![]()
Following the tragedy of September 11th, our firm joined with attorneys throughout
the country to form Trial Lawyers Care, a non-profit corporation established
to provide free legal services to victims of the September 11th terrorist
attack. We were able to obtain significant compensation for several families.
![]()
McCarthy v. Turner Const., Inc.,--- N.Y.S.2d ----, 2008 WL 2369771 (1st
Dep’t 2008)
Hart v. Turner Const. Co., 30 A.D.3d 213, 818 N.Y.S.2d 499 (1st Dep’t 2006)
Ernest v. Pleasantville Union Free School Dist., 28 A.D.3d 419, 811 N.Y.S.2d
573 (2nd Dep’t 2006)
Figueiredo v. New Palace Painters Supply Co. Inc., 39 A.D.3d 363, 833 N.Y.S.2d
492 (1st Dep’t 2007)
Brown v. LaFontaine-Rish Medical Associates, 33 A.D.3d 470, 822 N.Y.S.2d 527(
1st Dep’t 2006)
Cohen v. Memorial Sloan-Kettering Cancer Center, 50 A.D.3d 227, 850 N.Y.S.2d
435 (1st Dep’t 2008)
Hoverson v. Herbert Const. Co., Inc. 725 N.Y.S.2d 320
Bardouille v. Structure-Tone, Inc. 724 N.Y.S.2d 751
Joblon
v. Solow, 91 NY 2d 457, 672 NYS 2d286 (N.Y.)
Khandhar
v. Elfenbien, 943 F2d 244 (C.A.2 (N.Y.)
Bonanno v. Port Authority of New York and New Jersey,14
A.D.3d 377, 787 N.Y.S.2d 325
Roman v. Hudson Telegraph Associates,11 A.D.3d 346, 784 N.Y.S.2d 31
Bardouille v. Structure-Tone, Inc.,282 A.D.2d 635, 724 N.Y.S.2d 751
![]()
These cases are representative of the type of cases we handle:
Medical Malpractice:
A verdict of $2.143 million for a 42 year old woman who suffered a heart attack
two days after being discharged from the hospital. She
had a stent put into the left anterior descending coronary artery and was discharged
despite having some abnormal vital signs. Hernandez v. Maimonides Hospital,
Kings County.
Medical
Malpractice: A settlement of $3.75 million
for a 50 year old construction worker who developed an infection in his spine
that went undiagnosed for several weeks, despite repeated visits to the emergency
room. The patient was not diagnosed and admitted for surgery until
he became paralyzed from the waist down. Hill v. Sound Shore Hospital, Westchester
County.
Construction site accident: $2.8 million settlement for
the widow of a construction worker who died several weeks after falling through
a hole in a floor under construction to the floor below. Figueiredo
v. New Palace, Bronx County.
$40,363,000 verdict
for the family of a 33 year old man who died during abdominal liposuction surgery. This
was one of the largest verdicts in the country in 2003. The medical examiner
determined that the patient died due to complications stemming from the administration
of local and general anesthesia. The surgeon and anesthesiologist had
administered toxic levels of lidocaine, a local anesthetic used in this procedure. When
the patient's blood pressure began to drop, the surgeon and anesthesiologist
were unable to resuscitate the patient due to a lack of proper equipment
and negligence. Brown v. LaFontaine, Bronx County.
$3,200,000 settlement
for the husband and child of a 32 year old teacher who died after botched gall
bladder surgery. The patient died several
weeks after the surgery and after other surgeons attempted liver transplant
surgery. The defendant surgeon negligently destroyed the common bile
duct and transected the hepatic artery, reducing the blood supply to the
liver. Hamilton v. Brooklyn Hospital Center, Kings County.
$920,000 settlement after jury selection achieved for laborer
who, while working in a four-foot trench, suffered a trimalleolar fracture
of left ankle when a large chunk of asphalt fell from street level. Plaintiff
claimed permanent disability from working. We obtained summary judgment establishing
liability and the responsibility of defendant to pay damages pursuant to
New York Labor Law § 241(6). This meant that the only question for the
jury would have been the amount of money our client should receive. This
case was one of the few times in which a plaintiff has obtained summary judgment
against a defendant using this section of the Labor Law. The settlement in
the amount of $920,000 is a much larger sum than typically recovered for
this type of injury. Jara v. Verizon, formerly Bell Atlantic Communications,
Inc. Index # 32585-99, Kings County.
$1,250,000 settlement after jury selection achieved in
a medical malpractice case for widow and five children of a 50-year-old security
guard. We proved that the defendant doctors failed to properly evaluate Mr.
Shah for heart disease during several years of treatment, despite having
many risk factors for heart disease including high cholesterol, stress, family
history of early heart disease and heart attacks, and a 10-year history of
high blood pressure. Mr. Shah saw his doctor on the afternoon before he died
with heaviness in his chest and very high blood pressure, but was only given
a sample of nitroglycerin for chest pain and sent home instead of being directed
to the hospital. Waking up that night with chest pains, Mr. Shah was taken
to hospital where doctors incorrectly believed he had suffered an aneurysm
and sent him for an MRI. Mr. Shah suffered a heart attack and died in the
hospital while returning from the MRI. Yasmin Shah, indiv. and as Adm. of
the Est. of Hamraz Shah v. Batool M.D.; Sayed Hussaini, M.D.; and Brooklyn
Caledonian Hospital 1551/98, Kings County.
$2,390,000 verdict awarded to a construction worker foreman
who suffered mild brain damage for his pain, suffering, and lost earnings,
and to his wife for her loss of his services and companionship. A 46-year-old
electrician was injured on five separate occasions as a result of dangerous
conditions at the job site. Timothy and Catherine Broder v. Turner Construction
Co. and Swiss Bank Corp. 668 TSN/00, Civil Court, New York County.
$850,000 settlement during the trial on a medical malpractice
case on behalf of a 35-year-old computer operator who underwent a laparoscopic
gall bladder removal. We proved that during the procedure his surgeon negligently
severed the common bile duct causing a very serious injury. The doctor did
not realize his mistake and discharged Mr. Anand, which made his injury worse.
The problem was repaired at another hospital, but Mr. Anand has not been
able to work because of nausea, vomiting, and pain after eating. Jaspal and
Harpreet Anand v. Edwin Gonzalez, M.D. 13630/97, Queens County.
$1,000,000 verdict for a 46-year-old elevator mechanic
who slipped and fell down the interior stairs of an apartment building fracturing
his knee. Christopher McGinnis v. Ten Seventy Home Corp. and Josh Neustein.
21648/97, Bronx County.
Home I Biography I Practice
Areas I Our
Accomplishments I Construction
Accidents I Medical Malpractice I Resource
Links I Contact Us
The information you obtain at this site is not,
nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright 2006 © by David
P. Kownacki, P.C. All rights reserved. You may reproduce materials available
at this site
for your own personal use and for non-commercial distribution.
All copies must include this copyright statement.


Mr. Kownacki with Clients