Verdicts and Settlements

Estate of Paola Penafiel v. GEICO
Confidential seven-figure settlement

Ms. Penafiel was killed when her vehicle was rear ended while waiting to pay a toll on State Road 112 in Miami. The negligent driver was insured under a $10,000 bodily injury policy with GEICO. After GEICO refused to pay the $10,000 policy based on an alleged legal technicality, a bad faith claim was pursued against GEICO. After 6 years, 5 trials and an appeal, Ms. Penafiel’s estate entered into a confidential settlement.

M.D. v. Hospital**

M.D. underwent back surgery for chronic back pain. Postoperatively, M.D. developed a hematoma on his spine related to intraoperative bleed. As the hematoma grew in size, M.D. began to develop significant pain neurological deficits. After several days, M.D. was diagnosed with Cauda Equina Syndrome and emergency surgery was performed to decompress the nerve roots affected by the expanding hematoma. Due to the delay in diagnosis and surgery, M.D. suffers with permanent injuries associated with Cauda Equina Syndrome.

V.E. v. Hospital & Physicians

V.E. was admitted to a hospital for the birth of her second child. Leading up to delivery, V.E. demonstrated signs and symptoms consistent with preeclampsia. Following delivery, V.E.’s symptoms persisted and she required in-patient consultations with several medical specialists. The specialists determined that V.E.’s condition was transient, and discharged V.E. from the hospital. Within 36 hours after discharge, V.E. suffered a cardiopulmonary arrest at home. Although she was revived, V.E. suffered significant and permanent brain damage.

Caspi v. San Michelle at Weston

Ms. Caspi resided at San Michelle at Weston, an upscale apartment complex. While playing tennis, Ms. Caspi slipped and fell on an area of mildew which was permitted to grow on the playing surface. As a result of the fall, Ms. Caspi broke her wrist and required surgery at the Cleveland Clinic.

Estate of Penafiel v. Edgar Baena

While in line to pay a toll on Route 117 in Miami, Ms. Penafiel’s vehicle was rear ended and she was killed instantly. Ms. Penafiel was a single mother of two minor children.

T.G. v. Physician**
$250,000.00 - Settlement for Insurance Policy Limits

T.G. underwent a medically necessary surgery to remove her inflamed gallbladder. T.G. suffered injuries related to the performance of a laparoscopic cholecystectomy.

R.K. v. Hospital & University

R.K. presented to the emergency department with signs and symptoms associated with Cauda Equina Syndrome. After being improperly evaluated by a physician assistant student, R.K. was discharged with instructions for bed rest. A subsequent hospital admission resulted in an immediate diagnosis of Cauda Equina Syndrome followed by emergency surgery. Due to the delay in diagnosis and surgery, R.K. suffers with permanent injuries associated with Cauda Equina Syndrome.

N.Z. v. Hospital and Physicians**

N.Z. underwent a hysterectomy. At the conclusion of the procedure, the surgical team failed to account for all of the surgical materials used in the performance of the procedure. A surgical towel was left in N.Z.’s abdomen, which resulted in health complications and the necessity of an additional surgical procedure to remove the surgical towel which had embedded itself into N.Z.’s peritoneum.

Nicole C. v. Sergio Foschini

Nicole C. was a college student who was involved in a collision with Mr. Foschini on I-75. Within one week after the accident, Mr. Foschini’s insurance company tendered the limits of Mr. Foschini’s policy limits. Nicloe C. returned to school at the beginning of the next semester.

J.N. v. Private School**

J.N. was a minor who was bullied at school and subjected to sexual harassment by a group of students. It was alleged that school personnel, including J.N.’s teacher and the assistant principal, were aware of the repeated acts of harassment, but failed to undertake any corrective actions until the police investigated the acts of harassment as a crime committed against J.N.

Estate of Charles G. v. Dentist

Charles G. was a 92 year old man who underwent dental work. During a procedure, the dentist dropped a dental tool down the throat of Charles G., which was aspirated into his lung ultimately causing death. Limitations in Florida’s Wrongful Death Statute caused other firms to reject the case. The case was filed as a survival action by the firm permitting recovery.

Margaret D. v. Cruise Ship Line**
$105,000.00 - Settlement

Margaret D. was a passenger on a well known cruise line. One of the ports of call was the cruise line’s private island resort. While on the island, Ms. D fell off a hammock when the s-ring securing the hammock failed. As a result, Ms. D. suffered an injury to her non-dominate shoulder. The cruise line denied any liability as the island was owned and operated by another company not affiliated with the cruise line.

Edward Olguin, M.D. & Elizabeth Olguin v. State Farm Mutual Insurance Company
$750,000.00 - Settlement for Insurance Policy Limits

Edward Olguin, M.D., was the victim of a hit and run accident while riding his bicycle. As a result of the accident, Dr. Olguin required spinal surgery with the installation of a metal plate in his spine. After Dr. Olguin’s claim was initially denied, we filed an action seeking compensation for his injuries pursuant to his uninsured motorist insurance policy. During the course of litigation, State Farm Insurance Company agreed to tender the Dr. Olguin’s entire policy limits in settlement of the claim.

Client** v. Hospital**
$1,250,000.00 - Settlement

Our client suffered a herniated disc while playing volleyball. After diagnosing the Client with an injury to the nerves at the base of his spine (Cauda Equina Syndrome), the physicians caring for the Client failed to perform surgery in a timely fashion resulting in permanent injuries.

Karen Kressler v. A. Tullo, L. Raffone & Insurance Company**
$150,000.00 - Combined Settlement

Karen Kressler was involved in two separate accidents within a six month period. As a result of both accidents, Ms. Kresler aggravated preexisting injuries to her neck and back, and suffered a torn retina in her eye which required surgery. The settlement was a combination of payments from one of the Defendant’s insurance company, and a payment from Ms. Kresler’s uninsured motorist policy.

Betty G. v. Hospital**
$275,000.00 - Pre-litigation Settlement

Betty G. was an 85 year old widow who was admitted to the hospital for surgical revision of a prior hip replacement. Following surgery, Ms. G. developed a blood clot in her leg that was not immediately noticed by the nursing staff. It was alleged that the delay in diagnosing the blood clot contributed to cause the need to perform a below the knee amputation.

Erin A. v. Surgeon**
$250,000.00 - Settlement for Insurance Policy Limits

Erin A. underwent back surgery for injuries subsequent to a work related accident. Ms. A suffered additional back injuries when the surgeon misplaced surgical screws in her spine.

Morris & Caroline Zisk v. Gerard & Sara Silverman
$924,615.00 - Trial Verdict

Morris Zisk, age 81, suffered significant burns to his hands when he came into contact with unnecessarily hot water from the kitchen tap in the condominium he rented from the Defendants. It was alleged the hot water heater malfunctioned due to the Defendants’ failure to conduct routine maintenance. Several of Mr. Zisk’s fingers were amputated and he was in a coma for several weeks.

**Names excluded pursuant to confidentiality agreement preventing disclosures of the identities of the parties.