John Hochfelder, Trial Lawyer

Paralyzed due to Medical Malpractice – Plaintiff’s Case Resolved after Multiple Trials and Appeals

By John Hochfelder

October 30, 2020

On November 4, 2004, then 44 year old Charles Malmberg underwent an anterior cervical discectomy and fusion surgery to remove a degenerative disc and osteophytes at the Syracuse Veterans Administration Medical Center. After the surgery, X-rays and an MRI showed he suffered from spinal cord impingement at several points, with excessive edema in the spinal cord. He was diagnosed with incomplete quadriplegia. Malmberg filed a medical malpractice claim against the Veterans Administration in 2006.…

New York Injury Cases Blog

Damages for Mother’s Injury Sustained in Childbirth Affirmed

By John Hochfelder

October 26, 2020

On November 12, 2011, Cinthia Arcos delivered a healthy baby at Forest Hills Hospital. Her obstetrician gynecologist, Yehuda Bar-Zvi, M.D., delivered the baby utilizing vacuum extraction. During the delivery, Ms. Arcos suffered a third degree laceration, which means that the laceration involved the anal sphincter. Dr. Bar-Zvi performed a repair and she was discharged from the hospital two days later. Ultimately, though, it was determined that Ms. Arcos, then 27 years old, had a rectovaginal…

New York Injury Cases Blog

Mesothelioma Pain and Suffering Award Affirmed

By John Hochfelder

October 22, 2020

James Stock, Jr. was exposed to asbestos used in and on valves manufactured and supplied by Jenkins Bros. when he was employed by by New York Wire Mills in Tonawanda from 1979 to 1986. In August 2015, Mr. Stock went to the hospital complaining of abdominal pain that had been bothering him for a few months. By December 2016, he was formally diagnosed with mesothelioma. Mr. Stock sued Jenkins Bros. and others (manufacturers, sellers and…

New York Injury Cases Blog

Appellate Court Slashes Child’s Pain and Suffering Award in Leg Injury Case

By John Hochfelder

September 10, 2020

On February 18, 2013, Judy Zhou, then a nine-year-old novice skier, was injured while skiing at the Tuxedo Ridge Ski Center in Tuxedo. On her first run of the day, Judy took the chairlift to the top of the bunny slope, a beginner’s hill. On her way down, she crashed into a white PVC pole which was being used as a stanchion to hold up an orange rope that designated where to wait for the…

New York Injury Cases Blog

Future Damages Award Affirmed in Non-Surgical Fractured Ribs Car Accident Case

By John Hochfelder

July 24, 2020

On June 22, 2011, Pei Ru Guo, a 54 year old home health aide, was a passenger in her husband’s car when it was struck at an intersection in Whitestone by a car driven by a 17 year old. Ms. Guo sustained injuries and sued the driver and owner of the other vehicle. A Queens jury determined that the other driver was fully at fault and awarded plaintiff pain and suffering damages in the sum…

New York Injury Cases Blog

Damages Assessed by Court after Jury Awards Substantial Past and Future Economic Damages but Zero for Pain and Suffering

By John Hochfelder

July 24, 2020

On July 6, 2011, Nicholas Natoli, a 40 year old laborer, was injured when he and his coworker attempted to move a large wooden pallet at a construction site. His coworker lost his grip and the 175 pound pallet fell on Mr. Natoli causing substantial injuries to his arm and shoulder. The incident took place on the roof of Fashion Industry High School at 24th Street in Manhattan. In Mr. Natoli’s ensuing lawsuit, the Manhattan…

New York Injury Cases Blog

Appellate Court Increases Some of Trial Judge’s Reduction of Jury’s Pain and Suffering Award in Medical Malpractice Case

By John Hochfelder

June 29, 2020

On June 29, 2014, Elza Garzon underwent an endoscopy (a procedure used to visually examine the upper digestive system with a tiny camera on the end of a long, flexible tube) performed by Steven Batash, M.D. during which a portion of her small intestine was perforated. She sued the doctor for medical malpractice and, after ruling in her favor on liability, the Queens County jury awarded pain and suffering damages in the sum of $2,500,000…

New York Injury Cases Blog

Pain and Suffering Awards Affirmed in Pedestrian Knockdown Case

By John Hochfelder

June 23, 2020

On September 13, 2012, just before noon, Elaine Golimowski was walking across the street at an intersection in Cheektowaga when she was struck by a left turning unmarked town police vehicle. Ms. Golimowski, then 69 years old and retired, was propelled onto the car and then to the ground. She sustained several injuries and was transported by ambulance to the local hospital. In her ensuing lawsuit, the Erie County jury apportioned liability 75% to the…

New York Injury Cases Blog

Appellate Court Addresses Issues in Peritoneal Mesothelioma Death Case

By John Hochfelder

June 1, 2020

On November 12, 2012, Florence Nemeth, then 67 years old, was diagnosed with peritoneal mesothelioma, a tumor of mesothelia cells in the abdomen. She died from the disease on March 5, 2016, before a lawsuit was brought on her behalf against several firms involved in the manufacture and distribution of a talc based product she had regularly utilized, Desert Flower Dusting Powder. After a six week trial in Manhattan Supreme Court, the jury returned a…

New York Injury Cases Blog

Verdict Affirmed for Woman with Hip and Wrist Injuries from Slip and Fall Accident

By John Hochfelder

May 13, 2020

On November 3, 2014, Anna Brennan slipped and fell at a private home in Greenwood Lake. Ms. Brennan, a 66 year old part-time caretaker for the mother of one of the homeowners, sustained hip and wrist injuries when she finished work that day and began to descend an exterior stairway with leaves that covered the bottom two steps. She thought the leaves were only covering the street and fell when thought she was on the…

John Hochfelder, Trial Lawyer

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Paralyzed due to Medical Malpractice – Plaintiff’s Case Resolved after Multiple Trials and Appeals

Damages for Mother’s Injury Sustained in Childbirth Affirmed

Mesothelioma Pain and Suffering Award Affirmed

Appellate Court Slashes Child’s Pain and Suffering Award in Leg Injury Case

Future Damages Award Affirmed in Non-Surgical Fractured Ribs Car Accident Case

Damages Assessed by Court after Jury Awards Substantial Past and Future Economic Damages but Zero for Pain and Suffering

Appellate Court Increases Some of Trial Judge’s Reduction of Jury’s Pain and Suffering Award in Medical Malpractice Case

Pain and Suffering Awards Affirmed in Pedestrian Knockdown Case

Appellate Court Addresses Issues in Peritoneal Mesothelioma Death Case

Verdict Affirmed for Woman with Hip and Wrist Injuries from Slip and Fall Accident

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