Practice Area Category: Personal Injury
In Melville, New York, our client fell 30 ft. while repairing a leak on the roof of a housing complex. Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein filed suit in the Supreme Court of the State of New York, alleged that the housing complex was negligent in failing to provide a safe working condition, and secured our client a $3,110,000 settlement.
Our client suffered injuries to his back, diagnosed as cervical and lumbar disc herniations, disc bulges, and annular tears. He also injured his left knee and ankle, which was diagnosed with multiple fractures and a left lateral meniscus tear. He underwent multiple steroid injections and an IDET procedure for his spinal injuries. For his ankle and knee injuries, he endured a series of epidural injections and nerve blocks, total knee replacement surgery, as well as tendon repair surgery. Furthermore, the client completed courses of physical therapy to improve his condition.
Davis, Saperstein & Salomon, P.C., retained medical experts to author narratives and prove the permanent nature of our client’s injuries. To assess financial losses, Marc C. Saperstein retained a vocational economics expert who found that the client’s injuries left him incapable to continue his work as a contractor, causing him to suffer a loss in future earning capacity.
Our engineering expert opined that the housing complex violated multiple labor safety laws, directly causing our client’s accident. These violations include not providing a proper elevation lift for our client, so he would not have had to climb the steep roof, and not providing any roof brackets or secured lifelines for our client to prevent any falls. The experts’ reports helped Partner Marc Saperstein in his fight to secure the client compensation for his injuries, pain, and suffering.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Annular Tear: An annular tear is a tear of something that appears ring shaped. It is usually referring to when the soft tissue disc that sits between a person’s bones in their spine is injured, causing the outer ring of the disc to tear. The outer ring is known as the annulus. A tear to the annulus, or an annular tear, causes the inside of the disc to leak. This can be called a herniated disc, or a ruptured disc, or even a slipped disc—they are all the same.
Disc Bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc. The outer shell often becomes weaker, and the disc begins to bulge to one side of the spinal canal or flatten. Many experience bulging discs after an injury.
Epidural Steroid Injections: Epidural steroid injections are a minimally invasive procedure that can relieve neck, arm, aback and leg pain; delivers steroids via a needle. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically last for three months or more.
Herniated Discs: Herniation describes an abnormality of the intervertebral disc that is also known as a “slipped,” “ruptured,” or “torn” disc. This process occurs when the inner core (nucleus pulposus) of the intervertebral disc bulges out through the outer layer of ligaments that surround the disc (annulus fibrosis). This tear in the annulus fibrosis may cause pain in the back at the point of herniation. If the protruding disc presses on a spinal nerve, the pain may spread to the area of the body that is served by that nerve. Between each vertebra in the spine are a pair of spinal nerves, which branch off from the spinal cord to a specific area in the body. Any part of the skin that can experience hot and cold, pain or touch refers that sensation to the brain through one of these nerves. In turn, pressure on a spinal nerve from a herniated disc may cause pain in the part of the body that is served by that nerve.
Intradiscal Electrothermoplasty (IDET): Surgical procedure to treat discogenic chronic lower back pain.
Knee Replacement: Surgery that replaces parts of injured or worn out knee joints. Bones or cartilage that are damaged are replace with parts made of metal or plastic. The surgery allows for the easing of knee pain and overall improved functionality.
Lateral meniscus: Crescent-shaped cartilage connecting the knee to the tibia (shin bone).
Nerve Blocks: Procedures, typically injections, that block pain from specific nerves. They are often used for general pain relief.
Tendon Repair Surgery: Surgical treatment for a torn or damaged tendon.
In Elizabeth, New Jersey, a 3-month-old infant was injured after being roughly handled and shaken by a frustrated day care worker. Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Union County, and proved that the childcare center and its sponsoring company were negligent in failing to provide a safe environment for the child, securing our client a $2,250,000 settlement.
The infant returned home from the childcare center suffering with intermittent seizures, diarrhea, vomiting, and with a large bump on her head. The infant’s mother took her to Trinitas Hospital in Elizabeth, New Jersey, where she was diagnosed with Shaken Baby Syndrome, and underwent a ventriculostomy, broad spectrum anti-bacterial and anti-viral therapy, as well as temporary intubation and ventilation. The infant continued to attend a medical day-care facility, where she received multiple forms of therapy that she needs to continue her development.
Davis, Saperstein & Salomon, P.C., retained a vocational economics expert to create the child’s life care plan. Our expert determined that the infant will require a Home Health Aide until she turns 21 because she suffered severe verbal, cognitive, and motor developmental delays. To determine financial losses, Marc C. Saperstein retained an economist, who found that the child and her family will suffer a future loss in earning capacity.
Davis, Saperstein & Salomon, P.C., also retained an early childhood education expert to prove proximate causation for the infant’s injuries. Our expert found that the childcare center and its sponsoring company violated several state licensing guidelines, by failing to properly train its staff and oversee the staff’s interactions with the children.
The experts’ reports helped Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein secure the client compensation for her injuries, pain and suffering.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Intubation: The insertion of a tube into a patient’s body
Shaken Baby Syndrome: A brain injury that results from shaking an infant or toddler in a forceful manner. It can result in long-term brain damage, or even death.
Ventriculostomy: A brain surgery that relieves pressure on the delicate tissues of the brain by draining excess fluid from the brain.
A Jury returned a verdict of $1,371,468.78 for a man who was severely injured after a commercial pressure vessel exploded at their workplace in Carlstadt, New Jersey. Our client, who worked as an industrial laborer, was knocked unconscious by the explosion. Workers’ Compensation attorney and Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein filed suit in The Superior Court of New Jersey, Bergen County, proved the man’s employer and their insurance company were negligent in failing to safely manage and supervise their employees and equipment, and secured the client a $837,500 settlement.
Our client suffered injuries to his shoulders, legs, head, back, and neck, and was taken by ambulance to Hackensack Meridian Medical Center in Hackensack, New Jersey. He was diagnosed with right tibia and fibula fractures, depressed skull fracture, a cerebral bleed, and burns on his lower back. Furthermore, his head injuries led to changes in personality and losses in memory and attention. He underwent open reduction and internal fixation to treat his fractures, and a cranioplasty with debridement to treat his head injuries. After his treatment, the client remained in a comatose condition for three weeks. He was transferred to a rehabilitation facility for a month and completed courses of physical therapy and psychotherapy regularly to improve his condition.
Davis, Saperstein and Salomon, P.C., retained medical experts to author narrative reports proving the permanent nature of the client’s condition. To assess the client’s future employability and financial loss, Marc C. Saperstein retained a vocational economics expert who found that his injuries caused work-limitations, resulting in a loss of several hundred thousand dollars of future earning capacity.
Partner Marc C. Saperstein retained an engineering expert to determine the liable party responsible for the client’s injuries, who found that the pressure vessel was significantly degraded and was not registered to the state’s records. Our expert opined that the Defendants should have recognized the obvious risks and outdated condition of the pressure vessel, and that the accident would have been avoided if they followed state regulations by properly maintaining, repairing, and replacing the vessel. The experts’ reports helped prove the client’s entitlement to financial compensation for his medical bills, loss in income, and pain and suffering.
Despite the Defendants filing of an appeal in the Superior Court of New Jersey, Appellate Division, Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein continued in his fight and secured our client a $837,500 settlement.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Cerebral Bleed: A type of bleeding that happens inside the brain, usually caused by a blood vessel bursting. It can lead to serious complications and requires medical attention.
Cranioplasty: A surgical procedure to repair or reconstruct the skull bone, often done to fix a defect or injury to the skull.
Debridement: A medical procedure to remove dead or damaged tissue, such as skin or bone, from a wound to promote healing and prevent infection. It is often done using special tools or solutions.
Depressed Skull Fracture: A break in the skull bone that causes a part of the bone to be pushed inward towards the brain, which can be dangerous and may require surgery to fix.
Fibula: A smaller bone in your leg, located next to the tibia. It helps support the tibia and plays a role in ankle movement.
Open Reduction and Internal Fixation: A surgical procedure where broken bones are put back into place (reduced) through a cut in the skin, and then held together with screws, plates, or rods (internal fixation) to help them heal properly.
Tibia: A large bone in your leg, also known as the shinbone, that connects your knee to your ankle.