Our Verdicts & Settlements

  • $268,000,000

    Defective Medical Devices

    Our firm helped lead the litigation while our firm represented hundreds of those affected by the defective leads.

    We are pleased to report that after 3 years of hard fought litigation with Medtronic a settlement was reached totaling $268 million dollars in compensation. This agreement was reached after the pending litigation had encountered serious federal preemption hurdles which resulted in cases being dismissed or stayed. This proposed settlement was designed to avoid the uncertainties and risks associated with the federal and state court appeals.

    With his vast experience in the area a firm attorney was appointed to the Plaintiff's Steering Committee in the Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, MDL No. 08-1905 and the settlement would not have been possible with his help.

    If you have questions regarding a Medical Malpractice case and would like to have the support of a knowledgeable law firm, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a consultation. Call our office toll-free at (888) 260-0473 or contact us online today.

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  • $195,000,000

    Defective Medical Devices

    The firm represented hundred of clients with defective internal cardiac defibrillators and helped successfully negotiate a settlement on their behalf.

    As part of the Plaintiff's Steering Committee our firm represented hundred of claimants who had defective internal cardiac defibrillators manufactured by Guidant in the Guidant Multidistrict Litigation. The investigation would lead to criminal charges on the corporation and the government ultimately fined Guidant $296 Million and ordered 3 years of probation for the company.

    Guidant failed to report safety violations to the Food and Drug Administration regarding some of their defibrillators and it wasn't until two doctors reported the defects to the authorities that the devices were recalled because of product defect. There were 7 deaths associated with the recalled defibrillators.

    Have you or someone close to you been harmed by a defective medical device? Please contact us today online or by telephone at (888) 260-0473 to speak with an experienced New York medical device recall lawyer. Our law office is conveniently located in a brownstone in Midtown Manhattan located at 113 East 37th Street.

    For more information, please visit our drugs and medical devices information center.

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  • $118,000,000

    Defective Medical Devices

    As part of the Plaintiff's Steering Committee a firm attorney successfully won compensation for thousands implated with recalled defibrillators.

    A firm attorney was appointed to the Plaintiff's Steering Committee for the Medtronic Internal Cardiac Defibrillator Litigation. He and the attorneys at Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP worked with firms around the nation in bringing about the $118 million settlement for defective Medtronic internal cardiac defibrillators. Over the course of our investigation it became apparent that not only were these devices defective but that in some of the devices there was another defective component that was being used in other internal cardiac defibrillators, the Medtronic Sprint Fidelis lead.

    A settlement was reached for both the defective defibrillator and the defective leads totaling over $380 million dollars in total compensation.

    If you have been injured by a defective drug or medical device contact one of our attorneys today.

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  • $21,000,000

    Personal Injury

    We recently tried and won a case on behalf of three young siblings who ingested lead-based paint from their apartment, resulting in the diminishment of his or her cognitive functions.

    Evidence established that the apartment building the children grew up and lived in contained 58 sites that had been identified as a site of lead-based paint, each constituting a violation of a building code. The law specifies that any dwelling constructed prior to 1960 must be presumed to have lead-based paint, and it is the landlord's responsibility to remove any such peeling paint from any area that is inhabited by children that have not yet reached age 7. Because of the ingestion of the lead-based paint and the lead that had deeply penetrated their bones, the children underwent chelation therapy. Each child suffers from residual diminishment of his or her cognitive functions, and has suffered impairment of his or her ability to learn. Their IQ scores are consistent with those displayed by mentally retarded children, and all will be confined to special education classes. One child in particular suffers a residual behavioral disorder that necessitates daily, supervised assistance, and any potential offspring of that child would bear an increased risk of suffering cognitive impairment, mental retardation and lead-based contamination of their bones.

    The jury returned a verdict for the plaintiffs in the amount of $21 million. J. G., an infant by her m/n/g E. G., and E. G., Individually; J. R. and M. R., infants, by their m/n/g M. R., and M. R., Individually v. 824 South East Boulevard Realty Inc.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $20,000,000

    Personal Injury

    A Bronx Jury awarded $20,000,000.00 to our client, a 10 year old girl dropped down stairs out of her stroller by a security guard in the building where she lived with her mother. Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP, Partner Thomas Giuffra, was trial counsel for the family and obtained the verdict after a three week trial.

    The child, Imani Santiago was just four days old, and was being carried in a stroller by a security guard at a shelter in the Bronx. Because the stroller was heavy, the security guard jerked the stroller to get a better grip. To the horror of her mother, Jeninlee Reyes, following just steps behind, Imani fell out of the stroller, landing head first on the concrete steps. After Imani proceeded to roll down three more steps, her hysterical mother scooped her up and rushed her to Jacobi Hospital.

    At Jacobi, a CT scan was performed which demonstrated a bleed to the surface of the baby’s brain. After 36 hours, the baby was discharged from the hospital, with her parents praying that their daughter’s bleed was nothing to worry about. Only time could tell. Unfortunately, as soon as Imani started going to school, it became evident that she was having difficulties learning. She was just starting out, and was already so far behind. That’s when the family retained a lawyer.

    On June 26, 2013, exactly 10 years after the fall, Thomas Giuffra commenced the Trial in the Bronx Supreme Court, before the Honorable Mary Ann Brigantti-Hughes, J.S.C. The Jury would hear testimony from Imani’s teachers from the last three years, and learned that while Imani tries hard in school, she “just can’t get it”, and was significantly delayed in her abilities. The Jury learned from Plaintiff’s neurologist and neuropsychologist that the brain bleed was the cause of her problems. These experts specifically noted that the particular area of the brain bleed was responsible for the specific deficits that Imani exhibited, while the rest of Imani’s brain appeared to be functioning normally. The Jury was also given estimates by an expert regarding the loss in earnings that she would sustain as a result.

    The Defense lined up a team of experts to challenge Imani’s case and offered numerous alternative theories to explain Imani’s delays. The Defense even tried arguing that the security guard should never have been carrying up the stroller in the first place, and therefore argued that his employer should not be on the hook for his negligence.

    The Jury apparently saw right through the Defense’s efforts at avoiding responsibility. After less than an hour of deliberations, the Jury emphatically returned a unanimous verdict finding that the security guard was in fact acting on behalf of his employer, and that Imani’s injuries were caused by her tragic fall. The Jury then awarded Imani the total sum of $20,000,000.00

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  • $11,000,000

    Personal Injury

    A Brooklyn Jury awarded our client, a 19 year old man, $11,000,000.00 for injuries sustained as a result of lead poisoning he sustained when he was an infant. Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP, Partner Thomas Giuffra, was trial counsel for the family and obtained the verdict after a lengthy trial.

    Our client, Lameek, was just seven months old when he was initially was diagnosed with lead poisoning. At that time a non-party was the owner of the building. In June, 1995, the property was foreclosed, and OCI became the owner. OCI was located in Austin, Texas, and entered into a Master Listing Agreement with H.P. Greenfield, a real estate agency, to perform various tasks and sell the property. Throughout this period our client continued to have elevated blood lead levels. Approximately eight months after H.P. became involved with the building, the Plaintiffs moved out of the premises.

    Defendant claimed that it was a mere real estate agency and never managed the property. However, Mr. Giuffra argued that by virtue of the specific terms of the Master Listing Agreement, H.P. Greenfield was actually in exclusive control of the management of the premises on behalf of the owner, and that H.P. could be held liable for lead paint poisoning pursuant to Local Law 1 and common law negligence as the managing agent of the property. This argument was decided in favor of our client in the lower court. However, the Defendant appealed and the appellate Court also found they could be liable as the managing agent.

    The Defendant claimed if any management of the premises occurred, it was the unauthorized conduct of an independent sales agent who was affiliated with the real estate office. Since the acts were purportedly those of an "independent contractor", H.P. claimed that it could not be liable. We proved that H.P. would still be liable by virtue of its entering into a sales agent contract which also imposed duties which involved management of the premises. Additionally, H.P. was shown to be responsible for the contractor's actions, all of which were performed on H.P.'s behalf.

    It was a very hard battle establishing clear liability for our client's damages because he sustained a higher blood lead level during the period of ownership by the prior owner. Nevertheless, we argued that he should not be liable since the Department of Health did not issue any lead violations during his ownership period. We also argued that since it would be impossible to determine to what extent Lameek's deficits were caused by the lead poisoning sustained during each of the two periods of ownership, the Defendant should be responsible for all of his damages under the doctrine of successive tortfeasors. Lameek was classified as Learning Disabled and was placed in special education for the entirety of his schooling. The evidence demonstrated that he had to repeat several grades and ultimately dropped out of school at age 17 after concluding a 10th grade Special Education program.

    Both sides presented a neurologist and neuropsychologist who came to opposite conclusions regarding the cause and extent of Lameek's deficits. Defendant argued that decades ago the subject lead levels were regarded as average levels and were not associated with brain injury. Accordingly, Defendant's experts claimed based on this dated information, that the extensive cognitive problems our client suffered from could not be attributed to his relatively low lead levels.

    Mr. Giuffra countered that the studies relied on by Defendant's experts were twenty years out of date and more recent studies issued by the CDC recognized that low lead levels of this kind were associated with a wide range of cognitive issues. Furthermore, our experts argued the fact that our client sustained chronic lead exposure from birth, together with ongoing elevated lead levels after he moved out of the building, was particularly harmful because it occurred during the period of time that his brain was developing and most susceptible to toxic insult regardless of the lead level of the exposure.

    Defendant also called an expert who opined that New York City's lead testing was unreliable. However, the expert could not pin down an alternative source for Lameek's elevated lead levels, nor was the order to abate ever challenged by the Defendants.

    Defendant also presented studies purportedly establishing the financial impact of low blood lead levels. Relying on these studies, Defendant's economist testified that Lameek's economic damages would only amount to approximately $30,000.00. However, we contended that the studies were outdated, as most were from the early 1990's. It was also argued that the purpose of the studies was to demonstrate the economic impact to society as a whole and did not reflect the pecuniary harm sustained to the lead poisoned individual himself. Significantly, when questioned, Defendant's expert conceded that if Lameek's deficits were all caused by lead poisoning, then our economic expert's estimate of damages would be accurate.

    The jury completely disagreed with the arguments offered by the Defendants to try to escape from accountability for injuring our client. After three hours of deliberations, the jury returned a unanimous verdict of $11,000,000.00 in favor of our client. This was the second multi-million dollar verdict Mr. Giuffra won on behalf of his clients in 2013 and was the 14thof his career.

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  • $9,000,000

    Motor Vehicle Accident

    Tom Giuffra successfully tried a motor vehicle accident case with a jury bringing back $9 Million dollars in damages in June of 2012. The case, G. v. Mari, involved a 22 year old college student who was hit by a car making a left hand turn while traveling in her vehicle. The impact caused the air bags to deploy in our client's car sending her wrist into her head at a rate of 200 mph. Our client sustained a brain injury which causes post traumatic seizures and a severe obsessive compulsive disorder, in addition to a broken wrist. Leading experts on seizure disorders and o.c.d. testified that our client sustained significant injuries that she will suffer from for the rest of her life.

    After a month long trial the jury came back with a verdict of $9 million dollars to compensate her pain and suffering, loss of income, and medical needs caused by the defendant's negligence.

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  • $9,000,000

    Motor Vehicle Accident

    Tim T. was a young driver who drove for J.B. Hunt out of Phoenix, Arizona hauling Wal-Mart goods between there and the Southgate terminal in Los Angeles, California on same day turnarounds - about a 600 mile round trip. Tim lived in Buckeye, Arizona with his young wife and their two girls on a nice plot of land where they also kept horses. In 2004, Tim put up a split rail fence around the stables to make a safe place for his girls to ride. Tim was a big, happy loving man.

    Tim logged a lot of miles on I-10 between Phoenix and L.A., leaving early in the morning and getting home late in the evening (if everything went right with his loads and traffic). If he got held up, he would sleep in his tractor along the way somewhere. Tim drove a 2001 Freightliner Century Class integrated sleeper cab and hauled a single full length trailer. Unfortunately for Tim, his employer did not order the optional emergency exit door from Freightliner when they bought the truck.Tillman truck accident fire

    On January 18, 2002, Tim got held up in L.A. getting his load and by the time he made it through the rush hour traffic on I-10, it was late and he decided to stop in Indio, California and get some rest. He called Renee at 11:47 and told her he'd wake her in the morning when he got home. After that call, motivated by wanting to get back home to his family, Tim took something to keep awake and got back on the road toward home. A few miles later, for unknown reasons, Tim's rig drifted off the road to the left, hit a bridge abutment and rolled onto its left side in a dry wash. Another trucker, Mike H., was right behind him and saw the accident, parked his rig and ran to help Tim.

    By the time Mike got to Tim's rig, it was already on fire - the fuel tanks had ruptured and the spilled fuel ignited from the metal sparks thrown off during the accident - and the front of the rig was engulfed. Mike heard Tim banging on the skylight in the roof of the sleeper compartment which was now facing him with the truck on its side. Since the truck did not have an emergency exit in the sleeper compartment and the front of the truck was on fire, Tim's only possible exit was the skylight, which was not designed to open. So Mike took a rock and broke the skylight window out and saw the Tim was unhurt and that the fire was moving in their direction quickly. Mike grabbed Tim by the arms and pulled with all his might and Tim wiggled and pushed to try to get his big body through the small skylight opening. Tragically, Tim never made it and died right there half in, half out of his burning rig. (picture 4)

    We sued Freightliner in federal court in Riverside, California for making the truck without any emergency exits - they sold emergency exits as "options" and said it was up to the purchaser to decide if it wanted them. Unfortunately for them, their own expert's statistics from a survey he did showed that almost 90% of the other truck manufacturers sold their trucks with emergency exits as standard equipment. Freightliner's own tests showed that Tim could have exited the vehicle through an emergency exit, if it had one, even with the truck overturned like it was in less than 25 seconds. After a trial of several weeks, our jury found the Freightliner truck to be defective and returned a plaintiff's verdict for $9 million dollars (the Appeals Court later reduced that amount considerably but did not overturn the favorable verdict).

    If you or someone you know has been involved in a trucking accident, whether as a driver or passenger, or as another vehicle involved in the accident, a defective design may have resulted in serious injuries or even death. Contact our law office today to learn about other major design flaws and what legal rights you or a loved one may be entitled to. Call us toll free at (888) 260-0473?, or click here to contact our attorneys.

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  • $7,500,000

    Medical Malpractice

    Tom Valet recently settled a medical malpractice case involving an infant whose breathing tube became clogged with mucous, cutting off her oxygen supply. The child had successfully undergone routine heart surgery at age 4 months to correct a minor heart defect and was in the pediatric intensive care unit at Downstate Hospital in Brooklyn, hooked up to a respirator in the days following surgery. The nursing staff monitoring her care failed to properly suction the endotracheal breathing tube, which became clogged with mucous. The child stopped breathing, and there was a delay in responding by the support staff. By the time CPR was started, the child suffered severe brain damage as a result of lack of oxygen.

    The State of New York agreed to the largest settlement they have entered into in a medical malpractice case, agreeing to a settlement with a present value of $7.5 million, which is structured so that it will pay all of this child's medical and rehabilitative needs for the remainder of her life, a potential payout of over $50 million. Alia Robertson v. The State of New York.

    If you or a loved one has suffered tremendous loss at the hands of a medical professional or you have questions regarding a possible medical malpractice claim contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP for a free consultation. Call our office at (888) 260-0473 or contact us online today!

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  • $6,470,000

    Medical Malpractice

    We tried to verdict a medical malpractice case involving the failure of three chiropractors and physicians to diagnose our client's lymphoma for one year.

    By the time the diagnosis was made, the cancer had invaded the spine and collapsed one of the vertebrae. A neurosurgeon operated on the spine, and in the process of removing the tumor he interfered with the blood supply. As a result, our client's legs were paralyzed. The jury found that all three doctors were negligent in failing to diagnose the cancer. Sophia Hererra v. St. Martin et al.

    For answers to all of your questions regarding a possible Medical Malpractice claim, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation! Call our office toll-free at (888) 260-0473 or contact us online.

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  • $6,100,000

    Medical Malpractice

    Rheingold, Valet, Rheingold, Ruffo & Giuffra partner Thomas P. Giuffra won a $6.1 million dollar verdict on Friday April 4, 2014, in a medical malpractice case in New York County. No settlement offers were made prior to the verdict.

    Our client, "Jane Doe" (kept anonymous to protect her privacy) was infected with Hepatitis C as a result of negligent anesthesia practices while undergoing a colonoscopy performed by Dr. Norman Sohn at Somerset Surgical Associates, P.C. in Manhattan. The jury found that Dr. Sohn had negligently hired the anesthesiologist for the colonoscopy procedure and that he had failed to properly supervise the anesthesiologist.

    Dr. Sohn allowed the anesthesiologist, Dr. Brian Goldweber, to improperly re-use single-patient vials of the anesthetic propofol on multiple patients. Dr. Goldweber was responsible for a major Hepatitis C outbreak as a result of this improper practice and lost his medical license after a New York State Health Department investigation.

    The use of propofol is subject to special FDA rules. Only an anesthesiologist can administer propofol and propofol can only be sold in vials specifically marked for single patient use. These rules were specifically designed to prevent the spread of infectious diseases in the manner that occurred in this case. The risk that patients would be exposed to infectious diseases through the practices employed by Dr. Goldweber was well known in the medical community.

    Dr. Sohn refused to accept any responsibility for allowing Dr. Goldweber to engage in this improper practice at his clinic even though Dr. Sohn admitted he knew about it at the time of our client's colonoscopy. The case therefore went to trial

    After a two-week trial before Judge Joan Lobis in New York County Supreme Court, the jury agreed with our theory that Dr. Sohn had a n obligation to supervise Dr. Goldweber and should have prevented his mis-use of propofol. They also found that Dr. Sohn was negligent in his hiring of Dr. Goldweber because he failed to inquire about his background which included multiple disciplinary issues. Dr. Sohn also falsely stated that Dr. Goldweber was Board Ceritified when in fact he had failed the Boards several times. After two days of deliberations, the jury awarded our client total damages of $6.1 million.

    More than 15 lawsuits were filed by patients infected with Hepatitis C by Dr. Goldweber. However, Dr. Goldweber had no malpractice insurance and filed for bankruptcy, and all of the cases against Dr. Goldweber were dismissed without the victims receiving any compensation. Rheingold, Valet's client is the only victim of this medical travesty to go to trial because our firm recognized the potential liability of the colonoscopy clinic and sued Dr. Sohn for his role in failing to prevent the outbreak.

    The verdict is the 6th multi-million verdict that Mr. Giuffra has had since joining the law firm two years ago and the 15th multi-million verdict of his career. For the past 3 years Mr. Giuffra has been named as one of the top trial lawyers in New York State by Superlawyers magazine.
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  • $4,300,000

    Motor Vehicle Accident

    After winning a successful appeal, our firm tried and won a case on behalf of three passengers riding in a car with a defective tire.

    $4.3 Million Verdict in a defective tire case. This case was initially thrown out by the Judge, but after getting that decision overturned on appeal our firm brought this case to trial. The jury returned with a $4.3 Million verdict in favor of the plaintiffs.

    This case arose from a motor vehicle accident that occurred on August 1, 2002. There were 5 women in the Toyota Land Cruiser. The driver and the front passenger were wearing their seat belts. The back three passengers were not wearing their seat belts at the time of the accident and all were ejected from the vehicle during the roll-over.

    While traveling on Interstate 81 Southbound, the left rear tire failed and the vehicle careened out of control. It rolled over 4 times ejecting the rear seat passengers. One passenger died while the others received serious injuries. The case went to trial on March 19, 2012.

    After 2 ½ weeks of trial, the jury found Dunlop Tire Corporation strictly liable for a manufacturing defect in its tire that caused atotal tread separation from the tire carcass resulting in a single-vehicle roll-over accident. The jury also found Dunlop breached its implied warranty that the tire was reasonably fit for its ordinary purpose.

    The jury placed 100% of the liability on Dunlop and awarded each plaintiff according to her injuries and/or death. The plaintiffs in total received over $4.3 million.

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  • $4,194,000

    Personal Injury

    We recently tried and won a case on behalf of a man's wife after cancer took her husband's life. After reporting pain in his back and chest, the client had an X-ray performed. The radiologist reviewed the X-rays and determined that the results suggested a possible presence of a suspicious mass in the client's right lung. The radiologist recommended a CT scan, while the physician reviewed the X-rays and determined that further tests were not necessary. Approximately two years later, the physician prescribed another X-ray of the client's chest, which revealed that several large masses were now occupying the right lung. Further tests revealed that the masses were cancerous. The disease metastasized, and it ultimately claimed the client's life. The hospital's staff did not respond to its radiologist's suspicion that the client may have been suffering from cancer after the initial X-Ray.

    The jury returned a verdict for the plaintiff in the amount of $4.194 million for the delayed cancer diagnosis that took our client's husbands life. J. L., Individually and as the Administratrix of the Estate of A. L., Deceased v. David C. Byrnes M.D. & New York Methodist Hospital.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $4,100,000

    Medical Malpractice

    Tom Valet and We settled a medical malpractice case on the eve of trial involving the premature birth of our client's child. The mother's water ruptured prematurely, and she was admitted to the hospital for observation and bed rest. Although she was not in labor, the resident physicians at the hospital repeatedly performed vaginal examinations on the mother to check for cervical dilation. These examinations contaminated the uterus with bacteria, causing a loss of oxygen to the baby, who was born with significant brain damage.

    The settlement will allow the family to obtain needed occupational and physical therapy for the child as well as provide for the medical needs of the child for her lifetime. Arlene McDonald v. Bronx Lebanon Hospital.

    Pain and suffering from the devastating effects of Medical Malpractice, especially involving a child, can be great. During your time of need you may overlook certain legal rights you or a loved are entitled. Contact us today for a consultation and discuss all of your options. Call toll-free at (888) 260-0473 or contact us online.

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  • $3,250,000

    Medical Malpractice

    The Plaintiff was 47 years old when she underwent an operation on her colon in July 2002 at St. Catherine's Hospital in Smithtown, NY. During the hospitalization, the incision from her operation became infected. She was referred to a surgeon, Dr. Alfred Lieffrig, who diagnosed the infection on July 30, 2002, and took a culture to determine what bacteria had infected her incision. On August 3, 2002, the culture report indicated that she was infected with MRSA and advised treatment with any of 3 different antibiotics.

    Dr. Lieffrig testified that he was not familiar with MRSA and never treated a patient with MRSA before. He also testified that he was not familiar with the antibiotics used to treat MRSA. Nevertheless, he did not request a consult with an Infectious Disease specialist. Instead, he decided to "watch" the infection hoping it would get better on its own.

    He followed the Plaintiff for 2 months, each time documenting that the incision was still infected, yet never providing any treatment for it. On the last office visit, on October 3, 2002, he once again documented a chronic infection, but did nothing to treat it and in fact told our client that it was not necessary for him to schedule any further follow-up appointment, that the infection was nothing to be concerned about that she was over-stating her complaints of pain.

    Dr. Lieffrig admitted at the trial that during the entire time he treated the Plaintiff he did nothing to treat her infection. Even after she returned to him in December 2002 with a massive infection in her abdomen, he did nothing: he did not admit her to the hospital, he did not order antibiotics, he did not surgically drain the wound. Instead, he once again sent her home. Instead, she went to her Internist, who immediately admitted her to the hospital, where the infection was properly diagnosed.

    Unfortunately, the delay in treating the infection caused significant damage to our client's abdomen. She had to undergo three major surgeries in an attempt to repair the damage to her abdominal wall and muscles. However, complete repair was not possible and she continues to suffer from the effects of the damage done by the infection.

    After a two week trial, a Suffolk County, NY, jury found in favor of the Plaintiff and her husband. The jury specifically found four separate instances of malpractice by Dr. Lieffrig: failing to order antibiotics for the Plaintiff; failing to consult with an Infectious Disease expert; failing to surgically drain the infected wound; and discharging the Plaintiff with a chronic wound without scheduling a follow-up appointment. The jury awarded $3.25 million in damages.

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  • $2,800,000

    Medical Malpractice

    We recently tried to verdict the case of a 46 year old woman who underwent laparoscopy for the removal of uterine fibroids. During the procedure, the surgeon mistakenly removed her left kidney, believing it was a fibroid. The entire laparoscopic procedure was videotaped, and the tape was played for the jury, which was able to see for itself the removal of the healthy kidney. Marilee Maynard v. Harry Reich, M.D.

    When the trust you have in the medical professionals trained to protect your life is lost due to Medical Negligence, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP for a free consultation and answers to the difficult questions involved in medical malpractice cases. Call us toll-free at (888) 260-0473 or contact us online today!

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  • $2,250,000

    Medical Malpractice

    We recently tried and won a case on behalf of a man who experienced a loss of vision in his right eye after undergoing a biopsy in his nasal sinuses. The court found that the defendant surgeon departed from an accepted standard of medical care when he veered away from the midline of the growth while performing the biopsy, as well as using heavy instrumentation near the right optic foramen.

    The jury returned a verdict for the plaintiff in the amount of $2.25 million. R. S. and B. R.l v. Gady Har-El, M.D.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $2,032,000

    Construction Accident

    We recently tried and won a case for a man on a labor crew who sustained ankle, elbow, wrist, and head injuries when he fell twelve feet from a construction site's temporary walkway.

    A section of the plywood from the temporary walkway platform was improperly removed and replaced, not done accordingly to the applicable building code. The fall resulted in fractured right ankle, fractured right (dominant arm's) elbow and wrist, closed head injury, and a torn right knee meniscus. It was determined that the client is now unemployable due to his chronic pain syndrome and physical limitations.

    The jury returned a verdict for the plaintiff in the amount of $2.032 million. A. G. v. City N.Y. N.Y.C. Board Education, N.Y.C. School Construction Authority, L&B Construction NY, Inc., and Famous Waterproofing, Inc.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $2,000,000

    Construction Accident

    We recently tried and won a case on behalf of a man on a labor crew who was struck by a saw and sustained an injury to his right thigh. The client was struck by a kick-back from the saw, resulting in 70 percent of the bone's thickness being cut. The site was not appropriately safeguarded nor provided with the proper, safe equipment that is required of Labor Laws, and the defendants negligently failed to ensure the workers' safety.

    The jury returned a verdict for the plaintiff in the amount of $2 million. M. G. v. City of New York Greater Jamaica Development Corporation.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at 888-335-9457 or contact us online.

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  • $2,000,000

    Personal Injury

    We recently tried and won a case on behalf the estate of a deceased man who succumbed to pneumonia due to uncontrolled hypertension, inadequate medication, and negligent supervision from his nursing home. The facility neglected to properly supervise the client, who went missing for two hours, developed pneumonia from the cold, and subsequently died. In addition, staff at the nursing home had failed to administer eight medications that the client had been prescribed to his appointment at the dialysis center during the time he had gone missing.

    The jury returned a verdict for the plaintiff in the amount of $2 million. B. S., Individually & as the Adminstratrix of the Estate of J. T. Deceased v. Shiva Ambulette Service, Inc., & Park View Nursing Home, LLC.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,975,000

    Personal Injury

    We recently tried and won a case for three young siblings who were exposed to lead paint in their apartment building, and suffered from lead poisoning.

    We recently tried and won a case for three young siblings who were exposed to lead paint in their apartment building, and suffered from lead poisoning. The New York City Department of Health detected numerous areas of actionable lead levels while inspecting the client's residence, and ordered an emergency abatement. The city advised that the children would be safe in the residence while the abatement proceeded. After the first abatement, the city found that violations still remained, and that the children developed lead poisoning during the abatement. The daughter who resided in the apartment sustained a loss of 25 IQ points due to lead poisoning, as well as disturbances of executive functions, and language, processing and perceptual motor impairments. One of the sons suffered from permanent learning disabilities, a 10 point IQ drop, neurocognitive disorders, and impairment of perceptual-motor abilities, language, and memory.

    The jury returned a verdict for the plaintiffs in the amount of $1.975 million. L. W. , an Infant, & N. W., an Infant, by Their m/n/g, N. W.; K. M.l, an Infant, by His Guardian ad Litem, N. W., Indv. v. Pikam Vajdat, Monsour Khayyam, Marsquare Realty Corp., & Carlo Carillo & City N.Y. / Moujan Vahdat & Mansour Khayyam v. City N.Y. & George Baldwin.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,740,000

    Personal Injury

    We recently tried and won a case for a building superintendent who suffered from amputated fingers from an improperly manufactured snow blower. During the course of a job, the snow blower stopped working. The client called the assigned maintenance company to repair the machine on site. The repairman replaced a belt on the snow blower with a belt that was one inch smaller than called for in the manufacturer's specifications. As a result, the dead man's feature on the machine - designed to stop the blades within five seconds after the feature is disengaged - was disabled. The client had used the snow blower eight to ten times previously, and during those times that he had used it, the blades would stop moving if the dead man's feature was released. After the repairman worked on the snow blower, the client went on to use the machine for forty five minutes without incident, until a wire hanger became entangled in the snow blower blades. When the client went to remove the hanger from the chute, and left the engine running while he did so. After he removed the hanger, the snow blower blades began to turn at full power, amputating three of his fingers.

    The jury returned with a verdict for the plaintiff in the amount of $1.74 million. O. and M.C. v. Kew Forest Maintenance Supply Co., Inc. and Ariens Co. / Kew Forest Maintenance Supply Co., Inc. v. Princeton Management Corp. d/b/a or a/k/a Princeton Plaza Management and David Minkin Real Estate.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,700,000

    Medical Malpractice

    We recently tried and won a case on behalf of a woman who experienced loss of vision in her left eye after a cataract surgery resulted in a migrating artificial lens that decomposed and went untreated by a specialist. The client underwent four surgeries, but her left eye deteriorated until its vision was permanently lost. An artificial lens displacement prompts a referral to a doctor whose specialty involves treatment of retinas. A timely treatment would have preserved the client's vision.

    The jury returned a verdict for the plaintiff in the amount of $1.7 million. V. B. v. Ifeoma Ezekwo, M.D. & Our Lady of Mercy Medical Center.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,600,000

    Personal Injury

    We recently tried and won a case on behalf of two young siblings, both of whom experienced exposure to lead, causing permanent brain damage. Inspectors determined that the building the clients lived in contained an actionable level of lead, ordering the landlord to abate the hazard. A subsequent inspection proved that the abatement had not been properly performed and that the children had remained in the apartment -- because the New York City Housing Authority advised that the family could safely remain in the apartment while the abatement was being performed. It was claimed that the children were poisoned by exposure to lead-based hazards present in the apartment, resulting in the children presenting permanent residual injuries including amnestic disorder, impairment of developmental and learning skills, disturbances in executive functions, memory and perceptual motor skills, and a 10-point drop in IQ.

    The jury returned a verdict for the plaintiffs in the amount of $1.6 million. T. A. & S. A., Infants by Their m/n/g, T. H., & T. H. Indv. v. The City of N.Y. N.Y.C.H.A. & Alicia Glover.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,500,000

    Medical Malpractice

    We recently tried and won a case for a woman whose cancer diagnosis was delayed for almost two years, allowing it to grow unchecked from easily-cured stage I to terminal stage IV.

    We recently tried and settled a case shortly before closing statements for a woman whose cancer diagnosis was delayed for almost two years, allowing it to grow unchecked from easily-cured stage I to terminal stage IV. Initially, the hospital ordered and performed a hysterectomy after finding a malignant form of cancer in the left ovary. A second review of the pathology sketches showed that it was a non-invasive condition. The client continued to be treated at the OB-GYN department without additional testing. When the client was referred to another oncologist, it was then that she was diagnosed with stage IV ovarian cancer.

    The settlement was in the amount of $1.5 million. Before the trial began, the Defendants refused to offer anything to settle the case. After two weeks of trial, they settled the case. R.M. v. New York City Health & Hospitals Corporation.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,500,000

    Medical Malpractice

    In this medical malpractice case, the evidence of malpractice we developed was so overwhelming that the defendants felt they had no choice but to settle the case even without the necessity of our having to file suit against the defendants. In September 2007, our client underwent biopsies of both breasts at Queens Hospital Center, which is operated by the City of New York's Health and Hospitals Corporation. She was told that she had cancer in both breasts, and underwent a bilateral mastectomy (both breasts were surgically removed). Subsequently, it was determined that the hospital pathologist had mixed up the slides of the tissues taken from the left and right breasts during the biopsies. While our client did have cancer in the left breast, she never had cancer in the right breast; surgical removal of the right breast had been unnecessary. After obtaining our client's medical records, Tom Valet, who is Chair of the Medical Malpractice Committee for the New York City Bar Association, approached the head attorney for the Law Department of the City Health and Hospital's Corporation, who serves as a member of the Malpractice Committee. They agreed that a quick resolution of the case was in everyone's interests. Non-binding mediation was held, and the case settled for $1.5 million. Pre-suit settlements of malpractice cases are very rare, and this is one of the largest on record.

    When the trust you have in the medical professionals trained to protect your life is lost due to Medical Negligence, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP for a free consultation and answers to the difficult questions involved in medical malpractice cases. Call us toll-free at 888-335-9457 or contact us online today!

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  • $1,500,000

    Personal Injury

    Senior trial partner Thomas P. Giuffra recently tried and won a case for an Arizona artist who suffered a concussion and herniated discs on the Coney Island Cyclone, an old wooden roller coaster with little rider protection. The plaintiff, Paula Noone, is married and a mother of three children. The suit was against the Italian amusement company Zamperla, the parent company of Luna Park, the amusement venue that opened in 2010 on the former site of Astroland. The Cyclone is known for injuries as well as the August 2007 death of California guitar salesman Keith Shirasawa who died five days after a neck injury on the Cyclone. Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.
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  • $1,500,000

    Medical Malpractice

    We recently tried and won a case for a woman who presented lung cancer for five years before it was diagnosed.

    We recently tried and won a case for a woman who presented with lung cancer for five years before it was diagnosed. The client began to experience sharp chest pain, shortness of breath, and difficulty breathing. Various hospitals diagnosed her symptoms as pneumonia, skeletal pain or cardiac dysfunction, symptoms consistent with unstable angina, and congestive heart failure. Finally after the fifth year of complaints, she was diagnosed with inoperable lung cancer. The client claimed that her lung cancer could have been diagnosed five years earlier when it was in stage I. It was contended that the disease progressed to the terminal stage IV during the five years prior to its diagnosis.

    The jury returned a verdict for the plaintiff in the amount of $1.5 million. S. J. v. Jean-Marie Claude, M.D. & New York City Health and Hospitals Corp.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,258,000

    Motor Vehicle Accident

    We recently tried and won a case for a man who was struck by a vehicle while crossing the street near a poorly lit shopping center.

    We recently tried and won a case for a man who was struck by a vehicle while crossing the street near a poorly lit shopping center. The town had three street lights unlit at the scene, and the client was wearing dark clothes. As a result from being hit, the client suffered from a vertebrae fracture, lacerations requiring skin grafting, torn knee ligaments, fractured left arm, fractured left ankle, and a minor traumatic brain injury with cognitive deficits. He will continue to need two future surgical procedures, as well as psychiatric services and prescription medications over his life expectancy.

    The jury returned a verdict for the plaintiff in the amount of $1,258,660. A. K. v. Lucille S. Goldschlag and Town of Oyster Bay.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at(888) 260-0473 or contact us online.

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  • $1,080,000

    Birth Injuries

    We recently tried and won a case for a premature infant who suffered from an infiltration when hospital employees failed to properly monitor her IV line. In neonatal intensive care units, the nursing staff is required to monitor IVs with hourly checks. The hospital relied heavily on its check sheets, which indicated that the IV was checked hourly. It was noted that the IV flow rate was not addressed for approximately one hour and forty-five minutes. The client sustained an infiltration from the IV in her right ankle which adhered to the bone and caused a disfiguring scar. This extensive scarring led to a growth disturbance, resulting in a tibial curve and a leg-length discrepancy of approximately 1.5 centimeters. Medical testimony indicated that the client will require future surgery to correct the growth disturbance.

    The jury returned a verdict for the plaintiff in the amount of $1.08 million. T. A. as Mother and Natural Guardian of A. A. v. The New York Hospital.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $1,000,000

    Medical Malpractice

    We recently tried and won a case on behalf of a woman who experienced Reflex Sympathetic Dystrophy (RSD) after undergoing spinal surgery for a back injury. RSD is a neurologic pain syndrome that can have devastating effects. It is treatable if diagnosed early, but here the treating surgeon failed to make the diagnosis for several months, despite clear signs. By the time the client was referred for treatment, it was too late. The defendant doctor refused to permit the insurance carrier to negotiate and the case went to trial.

    The jury returned a verdict for the plaintiff in the amount of $1 million. Marie Sayhoun v. Richard Radna.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at 888-335-9457 or contact us online.

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  • $1,000,000

    Personal Injury

    We recently tried and won a case for an infant who was exposed to lead and resulted in lead poisoning in both of the apartment buildings he resided in. His blood lead levels continued to rise as he got older. The client suffered from permanent learning disabilities, was diagnosed with ADHD, and has attended special education classes since the third grade.

    The jury returned with a verdict for the plaintiff in the amount of $1 million. B. C., indiv., and as m/n/g of T. F. v. KGS Associates, Jack Sternklar, Stanley.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $800,000

    Medical Malpractice

    We recently tried and won a case for a man whose throat cancer diagnosis went untreated while he was assigned to a correctional facility. The client regularly visited the facility’s medical staff for treatment of a sore throat, hoarseness, swallowing difficulties, left-ear pain, and expectoration of blood. It was determined by the facility’s medical staff that the symptoms were chronic and unresponsive to antibiotics and over-the-counter medication.

    We recently tried and won a case for a man whose throat cancer diagnosis went untreated while he was assigned to a correctional facility. The client regularly visited the facility's medical staff for treatment of a sore throat, hoarseness, swallowing difficulties, left-ear pain, and expectoration of blood. It was determined by the facility's medical staff that the symptoms were chronic and unresponsive to antibiotics and over-the-counter medication. After being examined by an outside gastroenterologist, the client was then referred to an ear, nose and throat specialist. That referral was postponed by the correctional facility's supervising physician while the client's complaints persisted. After time, the client's referral was approved to see the specialist, and it was subsequently determined that his entire laryngeal area was corrupted by a cancerous tumor. The court found that the correctional facility's nursing staff had failed to properly address the client's complaints. It was observed that the nursing staff had a severe deficit of knowledge about throat cancer symptoms and failed to review the client's medical charts during treatment, which had notes that he had previously been a heavy cigarette smoker. The client underwent a complete neck dissection, a laryngectomy, a tracheotomy, and placement of a stoma, which he is completely depend upon for breathing. He also cannot speak without the aid of an electrolarynx.

    The jury returned a verdict for the plaintiff in the amount of $800,000. R. Z. v. State of New York.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at 888-335-9457 or contact us online.

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  • $750,000

    Medical Malpractice

    In a case that illustrates many things that are wrong with the manner in which medicine is practiced in New York and also with our system of holding bad doctors responsible, Tom Valet recently settled a case in the middle of trial for the widow of a man who died after undergoing open heart surgery.

    The negligence in the case was obvious: the surgical team failed to purge the air out the lines of the cardio-pulmonary bypass pump prior to surgery. When they turned the bypass machine on, air was injected directly into the patient's aorta which was carried to the brain and caused a massive stroke.

    The case never should have had to go to trial, but it did, because nobody on the surgical team would take responsibility. We had to fly in a cardiopulmonary surgeon and his support team to testify at trial. It was only after we did so that the defense finally agreed to settle. However, damages were limited by New York's archaic wrongful death law, which permitted the surviving widow to recover only for the economic loss she suffered as a result of her husband's death. She was not permitted by law to recover anything for her emotional loss. Theresa Sardono v. The State of New York.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation about your possible Medical Malpractice claim and learn about all of your legal rights. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $550,000

    Medical Malpractice

    Perhaps the most common malpractice case we see involves failure to diagnose breast cancer on mammogram films. There are a host of potential explanations for the large number of these cases, but we believe it has to do with the very nature of modern medical office practice. Reimbursements by insurance companies are down, so doctors try to make up for lost income by increasing the volume of patients they see each day. In the radiology field, this means reviewing more and more films every day, spending less and less time on each case. The result is missed abnormalities that were there to be seen if only more time had been spent reviewing the films, comparing them to older films to look for changes, etc. This case is typical of the mammography cases we see.

    The client, a 49 year old woman, went for a screening mammogram. The film clearly shows an abnormality, but the radiologist missed the diagnosis. The client had to undergo a mastectomy, that might have been avoided had a proper diagnosis been made. The client wanted a quick settlement, which we were able to achieve for her shortly after starting suit. Jane Doe v. Anonymous Hospital.

    Serious injury at the hands of your trusted physician can be devastating; during this confusing time you may overlook your entitlement to legal rights and compensation. If you have been injured by the negligence of a medical professional, contact us today for a free consultation and we will guide you through the legal process. Call the office toll-free at(888) 260-0473 or contact us online.

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  • $500,000

    Personal Injury

    We recently tried and won a case for a woman who broke four toes on her left foot when it became stuck in a step on an improperly maintained escalator.

    We recently tried and won a case for a woman who broke four toes on her left foot when it became stuck in a step on an improperly maintained escalator. The escalator company had a monthly maintenance contract but had not performed its regularly scheduled duties for more than nine months, creating a dangerous condition for the public.

    The jury returned a verdict for the plaintiff in the amount of $500,000. S. R. v. The Great Atlantic & Pacific Tea Company Inc., and Thyssenkrupp Elevator Corporation.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • $350,000

    Personal Injury

    This case involved a 68 year old woman who tripped and fell over a broken sidewalk in Manhattan in front of a commercial building. Due to changes in the law, the City of New York is no longer responsible for repairing broken sidewalks (except for sidewalks located in front of one family homes) and that responsibility has been shifted to the building owner-landlord. In this case, the building owner did not timely repair the broken sidewalk causing our client's accident. Our client suffered a fractured hip and required surgical repair which was successfully performed at Bellevue Hospital. After a couple of months of rehabilitation, our client fortunately made a full recovery from her injuries and was able to resume all of her pre-accident activities.

    A lawsuit was started in the Supreme Court of New York County. During the course of the lawsuit, the defendant building owner alleged that our client was partially at fault for this accident by not paying attention to where she was walking. Under New York State law, an injured victim can be held partially responsible for an accident which could reduce the monetary value of the case. In this particular case, we entered into lengthy settlement discussions and we were ultimately successful in obtaining a $350,000 settlement offer which was an excellent result for this type of case.

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  • $350,000

    Medical Malpractice

    This case involved a 14 year old girl who went for regular visits to her pediatrician. On each visit, he would document the fact that her spine was curved and getting progressively worse, a condition known as scoliosis of the spine. However, the pediatrician offered no treatmentand did not refer her to an orthopedist or other specialist for evaluation. It was not until a school nurse noted the degree of her scoliosis that she was seen by an orthopedist. Surgery was performed to correct the curvature, by placing rods into the back of the girl.

    Had the diagnosis been made earlier by her pediatrician, we argued that surgery could have been avoided by using braces to stop the progressive curvature of the spine. Kara Rykowski v. Orange County Pediatrics.

    We have confidence in the medical association to protect our loved ones from serious injury, and the emotional toll of having a child injured as a result of negligence by a family doctor can be great. If you have questions regarding a Medical Malpractice case and would like to have the support of a knowledgeable law firm, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a consultation. Call our office toll-free at (888) 260-0473 or contact us online today.

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  • Confidential

    Medical Malpractice

    Tom Valet settled a case where our client underwent open heart surgery for a cardiac bypass procedure. At the end of the surgery the operating room nurse noted that the sponge count was short one Ray-Tec surgical sponge. Ray-Tec sponges are designed with metal wires in them that show up on x-ray, a feature designed to prevent sponges from inadvertently being left inside a patient. The cardiac surgeon ordered an intraoperative x-ray to determine whether the missing Ray-Tec sponge was inside the patient. Unfortunately, the radiologist failed to see the Ray-Tec sponge, which was indeed still inside the patient, and wrongly advised the surgeon that no sponge was seen on the x-ray. After complaining about difficulty breathing for four months, the missing sponge was finally discovered by other doctors inside the patient. Unfortunately, the patient’s health has deteriorated and he is not able to undergo surgery to remove the sponge, which is still inside him. The case settled for a confidential sum. Campbell v. United Health Service Hospital (Wilson Medical Center), Broome County, NY.

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  • Confidential

    Personal Injury

    We recently tried and won a case on behalf of a young girl who was abducted and raped by a serial rapist while entering her building with a group of people due to a broken building intercom. She was held at knifepoint, forced to the open roof of the building, and was attacked for 30 minutes. The housing authority failed to provide reasonable security based on the foreseeable risk of crime: the housing area had numerous reported violent crimes occurring over the three-year period prior to the attack. Prior to the assault, the intercom had been out of service for several months, the rooftop doors were not alarmed, and there were no security cameras. A housing-authority witness acknowledged, and photographs were shown, that bullet holes had appeared on the rooftop doors on several occasions. The young girl was raped, sustained trauma of her neck and lower back, suffered lacerations that produced scars, as well as many distressing emotional disorders.

    The jury returned a verdict for the plaintiff in the amount of $745,000. "Jane Doe," by Her Mother & n/g Jean Doe & Jean Doe, Indiv. v. New York City Housing Authority & Ahron Kee.

    Contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today for a free consultation and understand your rights. Don't be taken advantage of by those who are negligent in your care. Call our office toll-free at (888) 260-0473 or contact us online.

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  • Confidential

    Motor Vehicle Accident

    ButchButch M. was an experienced driver, former Marine, loving father and husband who drove a 1999 Freightliner FLD-112 day cab for Old Dominion Freight Lines out of their Greensboro, North Carolina facility. Butch was 57 and he and his family lived in nearby High Point. In 1998, he was running the Greensboro/Boston route up and down the I-95 northeast corridor. Butch would stop at O.D.'s facility in Newark, NJ along the way to refuel, bunk overnight if necessary or change loads. Butch was an excellent driver with an outstanding safety record.

    On the afternoon of September 14, 1998 on I-95 in New Rochelle, New York Butch died a horrible death in a fiery crash after being sideswiped by a young woman - who had her license for less than a year, was late for work and was driving carelessly. After the other driver came into Butch's lane and hit him, Butch lost control of his rig (which was hauling twin pup trailers) and hit the jersey barriers on both sides of the highway. The impact with the first barrier caused a broken leaf spring to puncture the right fuel tank and spray fuel on the nearby turbocharger and catch fire engulfing the cab in flames before Butch could even bring the rig to a stop. Butch, totally unhurt from the accident itself, climbed out of the burning truck already burnt and on fire and attempted to extinguish the flames by rolling on the pavement. Unfortunately there was also fuel there from the other tank having ruptured and the fire only got worse. Butch died right there in the left lane of northbound I-95 while people watched unable to help.

    Butch's tractor had two 100 gallon .125 gauge aluminum fuel tanks mounted side-saddle and forward on the chassis less than 3 inches away from the rear end of leaf springs that were not military wrapped and less than 20 inches away from the red hot turbocharger. The New York State Police determined that leaking diesel fuel from the ruptured right fuel tank was the cause of the fire. There was very little left of the tractor by the time the fire was put out. You can still see the physical evidence of Butch's accident and where he died when you drive that stretch of interstate.

    Truck Fire Due to Fuel System DefectOn behalf of Butch's wife and kids, we sued Freightliner and the driver of the other car. After several years of intensive litigation (we took over 60 depositions in this case and spent over $500,000 in case expenses), the case settled for a confidential amount on the eve of trial. Many of the defects discussed above were present in Butch's truck and are present on millions of trucks still on the road today. The driver and owner of the other vehicle contributed to the settlement as did our deceased client's employer, a trucking company, that was sued by Freightliner. McDaniel v. Freightliner, et al.

    Contact us today if you or a loved one has been injured in a trucking accident. We are here to help answer all of your questions, call the office at 888-335-9457 or contact us online for a free consultation.

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  • Confidential

    Personal Injury

    In a recent decision in the Supreme Court, Appellate Division, Third Department, Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP successfully argued to have a dismissal overturned in a case involving a defective tire.

    The case involves a product liability claim involving a blown tire. Our firm prepared the case and prosecuted it vigorously with experts. Senior Partner Paul Rheingold argued the appeal and now our clients will get the trial they deserve.

    If you or someone you know has been involved in an automobile accident, whether as a driver or passenger, or as another vehicle involved in the accident, a defective product may have resulted in serious injuries or even death. Contact our law office today to learn about other major design flaws and what legal rights you or a loved one may be entitled to. Call us toll free at (888) 260-0473 or click here to contact one of our attorneys.

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  • Confidential

    Personal Injury

    This case settled during trial in federal court. The plaintiff was rendered paraplegic during an accident involving the Chevrolet Blazer in which he was riding as a rear seat passenger. The plaintiff was unbelted in the accident because the rear seat belt was unavailable to him because the defectively designed dual center retractor housing permitted the latch plate to become easily jammed inside. Michael Hutzler v. General Motors, et al.

    If you find yourself the victim of serious injury as the result of defectively designed car part or seat belt, you may be entitled to compensation. Contact us today toll-free at (888) 260-0473 or online for a free consultation and hear your options.

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  • Confidential

    Product Defect

    We have settled cases on behalf of clients who have been injured by Bextra (valdecoxib). This was the pain reliever made by Pfizer which was forced off the market by the FDA in October 2005. The litigation was much like the Vioxx litigation. Unlike the Vioxx settlements, which were being processed through a formal administrative process, Bextra cases were settled through a more informal process using a special master. Interestingly, Pfizer spent much time fighting the litigation even though "the writing was on the wall" that a settlement would eventually occur. Paul Rheingold from our firm was part of the unrelenting fight against Pfizer. He was a steering committee member in New York State propelling the litigation against Pfizer. Many suits were filed in NY as Pfizer has its corporate headquarters here. The New York litigation was essential in a two-pronged attack against Pfizer, the other attack being in federal court. Injuries included: heart attacks, strokes, and Stevens Johnson Syndrome, a serious skin disorder. The Stevens Johnson Syndrome injury (SJS) was attributed to the sulfa molecule in the Bextra formula, and presented a special risk to anyone who had a previous sensitivity to sulfa medication. SJS can produce horrible injuries to the body. One of our clients had many areas of her body, including her eyes, permanently damaged.

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  • Confidential

    Defective Medical Devices

    Medtronic - On August 1, 2008 the court approved the disbursement of 40% of settlement funds to injured claimants further ordering that no attorneys fees be deducted from this amount. We are happy that our clients will begin to receive money they so rightly deserve.

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  • Confidential

    Defective Medical Devices

    Implantable Cardiac Defibrillators are devices placed in the body intended to prevent cardiac arrest from a severe irregular heart beat. A wire (lead) is attached to the heart and is connected to a miniature computer that contains its own power source that is placed under the skin usually in the area in the upper chest. The device monitors the heart beat and is intended to react to it's changes. The built-in pacemaker replaces the hearts normal pacing system and restores normal heart rhythm. In some situations the device will deliver an electrical shock to the heart to either restart or reset the heart rate.

    • On June 17, 2005, Guidant announced they were recalling 46,000 of their implantable defibrillators. They advised that a tiny switch inside the device was prone to malfunction and would prevent the device from providing the electrical pulse needed for proper pacing. Guidant had been the focus of multiple news stories, as well as FDA and Justice Department scrutiny as a result of its actions involving the manufacture, sale and marketing of these devices. After the initial recall, Guidant announced additional recalls covering another 75,000 devices including its Insignia brand of Pacemakers.
    • We are extremely pleased that the Guidant litigation settled after a push in court by the plaintiffs. A firm attorney was selected from an elite group of attorneys to represent the claims for all injured claimants, not just ones from our firm. Guidant sought to have the litigation dismissed by being protected under FDA loopholes. However, they finally decided to settle cases after extensive discovery conclusively revealed defects with their devices.
    • Guidant Implantable Cardiac Defibrillator Litigation: The federal judge overseeing this mass tort appointed RVRM partner to the Plaintiffs' Steering Committee and he was part of the trial and negotiating team which achieved a $250 million global settlement of the litigation.
    • Medtronic Implantable Cardiac Defibrillator Litigation: Appointed to the Plaintiff Steering Committee and other leadership roles in this mass tort, RVRM partner participated in the $118 million global settlement of the litigation.
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  • Confidential

    Personal Injury

    Our attorney settled another Nissan air bag case for a young lady who also suffered a severe eye injury. She was also the seat belted right front seat passenger of a 1994 Altima that was involved in a relatively minor impact with another vehicle. This was our third settlement with Nissan for this same defect. Jasmin Garcia v. Nissan North America, et al.

    If you or someone you care about has been injured in an auto accident as a result of defective air bag in the 1994 Nissan Altima, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP. We have settled three cases with Nissan for the same defect. Contact us by phone at 888-335-9457 or online here.

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  • Confidential

    Product Defect

    Our firm was deeply engaged in the Vioxx (rofecoxib) litigation. We filed many Vioxx suits for users of this pain reliever who had heart attacks or strokes from its use. Our firm was involved in hundreds of hours in reviewing medical records, as well as appearing at depositions on behalf of our clients and doctors. Only after extensive battles did Merck come forward with a settlement plan for Vioxx users. While the settlement plan has not been finalized and is under various attacks at the writing of this (1/08), there looks to be a favorable resolution on the horizon.

    The settlement terms call for $4 billion to be divided among the heart attack victims who opt in, with $850 million to be set aside for those who suffered strokes. Merck faced about 26,600 lawsuits. Settlement amounts are based on many factors, including those related to the seriousness of the injury and its likelihood that it was caused by Vioxx. Settlement evaluations will be done on a unique mathematical matrix. Our office is sorting through clients' medical records in order to present claims.

    History

    This Merck drug was taken off the market Sept. 30, 2004, due to reports that it was causing clotting of blood, precipitating heart attacks and causing other serious injuries. Documents from the files of Merck show that the company was aware of this risk, almost from the time of first marketing Vioxx in 1999, and yet it continued to sell the product and mask the proof that it was a dangerous product.

    What our vision for the Vioxx litigation had been and why we believe it was successful.

    Since many law firms were competing for the handling of Vioxx lawsuits, we had a very tailored approach to litigating these cases. We filed Vioxx cases in New Jersey, where thousands of cases were congregated. We handled each case individually, and this was not a class action. However, by working cooperatively with other lawyers, we cut down the costs for the client. Further, the judge in New Jersey who supervised these cases had indicated that some plan was needed for settlement.

    Our method of analysis was to obtain the records of the heart attack or stroke, and the prescription records and then submit the case to a consultant specialist we have. What we were looking for was evidence that there was a clot in an artery caused by the Vioxx. We had a case criteria sheet which explained details of what our analysis involved. We believe that our selective medical screening will be reflected in the qualifying claims we have within the settlement plan.

    If you have been injured by a defective drug or medical device contact one of our attorneys today.

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  • Confidential

    Personal Injury

    Our attorney, acting as local counsel for Oregon attorney Larry Baron, participated in a successful mediation here in New York for a small-statured young woman who suffered severe eye injuries after being involved in a relatively minor collision in a 1994 Nissan Altima in which the air bags deployed. She was in the right front passenger seat with her seat belt on. We claimed that the passenger side air bag deployed too aggressively and too far into the occupant survival space. Subsequent to our client's accident, Nissan recalled this model vehicle to correct the problem. This was our second settlement with Nissan for this defect. Veronica Kheyfets v. Nissan.

    If you or a loved one has been injured as the result of defective automobile air bags or other defective parts contact, our attorneys for a contact us. We are here to help you get the compensation you deserve for your injuries. Call the office at our toll-free number (888) 260-0473 or contact us online.

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  • Confidential

    Product Defect

    We resolved several suits for persons who developed a sudden form of diabetes while taking the antibiotic Tequin (gatifloxacin), sold by Bristol-Meyers Squibb.

    Bristol-Myers stopped marketing Tequin in June 2006 under pressure from the FDA. This followed an article in the prestigious New England Journal of Medicine reporting on many cases of persons who had sudden diabetic comas and dysglycemia. This was all in the setting of many safer antibiotics available to patients at a less expensive price. This reveals that the drug has been associated with both hypoglycemia and hyperglycemia (too little or too much sugar). Either of these conditions can place a person into a coma.

    If you have been injured by a defective drug or medical device contact one of our attorneys today.

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  • Confidential

    Product Defect

    Baycol was a Bayer anticholesterol drug recalled in August 2001 because of 31 deaths. Litigation is now completed with over $1 billion settlement money awarded to approximately 3,000 injured people. We represented clients who participated in these settlement awards, some of which were quite significant. While the amounts are confidential, the individual sums were, in our opinion, more than commensurate for the damages.

    In hindsight this litigation will be noted for several interesting tactics Bayer used in defending cases, tactics which can be seen today in other drug litigations. While the litigation was still in its early stages, it became evident that Bayer over promoted Baycol in a setting where many argued that Baycol was no better than other drugs on the market while having more severe side effects than those drugs. Further, it was argued that the dangers of Baycol were known to Bayer much earlier than was told to the public and medical profession.

    This statin-type drug caused muscle destruction (rhabdomyolysis), leading to liver failure. The risks were higher in persons who took the higher dose level, often in conjunction with other drugs. The first signs of injury are muscle pain and weakness. Bayer developed a two-prong defense in resolving the ligation. First, those litigants who developed rhabdomyolisis were given fair and early settlement offers to resolve claims. Bayer took into consideration the evidence of negligence which could be presented against it. Further, the injury is very rare and can be seen as a "signature" injury which must have been unequivocally related to the Baycol use.

    The second prong of the defense was just the opposite strategy. Bayer vigorously defended any case that was not related to the signature injury, or was a very mild case of muscle pain which never got diagnosed as rhabdomyolosis. Bayer had to make a choice of paying many small claims or defending the claims at great defense cost. By defending the cases, plaintiffs were forced into protracted and expensive litigation which turned out not to justify a potentially small settlement or verdict. In the Baycol litigation, the lawsuits with smaller claims were eventually dismissed and no recovery made.

    Have you or someone close to you been harmed by dangerous pharmaceuticals like Baycol? Please contact us today online or by telephone at (888) 260-0473 to speak with an experienced New York dangerous drugs liability law firm. Our law office is conveniently located in a brownstone in Midtown Manhattan located at 113 East 37th Street.

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  • Confidential

    Medical Malpractice

    Tom Valet has settled a case involving a 10 year old boy whose testicles were lost after they ascended into his abdomen and his pediatricians failed to diagnose the condition. The boy was born with a congenital condition known as undescended testes, in which the testicles fail to descend into the scrotum after birth. In this case, the testicles were retractile, meaning they moved into and out of the boy's scrotum.

    The boy's physicians were aware of his condition and followed him for the first eight years of his life, monitoring the position of his testicles to ensure that they did not ascend back into his abdomen. Testicles cannot survive for extended periods of time in the abdomen because they require a cooler environment to remain viable. However, at age eight his pediatrician decided that no further follow-up was required and advised his mother that the testicles would fall when he reached puberty. He did not schedule any further follow-up appointment to check on the position of the testicles.

    Unfortunately, the boy's testicles did not fall, they ascended back into his abdomen. Because of the pediatrician's decision not to schedule any further follow-up, he was not seen again for more than two years, by which time the testicles had been in the abdomen for an extended period of time. Multiple surgeries were performed in an attempt to salvage the testicles, but they failed.

    Today, the boy is infertile, produces no testosterone, cannot father any children and must take hormone replacement injections for the remainder of his life. He has undergone surgery to implant prosthetic (artificial) testicles. Just prior to trial we were able to reach a settlement with the defense for a substantial amount of money. Because of the sensitive nature of the case and the injuries involved, the name of the boy and the terms of the settlement must remain confidential.

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  • Confidential

    Personal Injury

    Our attorney recently settled this multi-defendant case on the eve of trial. The case, which was covered in the national media extensively, involved claims against the manufacturers and sellers of numerous dietary supplements as well as a personal trainer and the gym where he worked.

    We represented the family of a fashion designer and young mother who died from ahemorrhagic stroke while exercising with her personal trainer after taking several different dietary supplements he had recommended (including ephedra and yohimbe). Despite an underlying hypertensive condition, the lack of an autopsy or direct proof of ingestion, we successfully opposed seven different motions for summary judgment and the case was set for trial when a global settlement was reached. Anne Marie Capati v. Crunch, et al.

    If someone you love has been the victim of Wrongful Death, contact Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP today! We are here to answer all of your questions at this difficult time. Contact us online or call the office toll-free at (888) 260-0473.

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  • Confidential

    Product Defect

    As Co-Lead Counsel in Oral Sodium Phosphate Solution-Based Products Liability Litigation MDL 2066 Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP helped negotiate a confidential settlement for hundreds of plaintiffs who have had kidney damage after using the popular over the counter colonoscopy prep Fleet's Phospho-Soda.

    Our firm was one of the first to investigate the problems with the prep which eventually led to the product being withdrawn from the market.

    Please contact us today online or by telephone at (888) 260-0473 to speak with an experienced New York dangerous drugs liability law firm.

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  • Confidential

    Medical Malpractice

    Tom Valet settled a case where our client underwent open heart surgery for a cardiac bypass procedure. At the end of the surgery the operating room nurse noted that the sponge count was short one Ray-Tec surgical sponge. Ray-Tec sponges are designed with metal wires in them that show up on x-ray, a feature designed to prevent sponges from inadvertently being left inside a patient. The cardiac surgeon ordered an intraoperative x-ray to determine whether the missing Ray-Tec sponge was inside the patient. Unfortunately, the radiologist failed to see the Ray-Tec sponge, which was indeed still inside the patient, and wrongly advised the surgeon that no sponge was seen on the x-ray. After complaining about difficulty breathing for four months, the missing sponge was finally discovered by other doctors inside the patient. Unfortunately, the patient’s health has deteriorated and he is not able to undergo surgery to remove the sponge, which is still inside him. The case settled for a confidential sum. Campbell v. United Health Service Hospital (Wilson Medical Center), Broome County, NY.

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  • Confidential

    Medical Malpractice

    Tom Valet settled a malpractice lawsuit arising out of an improper technique to relieve shoulder dystocia for a confidential amount.
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  • Confidential

    Product Defect

    In Atlanta, on the eve of trial, we recently settled a case of a woman who died from PPH (primary pulmonary hypertension), due to use of Redux. While the amount is confidential, we believe it to be one of the largest sums ever paid for this injury.

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