While movies and television shows love to dramatize “the courtroom battle”, the fact of the matter is that over 90% of all personal injury and medical malpractice claims are concluded through a settlement, rather than decided through a jury verdict. This is due to the fact that there are advantages to reaching a settlement for… Read More
New Jersey car insurance policies operate on a “no fault” basis, meaning anytime a person is injured in a car accident, they are able to turn to their own car insurance provider for compensation for damages like medical expenses and lost wages, regardless of who was at fault for the accident. However, many drivers opt… Read More
While movies love to depict the epic courtroom battles that occur surrounding medical malpractice cases, statistics show that most medical malpractice cases are actually resolved through what is known as “a settlement”. Settlements are basically when the injured party and the insurance company of the negligent party decide to resolve the medical malpractice claim for… Read More
When one hears the term “mediation”, it is likely that they will think of it in terms of an alternative to divorce. However, mediation is also common in personal injury and medical malpractice claims as well. If you have been injured by a delay in diagnosis or treatment, by a surgical error, by negligent hospital… Read More
Medical malpractice lawsuits are an important legal option for patients injured by the reckless or negligent actions of treating doctors, physicians, nurses, hospitals, or care facilities. One of the most important components to the success of any Somerset County medical malpractice case is the testimony of medical professionals. They can not only knowledgeably describe the… Read More
In the last three years, Brian J. Levine has achieved verdicts and settlements in excess of $7.5M on behalf of his clients. These clients received fair and just compensation for their injuries arising from automobile accidents, slip and falls, dog bites and medical malpractice. The medical malpractice cases involved the development of decubitus ulcers/bedsores in a hospital setting, complications following a surgical procedure (i.e. laparoscopic cholecystectomy) and nursing negligence due to a fall from a hospital bed. Many of these cases involved complicated factual scenarios and difficult legal issues. Through Mr. Levine’s diligent and effective lawyering, in most of these matters, he was able to obtain settlement recovery for his clients, so that they could avoid the stress and uncertainty of a jury trial.
Medical Malpractice and Wrongful Death Matter
$500,000.00 Settlement Hudson County Superior Court
Plaintiff/decedent, cashier at Rite Aid, age 54, underwent an exploratory laparotomy with defendant doctor. Following the subject surgery, and while an inpatient, there were significant abnormalities in plaintiff/decedent’s complete blood count. Plaintiff/decedent continued to have abdominal tenderness and distension and was vomiting yellow and greenish fluid. Despite plaintiff/decedent’s symptoms and blood work, defendant doctor discharged plaintiff/decedent. Less than 48 hours later, plaintiff/decedent’s husband found plaintiff/decedent unresponsive and called 911. Plaintiff/decedent was taken to the hospital where she was pronounced dead a few hours later. The cause of death was found to be cardiac arrest due to a combination of severe sepsis, multiple organ dysfunction syndrome and severe metabolic acidosis. A lawsuit was commenced against the defendant doctor in the Hudson County Superior Court.
Motor Vehicle Accident
$475,000.00 Settlement Bergen County Superior Court
Plaintiff, age 61, was operating a vehicle that was struck on the passenger’s side by a vehicle operated by defendant, who failed to yield or stop at a stop sign. The impact caused plaintiff’s vehicle to flip over and the vehicle came to rest on the passenger side leaving plaintiff trapped in the vehicle suspended on her side being restrained by her seat-belt. As a result of the subject accident, plaintiff developed necrotizing pancreatitis several weeks after the accident. Plaintiff is now suffering from diabetes mellitus, which will affect plaintiff for the rest of her life. A lawsuit was commenced against the defendant driver in the Bergen County Superior Court.
Delay in Diagnosis of Lung Cancer
$460,000.00 Settlement as a Result of Medical Negligence
Plaintiff, age 37, was an inmate in a New Jersey State Prison, when a chest x-ray taken was read as showing a nodule on the left upper lobe and a follow up CT scan was indicated. A follow up CT scan was performed which showed an irregular left upper lobe mass, as well as a small adjacent satellite nodule. A pulmonary consultant recommended a repeat CT scan of the chest in three to four months. A chest x-ray was performed six month later which was read as normal. The subsequent x-ray was not normal and in fact showed that the abnormalities seen on the prior chest x-ray had grown in size. A proper reading of the subsequent chest x-ray should have resulted in a diagnosis of plaintiff’s lung cancer. As a result of the medical negligence of defendants which included radiologists, University Correctional Health Care, Rutgers and New Jersey Department of Corrections, plaintiff was ultimately diagnosed with Stage IV lung cancer and subsequently passed away.
Tort Claims Act case against
$375,000 Settlement Union County Superior Court
Plaintiff, age 60, was traveling on a county road adjacent to a county park when a decaying tree fell causing it to take down a smaller live tree. Both trees landed directly on the cab on plaintiff’s pickup truck. As result of the subject accident, plaintiff sustained a fractured cervical spine at C2, C5 and C6, which resulted in plaintiff undergoing an anterior cervical discectomy and fusion at C5-6. Plaintiff also sustained a fractured clavicle and fractured sternum. A lawsuit was commenced against the County in the Union County Superior Court.
Medical Malpractice Recovery
$350,000 Settlement in Wrongful Death Case
Plaintiff/decedent, age 76, was seen by primary care physician with complaints of chest pain. Primary care physician diagnosed plaintiff/decedent with the flu, despite having an abnormal EKG. Plaintiff/decedent returned home. Less than 36 hours later, plaintiff decedent had increased chest pain and was in distress. 911 was called and plaintiff/decedent was taken to the local hospital and passed away less than two hours later from a massive heart attack.
Motor Vehicle Accident
$300,000 Settlement Middlesex County Superior Court
Plaintiff, age 71, was operating a vehicle that was struck on the side by a vehicle operated by defendant who failed to yield or stop at a controlled intersection. As a result of the subject accident, plaintiff suffered a partial tear to the left shoulder rotator cuff, which required arthroscopic surgical repair as well as a subsequent surgical procedure. A lawsuit was commenced in the Middlesex County Superior Court.
Motor Vehicle Accident
$250,000 Settlement Somerset County Superior Court
Plaintiff, age 33, was operating a vehicle which was stopped at a red light when it was rear ended by a vehicle operated by defendant. As a result of the subject accident, plaintiff suffered a herniated disc at L5 and a disc bulge in L4. Plaintiff received conservative treatment and lumbar decompression surgery was recommended, but never pursued by plaintiff. A lawsuit was commenced against defendant driver in the Somerset County Superior Court.
Medical Negligence Against Orthopedic Surgeon
$150,000.00 Settlement Hudson & Morris County Courts
An orthopedic surgeon performed an unnecessary surgical procedure on the ankle of the 24 year old plaintiff. As a result, plaintiff is left with scarring and loss of range of motion. A lawsuit was commenced against the defendant, orthopedic surgeon, in the Hudson County Superior Court and was subsequently transferred to the Morris County Superior Court.
Dog Bite Law Suit Somerset County Superior Court
$150,000.00 Settlement Somerset County Superior Court
While visiting the home of a friend, minor plaintiff was bit in the face by defendants’ dog. As a result of the subject dog bite, plaintiff sustained lacerations to the neck, nose and forehead. A lawsuit was commenced in the Somerset County Superior Court.
Rear End Automobile Collision
$145,000.00 Settlement Hunterdon County Superior Court
Plaintiff, age 49, was stopped at a red light when his vehicle was rear ended by a vehicle operated by defendant. As a result of the subject accident, plaintiff suffered a re-tear of a previous SLAP repair of his right shoulder, which required arthroscopic surgery. A lawsuit was commenced against defendant driver in the Hunterdon County Superior Court.
Pedestrian Motor Vehicle Accident
$122,000.00 Settlement Union County Superior Court
Plaintiff, age 92, was a pedestrian in a parking lot when she was struck by a motor vehicle operated by defendant who was backing into a location where no parking was permitted and against the designated flow of traffic. As a result of the subject accident, plaintiff sustained a closed fracture of her right superior pubic ramis, fracture of a couple metatarsal bones in left foot, bruises and abrasions about plaintiff’s face, arms and legs. A lawsuit was commenced in the Union County Superior Court.
Negotiated Settlement for Rear End Auto Accident
$120,000.00 Settlement Four Car Chain Collision
Plaintiff, age 26, was operating a vehicle that was rear ended by defendant which caused a four car chain collision. As a result of the subject accident, plaintiff sustained L3-L4 posterior lateral disc bulge, L4-L5 posterior disc bulge and an aggravation to an L5-S1 disc bulge with an abutment of the right S1 nerve root and displaced S1 nerve root. As a result of the injuries sustained, plaintiff underwent a series of epidural steroid injections and ultimately a right sided L5-S1 hemilaminectomy and discectomy. Settlement was negotiated prior to the filing of a lawsuit.
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