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VERDICTS
& SETTLEMENTS:
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Mr. Mazie's Settlements and New Jersey Jury Verdicts
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$135 million
verdict for alcohol liability lawsuit
involving a
multibillion-dollar international food and beverage company that sells beer at
Giants Stadium. The company sold alcohol to a visibly
drunk fan, who later caused a car accident that paralyzed a 7-year old girl. The jury returned a verdict of $60 million in compensatory damages plus $75
million in punitive damages, for a total award of $135 million. Click here to read the full article as reported in the New
Jersey Star Ledger.
The verdict
was reversed on appeal and a new trial was ordered. The case settled prior to
the trial.
 Click
here to read the full article as reported in the New Jersey Law Journal.
- $39 million class action settlement. Sutter v. Horizon Blue Cross Blue Shield Physician Class Action settlement. Under the settlement agreement, Horizon BCBSNJ has committed to implement significant business practice improvements related to physicians to increase transparency in payment of claims, reduce administrative overhead, and improve interactions between the health plan and physicians. These improvements will help enhance the efficiency and quality of the health care delivery system in New Jersey.
Click here for article
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$18.5
million birth injury medical malpractice jury verdict for
delayed C-section. This was a case in which the
plaintiff was experiencing fetal distress during labor, but the
defendant physicians failed to call for a timely C-section.
As a result of the delayed C-section, the child was born with
cerebral palsy. After a 4 week jury trial, the jury
rendered an $18.5 million verdict. To the best of our
knowledge, this is one of the largest birth injury delayed
C-section recoveries in New Jersey history.
Click here
for article.
Click here
to read the press
release.
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$15.75 million settlement of
accounting malpractice. This case involved
allegations that malpractice by an accounting firm resulted in erroneous
financial statements, which allegedly allowed an insolvent company to continue
in business. The case settled for $15.75 million, which brought the total
recovery by our law firm in litigation relating to the insolvent company to $25
million.
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$15.3 million verdict against insurance company. This was a case in which an insurance carrier declined to pay multiple settlements against a single eye surgeon. Following a two week trial, the trial judge ruled that the insurance carrier, Princeton Insurance Company, had to pay the settlements.
Click here to read the full article.
The verdict was later reversed on appeal and remanded for
further proceedings.
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$12 million medical malpractice
verdict for death of 21 year old man after having wisdom teeth removed. This case
involved medical malpractice committed by an oral surgeon whose negligence
resulted in the death of a 21-year old man within 12 hours after having his
wisdom teeth removed. The oral surgeon knew that his
patient had an immunity disorder which precluded any surgery or other dental
work, yet performed the procedure anyway. A Middlesex
County jury returned a verdict in favor of the man's family.
With interest, the jury's verdict will exceed $12 million. It is
believed that this is the largest oral surgery malpractice verdict in New
Jersey and one of the largest in the U.S. history.
Click here to read
the full article reported in the New Jersey Star Ledger.
Click here to read the press
release.
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$7.8 million
settlement of a product liability lawsuit involving a defective ride at an
amusement park which resulted in the deaths of two persons. The case involved
claims that the ride was improperly designed and manufactured, which resulted in
our two clients being ejected from it. The case settled for the sum of $7.8
million.
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$7.25 million
settlement for professional malpractice involving claims against
actuaries of an insolvent insurance company. The case involved
claims brought by the New Jersey Banking & Insurance Department on behalf of an
insolvent New Jersey insurance company against the company's outside actuaries.
The Complaint alleged that the insurance company relied on its outside actuaries
to calculate how much money it should set aside for property and casualty
reserves, but that the calculations were too low resulting in the insurance
company sustaining substantial losses. The case settled for $7.25
million after mediation on February 11, 2005. Click here to read the full article.
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$6 million dolllar settlement for a bus accident. This was a case involving a pedestrian who was run over by a school bus. As a result of the bus accident, our client suffered severe spinal injuries. The bus driver claimed that our client ran out in front of the bus. Through our efforts, we were able to get the bus driver to admit that she lied to the police and that she caused the accident. This bus accident case settled for $6 million dollars.
Click here to read the full article.
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Click here to read the press
release.
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$4.8 million legal malpractice settlement.
Fortunato vs. Kranitz Comparet & Sarrow. This was a legal malpractice action filed against a law firm relating to its issuance of erroneous legal opinion letters to a surety bond company. As a result of the erroneous opinion letters, Mr. Mazie’s client issued surety bonds for real estate limited partnerships. The claims ultimately settled for $4.8 million in cash payments and withdrawn claims against Mr. Mazie’s client’s liquidating estate.
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$4.15 million
settlement for brain injury. This was a case where plaintiff claimed to have
suffered a brain injury after a hutch fell on him while he was at his desk at
work. The defense experts claimed there was no brain injury, but that the
plaintiff's symptoms were all psychosomatic. Just prior to the trial the
defendant settled the case for the sum of $4.15 million.
Click here to read the official article as reported in the
New Jersey Law Journal.
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$3.85 million
settlement for medical malpractice.
This is a case where a 9
year old girl was given the wrong medication while a patient at Valley
Hospital in Ridgewood, NJ. The medication caused the child to go into
cardiac arrest,
kidney failure and to develop sepsis. The hospital admitted during
the case that it had committed medical/hospital malpractice, and the case
settled before trial for the sum of $3.85 million
Click
here to read the article on this hospital malpractice
settlement.
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$3.5 million
settlement for medical malpractice. This was a case involving
failure to diagnose an arterial occlusion that resulted in the patient
sustaining a paralyzing stroke. The treating physicians erroneously
concluded that the patient was suffering from a pinched nerve, when instead the
patient was having a transient ischemic attack (TIA). If treated properly,
the patient would not have suffered a stroke. After four days of trial the
case settled for $3.5 million. Click here to read the full article.
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$2.7 million settlement of a high profile case involving police brutality.
Faison vs. Orange. This was a wrongful death case in which our client was beaten by the police an ultimately died while in their custody. The case was extensively covered by the New Jersey Star Ledger, the Bergen Record and in various local newspapers and television reports.
Click here to read the
full article.
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$2.5 million
legal malpractice jury verdict.
Integrity vs. Herzfeld & Rubin. This case involved claims of legal malpractice against Herzfeld & Rubin, a well known Park Avenue law firm, Herzfeld & Rubin. The claims related to Herzfeld & Rubin's negligence in issuing an opinion letter which was relied on by that Mr. Mazie's client relied upon in entering into a limited partnership real estate transaction. After a six week jury trial, Mr. Mazie obtained a $1.3 million verdict on behalf of his client.
Click here to read the full article.
Click
here to read the article as reported in the New Jersey Law Journal.
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$2.1 million settlement for
Lasik malpractice against celebrity physician Dr. Joseph Dello Russo.
Dell'Ermo vs. New Jersey Eye Center, and Joseph Dello Russo, M.D. This was a case in which we received a $2.1 million settlement for claims
brought by a 47-year old man who was rendered legally blind due to the medical
malpractice committed by prominent physician Dr. Joseph Dello Russo arising out
of Lasik surgery. This is believed to be the largest Lasik malpractice
recovery in New Jersey history, and one of the largest in the nation's history.
Click
here to read the article as reported in the New Jersey Star Ledger.
Click here to read the press release.
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$2 million director and officer liability settlement.
Suter v. AON Corp. This was a lawsuit filed against the former officers and directors of a property and casualty insurance company which was placed in liquidation. The case involved allegations of gross negligence and breach of fiduciary duty on the part of the former directors and officers, primarily with respect to a shell company which was set up to misdirect funds from the insurance company. There were also claims relating to the defendants' handling of other transactions which resulted in losses. The case settled for the sum of $2 million.
Click here to read the
article
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$1.8 million
products liability settlement. Aspras vs. Deerpath. This was a case involving a defective clamp on scaffolding used by the plaintiff, a union painter. The theory of the case was that the clamp was metallurgically defective, which resulted in the plaintiff falling and becoming injured. The painter ultimately had three surgeries on his back. Mr. Mazie was able to obtain summary judgment as to liability as against all defendants. This resulted in a settlement of $1.8 million.
Click here to read the full article.
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$1.8 million commercial litigation settlement.
Integrity vs. Pollack. This was a lawsuit relating to breach of the defendant’s guarantee relating to the construction of a Hilton Hotel in Las Crucis, New Mexico. Settlement was achieved after Mr. Mazie obtained a judgment against the defendant, and docketed that judgment in Michigan. The settlement included $300,000 to compensate Mr. Mazie’s client for legal fees and expenses.
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$1.75 million
settlement of a medical malpractice action. Van Wyk vs. Zamecki. This was a medical malpractice case in which Mr. Mazie’s client, a 71 year old woman, became a paraplegic shortly after a hip replacement operation. Mr. Mazie argued that the defendant anesthesiologist allowed the plaintiff’s blood pressure to fall too low during the operative procedure, thus resulting in permanent damage to the nerves in her spine. The case ultimately settled for the sum of $1.75 million after the presentation of all proofs and prior to closing arguments at trial.
Click here to read the
article
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$1.4 million
legal malpractice settlement. Wiggins vs. Flanzblau Dratch. This was a legal malpractice settlement against a law firm relating to its failure to timely and properly file a lawsuit against another law firm for legal malpractice. The case involved a number of cutting edge theories relating to the law of legal malpractice, and was described by the Judge on the record, "as intriguing a case as I can recall". The case settled for $1.4 million.
Click here to read the full article.
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$1.4 million
verdict for vicious dog attack. Reynolds vs. Guard Dogs Unlimited. Mr. Mazie obtained a $1.3 million award for his client, a victim of a vicious dog attack. This personal injury case involved claims of negligence and fraud against Lancaster County Prison relating to their transfer of a vicious rottweiler to the plaintiff. Lancaster County Prison had failed to advise the plaintiff that the dog had "irreversible medical problems" and had attacked on numerous previous occasions. Shortly after taking possession of the dog, Mr. Mazie's client was viciously attacked and sustained injuries to his arm and leg. After a three week trial, the jury returned a verdict of $1.3 million in plaintiffs' favor
.
Click here to read the article.
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$1.35 million settlement of a legal malpractice case. In this case we sued a law firm for committing legal malpractice with regard to several loan transactions. The claims included failure to file a mortgage, failure to perform a title search, drafting promissory notes containing usurious interest rates, and conflict of interest in secretly representing a debtor, while collection proceedings were pending against that person. The case ultimately settled for a lump sum payment of $1.35 million.
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$1.25 million settlement for medical malpractice/wrongful death. This was a settlement of a medical malpractice death case against a New Jersey doctor.
Taglieri v. Moss. We established that the New Jersey doctor committed malpractice by causing our client to become addicted to prescription drugs such as Tylox, Percocet, Oxycotin and Soma, and kept him addicted for fifteen years, until his death. We obtained summary judgment on liability, and the case settled at trial for $1.25 million.
Click here to read the article.
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$1 million verdict for a client who claimed to be part of a multi-million dollar lottery pool.
Marinelli v. Avalone. In this case our client claimed that she was part of a co-worker lottery pool which ultimately won a $33 million lottery prize. The rest of the participants in the pool denied that our client was a participant. What made the case so difficult was that our client had never paid for her share of the pool, although she testified that she was told she could pay after the lottery drawing. We won the case at trial, with the judge finding that our client was entitled to one full share of the lottery winnings. This resulted in a lottery share of approximately $1 million for our client. The case was the subject of significant news coverage by television, radio and newspapers.
On appeal, the trial court's verdict was affirmed.
Click
here to read the article about the verdict.
Click here to read the article about the
appeal.
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$1 million settlement for lasik surgery malpractice.
Triolo v. Conte.
This was a case in which a woman suffered severe vision loss following Lasik eye surgery. A routine
corneal topography test indicated that the woman was not a candidate
for lasik surgery, however the opthalmologist proceeded with the surgery
despite the test result.
The case
settled with the defendants agreeing to pay over their entire $1 million
insurance policy.
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$1 million
medical malpractice settlement for botched hernia surgery.
This was a case in which a
doctor agreed to pay his entire $1 million professional
liability insurance policy to settle a legal malpractice claim
involving laparoscopic hernia surgery performed on Mr. Mazie's
client, a 62 year old engineer. The surgeon lost control
of the tool he was using to perform the surgery, cut the
abdominal wall, severed the renal vein and injured the aorta.
Mr. Mazie's client, who almost died as a result of the doctor's
negligence, required two months of intensive care, needed
rehabilitation and corrective surgery, and was no longer able to
work.
Click here
to read the full article.
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$950,000 settlement
in a construction site accident case. This was a construction site accident case in which Mr. Mazie obtained a $950,000 settlement on behalf of his client who was severely injured while assisting in the unloading of concrete sewerage pipes off of a tractor trailer. As part of the case, Mr. Mazie sued the general contractor of the project for violations of job site safety, as well as the trucking company which loaded and transported the pipes. The case ultimately settled for $950,000. The identities of the defendants were withheld as part of a confidentiality agreement.
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$950,000 confidential settlement for failure to diagnose breast
cancer. This was a case in which
the client had a lump in her breast. Our client claimed
that the doctor had told her that the lump was normal. The
doctor countered by producing a copy of a referral form to a
breast specialist that he claimed to have given the client.
The case settled before trial for $950,000.
- $900,000 arbitration award for Lasik surgery malpractice. This was a case in which a man suffered complications following Lasik surgery, and the complications were not properly treated.
The award was later vacated on appeal based on insurance law
issues. On remand, the case settled prior to trial for
$800,000.
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$900,000 settlement
of a
medical malpractice case.
This was a case involving claims of negligence against an
ophthalmologist
resulting in our client sustaining blindness in his eye after routine
surgery to remove a sty. The case settled prior to trial for $900,000.
Click here to read the full article.
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$900,000 settlement
of a legal malpractice case.
This was a case involving claims against two law firms for negligently failing to file spousal battery claims before the expiration of the statute of limitations, and for failing to advise the client concerning her legal rights against her ex-husband. The case settled at the start of trial for the sum of $900,000.
Click here to read the full article published in the
New Jersey Law Journal.
Click here to read the full article published in the
Newark Star Ledger.
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$850,000 Broker malpractice settlement.
Randall vs. Brunell Kramer Waldor Agency. This was a case involving claims of broker malpractice which resulted in damages to a surety bond company. The claims involved deficient underwriting by the defendant in acting as plaintiff’s managing general agent, in the issuance of various surety bonds for construction projects located throughout New Jersey. The case settled for $850,000 after the close of all evidence and prior to the completion of closing arguments.
Click here to read the full article published in the
New Jersey Law Journal.
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$850,000 Lasik malpractice settlement against renowned
physician Dr. Joseph Dello Russo. Donnelly v. Joseph Dello Russo, M.D.
This was a case in which we received an $850,000 settlement for claims
brought by a banker who suffered severe vision loss in one eye due to the
medical malpractice committed by prominent physician Dr. Joseph Dello Russo
arising out of Lasik surgery.
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$800,000 Lasik malpractice settlement against Lasik eye surgeon Doctor
Joseph Dello Russo. DeSilvestro v. Joseph Dello Russo, M.D.
This was a case in which we received an $800,000 settlement for claims
brought by a man who was rendered legally blind in one eye due to the
medical malpractice committed by prominent physician Dr. Joseph Dello Russo
arising out of Lasik surgery.
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$750,000
Insurance broker malpractice settlement.
Commissioner of Banking & Insurance v.
AON Corp. This was a case brought on behalf of the Commissioner of
the New Jersey Department of Banking & Insurance to recover improper fees
charged to Home State Insurance Company before the insurer was declared
insolvent. The insurance broker agreed to pay $750,000 to the State of New
Jersey.
Click here to read the full article published in the
New Jersey Law Journal.
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$750,000 class action settlement.
Kampf vs. Comcast. This was a class action filed by Mr. Mazie against Comcast for its blackout of several New York Mets games during the 1997 baseball season. The case settled soon after class certification was granted in Mr. Mazie’s clients’ favor. The settlement included vouchers being awarded to the members of the class, with a gross value of approximately $750,000.
Click
here to read the article as reported in the New Jersey Law Journal.
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$750,000 product liability settlement.
Welle vs. Superior Signal Company. This was a product liability case involving toxic gas emitted from smoke bombs used by firefighters to train firefighting recruits. Mr. Mazie’s client was severely injured after removing his gas mask during one of these training exercises. The case involved numerous issues involving the toxicity of the smoke, as well as whether it had permanently injured plaintiff’s lungs. The case settled for $750,000 after a directed verdict was granted in Mr. Mazie’s client’s favor.
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$750,000 product liability settlement.
ega vs. Terminal Construction. This was a product liability/construction site accident case involving a defecte ladder. Mr. Mazie argued that the general contractor was negligent in failing to abide by worksite safety protocols, as well as in building a defective ladder for use by the plaintiff. After a two week trial, the case settled for $750,000.
Click
here to read the article as reported in the New Jersey Law Journal.
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$737,000 automobile accident settlement.
Goodhart vs. Foss. This was an automobile accident in which the plaintiff sustained severe personal injuries. Although the plaintiff appeared to have made an excellent recovery, the plaintiff alleged to have sustained cognitive impairments due to post traumatic stress disorder. The case ultimately settled with a recovery of $737,000
.
Click here to read the article.
Click
here to read the article as reported in the New Jersey Law Journal.
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$715,000 settlement of a premises liability action.
Blair vs. Grey Manor Motel. This personal injury case involved claims of negligent security against two motels located in Wildwood, New Jersey. Mr. Mazie's client was severely injured after being attacked by a drunken teenager while on the defendants' property. The case settled after jury selection for $715,000
.
Click here to read the article.
Click
here to read the article as reported in the New Jersey Law Journal.
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$682,000 medical malpractice jury verdict. This was a medical malpractice case in which Mr. Mazie’s client died after having liposuction performed on her thighs. The case was a very difficult case in that there was no direct evidence as to any negligence on the part of the defendant doctor. However, Mr. Mazie argued that various marks shown on the autopsy pictures demonstrated that there was trauma to the legs during the liposuction procedure. The jury agreed and found that malpractice had been committed by the defendant and thereby entered a jury award in plaintiff’s favor.
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$500,000 award.
Gnecco vs. Greyhound. This was an automobile accident in which Mr. Mazie's client suffered orthopedic injuries. The case was tried in Federal Court and ultimately resulted in a $500,000 award.
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$455,000 jury verdict of a medical malpractice action. DaRocha vs. Chirovsky. This case involved claims of medical malpractice against the defendant doctor for failing to advise plaintiff that an additional hernia surgery could likely result in the loss of one of his testicles. The defendant doctor performed the surgery, and one of plaintiff’s testicles was removed. The jury awarded $455,000 to Mr. Mazie’s client to compensate him and his wife for their damages.
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$450,000 automobile negligence settlement. This was a personal injury case involving a severe automobile accident in which our client suffered significant leg injuries. The case settled for the sum of $450,000.
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$400,000 product liability settlement.
Meade v. CMF. This was a product liability action filed against an installer of fences. Mr. Mazie's client was seriously injured after a defect in the fence caused serious injuries. The claims against the installer of the fence settled for $400,000.
Results may vary depending on your particular facts and legal circumstances. |
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