$50 Million
Brain Damaged Child
Medical Malpractice
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
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A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation. The company was also looking to save money, so they employed mostly nurse anesthetists instead of trained doctors to administer anesthesia. The nurse designated to anesthetize him was, as it turned out, not even certified.
Only minutes after the child was brought into the operating room, his heart stopped as a result of an overdose of halothane anesthesia. The doctors failed to promptly intervene, and he went without oxygen for fifteen minutes. Thankfully, our client survived, but his life was never the same after the procedure. He had suffered severe brain damage that led to cognitive impairment and other medical complications.
After his condition was stabilized, he was moved to another hospital for rehabilitative therapy. Essentially, he had to learn to talk and walk again. Our client's parents began a medical malpractice lawsuit to hold the hospital liable and seek damages to address the long-term care their son now required.
They argued that the hospital placed their son’s life in the hands of an unqualified medical professional who did not operate with the required standard of care. Another medical professional would not have administered the same type of anesthesia or the same dosage considering the risk of overdose.
The hospital’s doctors denied liability and tried to link our client's overdose to his previous medical history. They claimed that he either had an allergic reaction to the gas or suffered a separate injury before the medical procedure.
When the defendants refused to offer a fair settlement, the case proceeded to trial in Court. Our office presented the case to a jury over five weeks, and the jury was about to begin deliberation. Eight years later, the evidence we presented to the jury showed that he was learning at a first-grade level, and injuries prevented him from functioning normally. He couldn’t even tie his shoes or ride a bike.
The evidence of medical malpractice we presented to the jury was compelling, and the defendants ultimately agreed to settle the case for a future payout of $50 million to help pay for our client's pain and suffering, loss of quality of life, and lifelong medical costs.
$31 Million
MVA - Police Officer
Brain & Spine Injuries, Car Accidents
A 35-year-old New York City Police officer was admitted to Jacobi Hospital with head and limb injuries after a collision.
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A 35-year-old New York City Police officer was a passenger in a police car going to an emergency call. As the police car went through a red light at a Bronx intersection with lights and sirens on, all traffic stopped except for a Chevy suburban owned by the New York City Transit Authority that struck the passenger side of the police car. Ms. A. was rendered unconscious and was admitted to Jacobi Hospital for two days with headaches, dizziness and vomiting. She saw many doctors, had constant physical therapy, multiple epidural injections and three arthroscopic knee surgeries. She suffered traumatic brain damage with migraine headaches, vertigo, nausea and memory loss, along with permanent nerve damage to her neck, back and both knees. The Police Department found her totally disabled and she retired from the force. Dansker & Aspromonte LLP Associates got the case shortly before the trial and gathered the evidence to prove brain damage. Although the Plaintiff was able to walk into the courtroom, the testimony and records demonstrated to the jury that the Plaintiff was in pain and suffered the consequences of the accident every day of her life.
$21.5 Million
Wrongful Death
Wrongful Death
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
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This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg. He was taken to a local hospital where he was seen by a trauma surgeon who determined that his leg was bleeding internally. A vascular surgeon who was supposed to be at the hospital within 30 minutes was called to perform the necessary surgery, but he did not come for over 2 hours. Despite having surgery to repair a torn artery behind his knee, our client died from an abdominal compartment syndrome when his abdomen filled with so much fluid that his organs stopped functioning. The case involved both a negligence claim from the sanitation truck accident and claims of malpractice. He was survived by his common-law wife and two daughters, ages 6 and 1. A portion of the recovery was placed in a structured annuity that protects and pays interest on the settlement funds and is tax-free. It provides lump sums of money at various junctures like college and milestone birthdays and monthly checks for expenses.
$10.3 Million
Pedestrian Injury
Truck Accident
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.
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A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver. Initially, she was treated for minor dental injuries and a concussion, but her problems progressed, and she felt increasingly ill and unsteady. After several months, a neurologist diagnosed her with traumatic epilepsy. Although at the time of trial she showed no visible signs of obvious injury or impairment and appeared to be completely recovered, the testimony of medical experts proved that not only was the epilepsy caused by the accident, but it was permanent and progressive.
$8 Million
Smoke Inhalation
Dansker & Aspromonte Associates LLP represented 60 tenants in the infamous Schomburg Plaza fire. A fire started in a jammed compactor chute on the 20th floor of the high-rise apartment building.
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Dansker & Aspromonte Associates LLP represented 60 tenants in the infamous Schomburg Plaza fire. A fire started in a jammed compactor chute on the 20th floor of the high-rise apartment building. The sprinkler system was not operational, and because of defective materials and workmanship, the fire and smoke escaped through the walls into the apartments. When the fire department arrived, they went into the basement where they put out a small fire, but they did not realize that a much bigger fire was raging on the 20th floor until it was too late to prevent injury to many residents, adults and children.
$7.8 Million
Pedestrian Accident
This female accountant was walking after work in Battery Park on the pedestrian promenade when she was suddenly struck by a speeding police motor scooter.
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This female accountant was walking after work in Battery Park on the pedestrian promenade when she was suddenly struck by a speeding police motor scooter. Angela was knocked over thirty feet in the air and sustained multiple skull fractures with resultant bleeding and swelling of the brain. In addition to losing IQ and memory, she lost her executive functioning ability, that part of the brain that is able to multi-task and organize things. The most debilitating injury is permanent vertigo which prevents her from lying down without getting dizzy and nauseous. The verdict of $6.3 million was appealed twice by the City. Their appeals were denied and, because of the delay, we collected an additional $1.5 million in interest.
$6.6 Million
MVA - Child in Van
Car Accidents
This case involved a 6-year-old girl who was in a minivan that was struck by an ambulance in a multi-car collision and sustained a fractured hip and fractured heel bone which required multiple surgeries.
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This case involved a 6-year-old girl who was in a minivan that was struck by an ambulance in a multi-car collision on the Northern State Parkway in Long Island, New York. As a result of the accident, Michelle sustained a fractured hip and fractured heel bone which required multiple surgeries. The ambulance denied fault and disputed the damages. At trial, the jury found the ambulance to be at fault and awarded a multi-million dollar verdict.
$6.25 Million
Serious Injuries
Bicycle Accident
A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage.
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A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage. Although he remembered little of the accident, the jury rendered a verdict in his favor.
$5.5 Million
Construction Accident
Workplace Accident
The construction worker suffered fractures of his shoulder, clavicle, ribs and hip, as well as internal injuries which required multiple surgeries.
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Following a 4- story fall, a construction worker at a West 17th Street construction site in Manhattan recently won a $5.5 million dollar settlement from the general contractor and building owner for failing to provide him with a safe workplace. Defendants had argued that the fall was the result of the 56 year old construction worker’s own carelessness but Dansker & Aspromonte Associates LLP lawyers were able to prove otherwise.
As a result of his fall, the construction worker suffered fractures of his shoulder, clavicle, ribs and hip, as well as internal injuries which required multiple surgeries. These injuries required home care which was primarily provided by his wife who also received a payment of $500,000 as part of the settlement.
To minimize their own responsibility, the general contractor and building owner claimed that the worker had made an excellent recovery when he had not. In order to prove the case, Dansker & Aspromonte Associates LLP retained 5 separate experts to illustrate the full extent of the worker’s injuries and the disabling effect they would have over the course of his life.
$5 Million
NY Freeway Accident
Car Accidents, Truck Accident
In one of the most tragic cases this office has seen, two mothers and their four teenagers were driving to a high school swimming meet in a van. When the driver suspected a flat tire, the mother of two of the children inexplicably stopped the van in the right-moving lane of traffic.
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In one of the most tragic cases this office has seen, two mothers and their four teenagers were driving to a high school swimming meet on the New York State Thruway in a van. When the driver suspected a flat tire, instead of pulling over onto the shoulder, the mother of two of the children inexplicably stopped the van in the right moving lane of traffic. Within a very short time, the driver of a tanker truck traveling at a steady 65 miles an hour who claimed not to see the stopped van, struck it at full speed, literally cutting the van in half. There were two survivors with grave injuries and four fatalities. We secured the maximum insurance that was available to cover these claims.