Results for TBI Survivors in New York
Andy Siegel has represented numerous survivors of traumatic brain injury for more than two decades. What can be said with certainty is that no two cases are alike when it comes to the complexities of a traumatic brain injury. TBI comprises a broad spectrum of symptoms and disabilities in which “mild” brain damage can be never less than functionally severe.
As stated in How to Hire the Right TBI Lawyer, we at TBIHelpline.com believe the track record of a lawyer is an important consideration when selecting an attorney to represent a traumatic brain injury survivor. There is no substitute for experience and proven excellence. We get results for TBI survivors in New York.
Verdict Search is a company that reports case results across the nation. According to their website, this company is “The leading provider of verdict & settlement research, VerdictSearch offers a comprehensive database, powerful search platform and intuitive tools.” They publish, “The most notable verdicts and settlements from around the country, selected by our editors.”
The following traumatic brain injury cases litigated by Andy Siegel were featured in Verdict Search:
Park -v- Rizzuti $43,000,000.00 Jury Verdict.
This result was the 3th largest verdict reported in the United States court system in 2007 for an individual plaintiff in a medical malpractice matter.
The TBI victim in this case was a 61 year-old woman. The basic claim was a failure to diagnose an abnormality on a CT and undertake clarifying testing which would have revealed the presence of a brain aneurysm. The aneurysm went untreated and subsequently ruptured leaving the plaintiff with severe brain damage.
Of Note: There was no offer of settlement in this case. Defense counsel and their insurance company felt the matter was completely defensible.
The Verdict Search Report on this TBI case appeared in Vol. XXIV Issue 40, April 2, 2007. Click here to read a summary of the verdict.
Mouta -v- Essex, et. al.: $11,965,800.00 Jury Verdict.
This case was selected by the editors of Verdict Search as a, “Featured Verdict.” This result was the 15th largest verdict reported in the New York State court system in 2013.
The TBI victim in this case was a 43 year-old construction worker. The basic claim was a violation of the labor laws of the State of New York by failing to provide safety equipment. When the roof collapsed Mr. Mouta fell two stories with the back of his head striking the concrete.
Of Note: The offer of settlement was $2,000,000.00. This verdict was the 15th largest verdict reported in the New York State court system for the year 2013.
The Verdict Search Report on this TBI case appeared in Vol. XXXI Issue 3, June 17, 2013. Click here to read a summary of the verdict.
MacKay -v- City of New York et. al. Pre-Trial Settlement $1,000,000.00
The plaintiff was riding to work on his bicycle when his front tire went into a hole in the roadway throwing him over the handlebars and striking his head. Plaintiff sustained an intracerebral hematoma requiring craniotomy. The defendant’s position was that his current complaints were attributable to his continued consumption of alcohol for which he was hospitalized on two separate occasions. Click here to read a summary of the verdict.
TBI Case Results – Unpublished Matters
For a variety of reasons, certain case results are not submitted for publication. The most common circumstance is a “non-disclosure” agreement. This is when the defendant requires the plaintiff not to publicize the case resolution, which is a material term of the settlement agreement. The below cases are a sampling of other TBI cases handled by attorney, Andy Siegel.
John “Doe” -v- State of New York Pre-Trial Settlement: $9,480,000.00
In this matter a seven year-old boy sustained severe brain damage from the failure to timely diagnose and properly treat impending cardio-pulmonary arrest from underlying medical condition. There was a companion action in the Supreme Court which contributed $990,000.00 to the total settlement.
Jane “Doe” -v- Defendant Hospital Pre-trial Settlement: $9,900,000.00
In this matter an anesthesiologist lost track of the presenting aspect of a surgical wire as he was running it up the back of the patient’s neck just beneath her skin and it found its way into the foramen magnum (hole in base of skull) and into her brain resulting in a brain stem perforation with permanent brain damage.
Crespo -v- DASNY, et. al. Jury Verdict: $6,000,000.00
Defendant did not provide Plaintiff a construction worker with proper safety equipment who sustained multiple facial fractures, trigeminal neuralgia and mild traumatic brain injury after falling from a scaffold collapse.
Saling -v- TBTA et. al. Pre-Trial Settlement: $2,500,000.00
The plaintiff was riding his motorcycle across the Harlem Lift span of the RFK Bridge when his tires entered into a man made rut between the middle and right hand lanes of Manhattan bound traffic. When his front tire struck a transverse joint that intersected the rut, he was thrown over his handlebars sliding forward on the roadway surface until his head contacted the bridge sidewall. He sustained a traumatic brain injury consisting of an anterior inferior frontal lobe injury that altered his personality and compromised his ability to inhibit his anger response.
Selecting the Right Lawyer Can Make a Big Difference
In cases of traumatic brain injury, the difference between the sum of money an insurance company offers in settlement of the lawsuit and the amount a jury, after hearing all the facts at the time of trial, believes to be proper compensation may vary — greatly. So when it comes to the complexities of presenting a TBI case to a jury the importance of selecting the most qualified and experienced trial lawyer can never be overstated.
In the “Do’” section of How to Choose the Right TBI Lawyer we recommend during the prospective lawyer interview that you must hire a lawyer who can advise their client not to take the money being offered—even if it’s a substantial amount—if that sum does not fairly compensate the TBI victim. To this end a good question to ask the prospective lawyer is: What is the largest offer of money you ever advised a TBI client not to take and what sum of money did the jury award in their verdict?
Andy Siegel dedicated the following Super Lawyer advertisement to illustrate to the general public actual case examples comparing the money offered his clients in settlement to the ultimate money awarded by jury verdict after due deliberations.
From the above listing of cases the following three involved individuals who sustained a traumatic brain injury:
Park -v- Rizzuiti a Supreme Court, Queens County case represents a $43,000,000.00 difference between the money offered in settlement to the traumatic brain injury victim and the money awarded by the jury.
Crespo -v- DASNY a Supreme Court, Bronx County case represents a $5,015,000.00 difference between the money offered in settlement to the traumatic brain injury victim and the money awarded by the jury.
Mouta -v- Essex a Supreme Court, Bronx County case represents a $9,965,800.00 difference between the money offered in settlement to the traumatic brain injury victim and the money awarded by the jury.
This comparative analysis illustrates two major points:
- Trial lawyer Andy Siegel had the confidence in his courtroom skillset to advise his clients not to take the money offered in settlement in the Crespo and Mouta cases despite the sizeable sum of money.
- Trial lawyer Andy Siegel had his finger on the pulse of his trials in all three cases and when the jury spoke—they spoke loudly—giving his TBI client’s significant sums of money—well in excess of the money offered in settlement.
If you sustained a traumatic brain injury, we at TBIHelpline.com suggest that you reach out to us to see if we can help you through these troubled times in any way we can.