin suffered permanent brain damage during birth as a
result of the hospital and obstetrician’s failure to perform a
timely Cesarean Section in light of the baby’s breech position. The
mother required subsequent reconstructive vaginal surgery to repair
the vaginal tearing sustained during the C-Section.
$2,265,000.00 Multiple Victims From A Head
on Collision
A mother and her two young daughters who were all restrained
passengers, were injured when their vehicle was hit head on by a
drunk sheriff’s officer who crossed over into their lane of travel.
The defendant was heavily imbibing at the Old River Tavern. The
mother sustained bilateral ankle fractures, a right open tibia and
fibula fracture, bilateral open pylon fractures, bilateral femur
fractures, and a nasal fracture. She underwent multiple surgeries
during a lengthy hospital stay and endured extensive rehabilitation
and painful physical therapy. The oldest daughter was admitted to
Cooper Hospital with diagnoses of a closed head injury with
subarachnoid hemorrhage, pulmonary contusion, diplopia with a
complete left sixth nerve palsy and left sided rib fractures, The
younger daughter sustained seatbelt contusions and abrasions, and
metabolic acidosis. The defendant pled guilty to aggravated assault.
$2,750,000.00 Cardiac Medical Malpractice
Improperly removing the temporary epicardial pacing wires in this
middle aged man who underwent an elective coronary artery bypass
grafting caused a tear in a vein graft and resulted in bleeding into
the decedent’s chest cavity. The decedent remained in a coma and was
a patient in a nursing home until he died five years later.
$2,400,000.00 With Interest for Electrocution at
Construction Site/Wrongful Death
A Middlesex County jury awarded a total of $2,400,000.00 with
interest to the Estate of a 42 year old married man who was
electrocuted while working at a construction job site too close to
high voltage energized lines during a rainy and windy day. Prior to
the accident, multiple notifications of violation of the N.J. High
Voltage Proximity Act were issued against the decedent’s employer.
The job site was also in violation of OSHA’s standards regulating
equipment coming within close proximity to power lines.
Our office worked with numerous experts including an electrical
engineer, an economist and a pathologist.
$2,250,000.00 Surgical Medical Malpractice
This medical malpractice case arose out of the wrongful death of a
middle aged man whose treating physicians failed to recommend
surgery after discovering a rectal lesion when the patient was
predisposed to developing colon cancer, failed to refer the patient
to a more qualified surgeon resulting in the performance of an
inappropriate surgery which contributed to his demise, failed to
properly perform the surgery, failed to extend the decedent’s
hospitalization and maintain him on antibiotics in the face of a
full thickness rectal wound which increased his chance of the
infectious outcome and led to his demise.
$1,550,000.00 Struck by Tractor Accident
Our office represented a middle aged truck driver who was struck by
a tractor resulting in a C2 vertebral fracture. He underwent
epidural steroid injections in an attempt to relieve the pain and
surgery on his cervical spine. He was left with chronic pain,
chronic muscle spasms, and decreased functional abilities.
$1,450,000.00 Fall Down Construction Accident
A settlement was achieved on behalf of the plaintiff suffered
significant and permanent spinal injuries when he fell after jumping
approximately 25 feet to the ground while working on the roof of a
building in Elizabeth, New Jersey as a self-employed roofer. As a
result of the fall and the injuries sustained, the plaintiff is a
paraplegic. Various experts in the fields of medical, engineering,
employability evaluations, economics, and life care planning were
retained.
$1,235,000.00 Brain Damage Baby Medical Malpractice
A newborn suffered permanent brain damage during birth as a result
of the hospital and obstetrician’s failure to perform a timely
Cesarean Section in light of the mother’s abdominal bleeding due to
a ruptured mesenteric artery and anemia and the baby’s fetal
distress.
The infant plaintiff, now an adult, is confined to a wheelchair,
requires care 24 hours a day, has cerebral palsy due to a lack of
oxygen at the time of birth, has musculature problems, is fed by a
gastrostomy tube, is confined to communicating through a computer,
has chronic upper respiratory infections requiring frequent
suctioning, has quadriparesis, requires various therapies, and has a
significantly shortened life expectancy. His parents have had to
decline career advancement opportunities in order to care for their
son. The mother sustained an injury to her right arm and shoulder
which required surgical intervention due to repositioning and
lifting
her son frequently. Various experts in the fields of surgery,
obstetrics/gynecology, economics, nursing, and life care planning
were retained. Coverage was limited.
$1,050,000.00 Negligent Anesthesiological Care - Wrongful Death
A settlement was secured on behalf of the estate of a middle aged
man who underwent an Endoscopic Retrograde Cholangiopancreatography
(ERCP) at a Newark hospital. The purpose of the procedure is to
diagnose and treat bile duct conditions. During the procedure, the
decedent lapsed into a vegetative state, requiring additional
surgeries and procedures and endured conscious pain and suffering
until he died several months later. Our office asserted that the
anesthesiologist failed to properly administer anesthesia and failed
to properly monitor the patient’s condition during the procedure.
$1,000,000.00 Stillborn Obstetrical Malpractice
A young woman suffers the loss of her only child, delivered
stillborn at term, and undergoes a hysterectomy due to the
negligence of the hospital and obstetrician for failure to monitor
her condition timely.
$1,000,000.00 Failure to Diagnose Hemorrhage/Medical Malpractice
Failure to diagnose a subarachnoid hemorrhage in an at risk middle
aged African American woman who presented to her treating physician
with a headache resulted in the rupture of her anterior
communicating cerebral artery. This has left the plaintiff in a
vegetative state and with irreparable brain damage. She resides in a
nursing home because of her need for continuous medical care and
attention. Coverage was limited.
$1,000.000.00 Multi Vehicle Auto Accident
A driver suffered a displaced Hawkins IV right talus fracture, an
open compound fracture of the right tibia fibula and a non displaced
right fibula head fracture when a defendant traveling in the
opposite direction struck the second defendant causing him to spin
into the plaintiff’s lane and strike the plaintiff’s vehicle. She
underwent multiple surgeries, including one in Switzerland due to
the seriousness of her injuries and the potential need for a below
the knee amputation, and several guided injections of steroid and
anesthetic in an attempt to relieve the pain. Coverage was limited.
$996,374.87 Motor Vehicle/Tractor Trailer Accident
Our client, an elderly woman who was a restrained driver stopped at
a red light, was rear ended by a tractor trailer. The force of the
impact pushed her vehicle over the concrete curb and into a
telephone pole. She sustained serious rib and back injuries and
required multiple surgeries.
$900,000.00 Auto Accident
A driver suffered a grade 4 splenic laceration, bilateral
pneumothoraces, left large pneumothorax, bilateral pulmonary
contusions, left clavicle fracture, and a mediastinal hematoma when
the defendant’s vehicle crossed the centerline and veered into our
client.
$885,000.00 Auto Accident Teenager Killed
A teenager was killed when his vehicle was hit by an intoxicated
driver who was speeding through a red light. The bar that had served
the defendant when he was visibly intoxicated also bore some
responsibility for the accident and was uninsured.
$800,000.00 Auto Accident Passenger Killed
A young single woman who was a rear seat passenger was killed when
her vehicle was broadsided by a speeding troop car early in the
morning on Route 78.
$750,000.00 Head On Motor Vehicle Accident
Our office represented a man and his family in this severe motor
vehicle accident. The man was a restrained driver who was hit head
on when the defendant’s vehicle crossed over the double yellow
center line, struck another vehicle who then struck our client. Our
client underwent several surgeries to repair his injuries which
included multiple right rib fractures and eyebrow lacerations. He
had a prolonged hospital and rehabilitation stay. He currently
suffers from permanent facial scarring and a loss of mobility and
strength in his left shoulder and arm.
$690,000.00 Improperly Secured Ramp Fall Down From Ladder
Our client, an elderly man, hired a moving and trucking company to
transfer boxes from a rental truck to the moving truck. The
plaintiff was assisting. A wooden/metal ramp was located between the
two vehicles. As a result of the ramp being improperly placed and
secured, it fell while our client was walking on it, causing him to
sustain a complex left pilon fracture requiring multiple surgeries.
$625,000.00 Premises Liability/Trip and Fall at a Roller Rink
A young woman who was roller skating at a local rink, sustained a
comminuted displaced fracture of the radial head with displacement
of fracture fragments. As she was exiting the rink, she tripped and
lost her balance because of the uneven floor. When she attempted to
use the railing to steady herself, it tore away from the wall,
causing our client to fall and land on her right elbow. Several
surgeries were performed but the client was left with permanent
injuries and emotional distress.
$540,000.00 Off Road Vehicle Park Premises Liability
The firm achieved a settlement on behalf of a man who sustained
serious injuries while riding a motorized dirt bike. After
performing a jump, he went over the handlebars before his back
landed on a large, exposed drainage pipe embedded in the track
surface. Our client sustained a burst fracture of L3 and a fracture
of T12 spinal processes. Medical experts as well as a mechanical
engineer and an expert in the design, maintenance, and operation of
off road vehicle parks were retained.
$520,000.00 Lawn Mower Product Liability
A worker operating a stand-on commercial lawn mower sustained
serious injuries to his right foot when the blades came into contact
with it after being improperly serviced. He underwent several
surgeries and has been left with a permanent limp, deformity, daily
pain and stiffness, limited range of motion and extensive scarring.
$500,000.00 Fall Down
A middle aged teacher’s aide suffered an open compound fracture
above the right ankle resulting in multiple surgeries. She fell when
disembarking a hayride wagon’s wooden stairs with no hand railing
when she was on a class trip.
$500,000.00 Struck by Sheet Rock
A settlement was achieved on behalf of the plaintiff who sustained a
depressed fracture in the lateral tibial plateau when he was struck
and pinned underneath sheet rock while he was working. His injuries
required an open reduction and internal fixation of the right tibial
plateau. He has been unable to return to work as an electrician and
walks with a constant limp.
$495,000.00 Pit Bull Dog Bite
The firm achieved a settlement on behalf of a man who sustained
permanent scarring when he was attacked and bitten by two pit bull
dogs with vicious propensities owned by the homeowner.
$450,000.00 Fall Down
Our client, a truck driver, was making a delivery when she tripped
over an uneven broken section of concrete. She sustained a
comminuted radial head fracture with comminution and displaced
fractures which were unstable and required surgical intervention.
$400,000.00 Fall From Roof
A middle aged man who was working on a roof installing siding fell
nine feet to the ground and sustained a comminuted, displaced
fracture of the proximal ulna, a comminuted acute fracture of the
olecranon, fractures of the right superior and inferior pubic rami
and of the right superior acetabulum and a non displaced right
pelvic fracture. Multiple surgeries were performed. He did not have
fall protection devices and there was no fall protection at the edge
of the roof. Our office worked with numerous experts including
medical and occupational safety experts.
$250,000.00 Motorcycle vs. Motor Vehicle Accident
A settlement was achieved on behalf of our young client who was
riding his motorcycle when he was struck by the defendant’s vehicle
who was making a left hand turn. The plaintiff sustained a right
open both-bones forearm fracture which was treated surgically, a
left distal radius and a right lateral malleolus ankle fracture,
both of which were treated with manipulations under anesthesia.
$200,000.00 Dental Malpractice
A woman suffered a chemical burn while undergoing a root canal
procedure where sodium hypochlorite was improperly administered.
This resulted in the need for a surgical procedure to drain the
right facial abscess.
$100,000.00 Auto Accident
An elderly restrained passenger suffered a pulmonary contusion,
pericardial laceration, ruptured diaphragm, a mesenteric tear,
extensive intra-abdominal injuries including a left iliac fracture,
a pelvic retro peritoneal hematoma with bleeding, renal contusion
and hypovolemic shock when the driver attempted to make a left turn
onto Route 183. A landscaping company truck was traveling south on
Route 183. A utility company parked and placed vehicles and
equipment without warnings to oncoming traffic causing a collision.
Building Fire At Seton Hall University
The Amount May Not Be Disclosed
A settlement was achieved on behalf of a young man who suffered and
sustained second and third degree burns to approximately 14% of his
total body surface area and permanent scarring as a result of a fire
in the building he was living in. He underwent surgical procedures
including a debridement, skin grafts, an arthrodesis and removal of
the hardware. He also received treatment for post traumatic stress
disorder, anxiety, and depression.
Contact the Law Offices of Stephen S. Weinstein, P.C.
for your free personal consultation today.


