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.

Motor Vehicle Accidents
Premises Liability
Product Liability
Medical Malpractice
Violent Crimes
White Collar
Property Crimes
Public Officials/Employees
Sex Offenses
Drug Offenses
Domestic Violence
False Swearing
Post Sentencing