Salenger, Sack, Kimmel & Bavaro

$1.9M

Construction Accident

Our client, a union roadway foreman, was performing duties at a construction site in New York City when an unfortunate incident occurred. During operations, a sizable piece of asphalt, measuring 3 feet by 3 feet and weighing several hundred pounds, fell several feet out of the bucket of a backhoe while being lifted onto a truck. The impact of the falling asphalt resulted in severe and permanent injuries to our client’s ankle and foot, rendering him unable to return to work.

$6.9M

Medical Malpractice

A 34-year-old computer technician and part-time singer, sought medical care for the removal of vocal cord polyps through a routine laser procedure. However, what should have been a standard medical intervention took a devastating turn due to unforeseen complications. During the procedure, a critical oversight occurred: the medical team failed to adequately remove oxygen from the operative field. This oversight allowed a spark from the laser to ignite an “airway fire” within our client’s throat and lungs, leading to extensive burns throughout his trachea and into his lungs. The repercussions of this incident were acute. Our client, once gifted with the ability to sing and communicate effortlessly, suffered the irreversible loss of his voice.

$8M

Medical Malpractice

Our client, a college student managing ulcerative colitis, sought care from a gastroenterologist for worsening gastrointestinal symptoms. His physician recommended a diagnostic colonoscopy to be performed in a hospital setting. Two days before the procedure, he reported a severe headache that persisted without relief. Unfortunately, this critical symptom was dismissed as stress-induced anxiety, and no further investigation was conducted. The colonoscopy proceeded as scheduled, but during the hospitalization, his condition worsened. Medical staff administered IV Remicade to address gastrointestinal distress, but his persistent headaches were again attributed to anxiety and treated with Ativan. As his hospitalization continued, alarming neurological symptoms emerged, including vision changes and numbness in his legs. These symptoms were documented but not properly addressed, leading to catastrophic consequences.

$8M

Medical Malpractice

Our client, a 35-year-old woman, arrived at a Staten Island hospital at 41 weeks gestation for the anticipated delivery of her child. After enduring approximately 30 hours of active labor, concerns emerged when fetal monitor strips indicated clear signs of oxygen deprivation to the baby. Despite these alarming indicators, additional distress signals surfaced over the next 5 hours, including: An elevated fetal heart rate, Abnormal fetal monitor readings. Instead of promptly opting for an emergency cesarean section, the attending doctor chose to delay intervention. This decision proved catastrophic as the doctor proceeded with a vaginal delivery despite the growing danger. The newborn suffered prolonged oxygen deprivation during labor, leading to irreversible brain damage. The child was later diagnosed with spastic quadriparesis secondary to cerebral palsy, a severe form of motor impairment that will require lifelong medical care, therapy, and specialized support.

$4.8M

Pedestrian Accident

In the midst of a parking spot dispute on a New York City sidewalk, a 32-year-old delivery man for a flower shop fell victim to an assault. He was struck in the head, propelled into the roadway, and ultimately run over by a passing City bus. The lawsuit contended that our client was on the ground for approximately 20 seconds before the bus ran over his leg. The bus driver testified to witnessing the assailant assault our client and shove him into the street, with these events lasting about 30 seconds. Additionally, the driver claimed that our client was on the ground for 5-10 seconds before being run over by the bus. Despite the driver’s assertions of being unable to turn left due to obstructing vehicles, we argued that there was sufficient time for the driver to perceive the assault and prevent contact with our client. As a result of the accident, our client suffered a below-the-knee amputation of his leg.

$2.7M

Medical Malpractice

A 19-year-old single woman, in the latter stages of her first pregnancy, detected a lack of fetal movement. Despite expressing concerns to her treating ob-gyn, the defendant, she was reassured that the fetus was merely “asleep.” Several weeks later, when fetal movement ceased altogether, she did not inform her doctor, mistakenly believing the fetus was still sleeping. It wasn’t until she presented to the hospital that fetal distress was noted, prompting an emergency C-section. Tragically, oxygen deprivation during labor caused the infant to suffer brain damage and cerebral palsy.