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  • $14 Million

    Birth Injury

    Dennis M. Donnelly, represented a family of Indian decent in this wrongful birth action. Early in the pregnancy the treating obstetrician ran a blood test on the mother, which showed an abnormal hemoglobin marker and other abnormalities. The expecting mother was incorrectly diagnosed as anemic and later gave birth to a son. Shortly after the child's birth, he was diagnosed as having Thalassemia major, a genetic blood disorder. His condition necessitates that he undergo blood transfusions every couple of weeks, as well as chelation therapy and other treatment. He also already had a painful bone marrow transplant, which required months of hospitalization, and failed to improve his condition. A life care plan projected $5,600,000 of extraordinary lifetime care costs, which are the measure of the child's damages for wrongful birth in New Jersey. The couple and their child sued the obstetrician, alleging she should have performed a hemoglobin electrophoresis test to rule out the Thalassemia blood disorder in light of the prior abnormal blood test results and the couple's Indian heritage. That would have led to testing the father, and after those blood tests it would have been reveled that both parents were carriers of the Thalassemia gene. Furthermore, amniocentesis would have revealed that their son was destined to be born with the dreaded disease. The plaintiffs asserted that according to the guidelines of the American College of Obstetricians and Gynecologists, patients of Mediterranean descent require this special workup (hemoglobin electrophoresis) because they are at higher risk for genetic blood disorders. Had the disorder been diagnosed at an early stage of the pregnancy, the couple could have chosen to terminate the pregnancy.The jury rejected the defense that the parents who had fertility treatment to get pregnant, would not have terminated the pregnancy even if a diagnosis had been made. They awarded $6,000,000 for lifetime care costs and $4,000,000 to each parent for their lifetime emotional distress, for a gross verdict of $14,000,000.
    • Dennis M. Donnelly, Esq.
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  • $4.6 Million

    Railroad Accident

    Dennis Donnelly, obtained a 4.6 million settlement for a scrap-metal yard master whose legs were severed during a railroad accident. The 47 year-old client, who was removing scrap metal between rails, was not aware that employees of Conrail were trying to hitch two rail cars. In backing up a rail car in an attempt to connect the two cars, the Senior client was run over.
    • Dennis M. Donnelly, Esq.
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  • $4.5 Million

    Birth Injury

    After years of exhaustive research and thousands of hours of work, Dennis Donnelly, settled a case involving complex issues of medical malpractice. In an especially tragic case, a newborn infant's neck was broken during a forceps delivery. After years of persistent investigation and thorough research, Dennis Donnelly, was able to establish clear evidence of negligence by the obstetrician who was responsible for the horrible injuries to the infant and devastating consequences for the entire family.While no amount of money could make the family whole, after Donnelly meticulously prepared every detail for trial, the Bergen County Superior Court approved a $4.5 million settlement on March 22, 1996.
    • Dennis M. Donnelly, Esq.
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  • $3.9 Million

    Product Liability

    A young father was killed by an explosion while pumping a flammable chemical into a recirculating pump on his employer's truck. Attorney Dennis Donnelly determined through investigation that the pump was defective and the manufacturer was sued. The surviving spouse and two children have already received annuities which will pay them $3.9 million over their lifetimes. In addition, a claim against the bulk chemical facility for its violation of safety standards is still pending.
    • Dennis M. Donnelly, Esq.
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  • $3.84 Million

    Medical Malpractice

    In the spring of 1998, 31-year-old plaintiff presented to the Ob/Gyn practice of Dr. Stuart Miro and Dr. Judith Stavis, Miro & Stavis, M.D., P.C. in Pomona, N.Y. She was interested in becoming pregnant and the doctors gave her advice. In autumn 1998, she became pregnant and continued seeking the services of Miro and Stavis for the management of her pregnancy. Miro and Stavis followed the pregnancy throughout its course. The plaintiff mother claimed that the pregnancy was notable in that she had early first trimester bleeding; in that she consulted with Miro and Stavis because she did not feel that she was gaining enough weight or looked right; and that in her third trimester, she experienced heavy bleeding. The plaintiff mother had two early ultrasounds which were reported by Miro and Stavis as "normal" and a third ultrasound at approximately 20 weeks which she testified was also reported to her as normal. The plaintiff mother was last seen by Stavvis at a routine office visit on April 22, 1999. She claimed that she was informed at that time that everything was normal. In May 1999, in her third trimester, the plaintiff mother and her husband, were on the Jersey shore when she began to bleed profusely. She called Miro and Stavis and was told to report to the local emergency room. After doing so, the plaintiff mother was transferred to a larger facility, Jersey Shore Medical Center, where she received her first indication that her child had Intra-Uterine Growth Retardation (IUGR), meaning that the child was abnormally small and could be severely chromosomally defective. The plaintiff mother was transferred to the Westchester County Medical Center in Valhalla, N.Y., where she was admitted on May 21. At that institution, an amniocentesis was performed - the first one of the plaintiff mother's pregnancy - which revealed that the baby was chromosomally damaged. However, it was not until a second amniocentesis result was obtained a few days before she gave birth that she learned the baby would suffer from Wolf-Hirschhorn Syndrome, manifested by mental retardation, physical disfigurement, hearing loss, inability to speak, respiratory difficulties and feeding difficulties, among other problems. The plaintiff mother remained hospitalized and under strict bed rest and medication until she delivered on June 11, 1999. Her child, thereafter spent about two months in the medical center himself; an additional two months at Blythedale Children's Hospital in Valhalla, N.Y.; and has since been institutionalized at St. Margaret's Center in Albany, N.Y.The parents sued Dr. Miro, Dr. Stavis and their practice. They made a claim of wrongful birth, arguing that the plaintiff mother did not receive the standard of care necessary to properly monitor her pregnancy; that has she received the standard of care, under the circumstances, she would have been alerted to the fact that she was carrying a badly chromosomally damaged child; and that had she received that information in time to effect a termination, she would have. The parents specifically claimed that they should have been told that the bleeding for several weeks during the first trimester meant that there was a small possibility of chromosome damage. In addition, at some 12 to 14 weeks into her pregnancy, the plaintiff mother claimed that she was given inappropriate advice about Alpha Fetal Protein Testing, which she was told was not necessary because she was young and healthy. The plaintiff mother also claimed that at her 20th week, she had an ultrasound which indicated that there was a two-week discrepancy in what the doctors had assumed was her due date based upon her last menstrual period and the development of the child. The parents alleged, and the defense expert obstetrician conceded, that if there were a two-week discrepancy in "dating" that this would be a "red flag" and a very important finding which should be followed up. The ultrasonographer's report showed a two-week developmental delay, but the plaintiff mother claimed that she was never told, nor was she informed of the need for a two-week follow-up ultrasound at approximately 22 weeks. If she had had the follow-up ultrasound, the defendants conceded that it would likely have shown "an additional fall-off in size and weight" and that this, too, could have led to the diagnosis of IUGR in a timely fashion. Stavis claimed that the plaintiff mother was told to return for a 22-week ultrasound and that she failed to appear for the test. Another of the ways in which "dating" is monitored by obstetricians is by the measurements of fundal heights, which are taken routinely by the doctor during pregnancy. The defendants' records had no indication that fundal heights measurements were taken during the plaintiff mother's pregnancy. The defendants claimed that they did not take the fundal heights by measurement, which the parents claimed is the convention, but by finger widths, and that in any event they only chart fundal heights if they are abnormal. They also claimed that in their case they were always "normal" and there was no need to chart them. Neither of the defendants had any recollection of the plaintiff mother as a patient at the time of trial, and thus they testified only to what their general practice was at the time of her treatment and based on their office records. The doctors claimed that they believed that the plaintiff mother would have never terminated the pregnancy under any circumstances, anyway. The child suffered from profound mental retardation, physical disfigurement, hearing loss, inability to speak, respiratory difficulties and feeding difficulties, among other problems.The child has been confined at St. Margaret's Center in Albany, N.Y., since he was approximately four months old and all sides conceded that he will stay there for the remainder of his life. Under New York Law, in a wrongful birth case, the only damages that are permissible are for the maintenance of the child from birth to 21 years of age. The defense did not contest the child's life expectancy up to 21 years. A Rockland County, New York jury found that both defendants departed from good medical practice in their management of the pregnancy. The parties had previously stipulated that in the case of a plaintiff's verdict, the damages awarded would be $3.84 million.
    • Dennis M. Donnelly, Esq.
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  • $3.75 Million

    Product Liability

    Dennis Donnelly represented a man who was paralyzed when the SUV he was riding in rolled over on a highway after to lost control. The driver of the SUV said that it began to fishtail after a slight lane correction. The unexpected loss of directional control caused ever increasing yaws (sliding of the back end of the vehicle). After several maneuvers, the SUV rolled over on the road way. During the roll the SUV's roof structure completely collapsed driving into the head of the man and fracturing his spine. As with many accidents and injuries there was more than one cause for this one. In fact, it's been recognized good practice by the auto industry for more than 2 decades to design cars to deal with pre-crash, during-crash and post-crash events that could cause injury to the people who buy their cars. Dennis uncovered the fact that a key safety technology - Electronic Stability Control or "ESC" - was planned and tested for inclusion in the SUV by the company's engineers but was never installed. We worked with a team of engineers to retrofit and test the same SUV with the company's existing ESC system to show that it was an inexpensive and easy fix that would have prevented the rollover from ever occurring, but Dennis did not stop there. He also worked with another team of engineers to show that the SUV's roof was so weak that it failed recognized industry strength tests. While the manufacturer argued that the roof met the minimum government standard, Dennis proved that it could be made much safer by the addition of steel costing only a few dollars. The case settled prior to trial for $3.75 million.
    • Dennis M. Donnelly, Esq.
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  • $3.75 Million

    Auto Accidents

    Dennis Donnelly, and Abraham Milgraum represented the estate of a young up and coming fashion model whose life and career came to a tragic end when the taxi cab she was riding in was struck in the rear and burst into flames while stalled on the New Jersey Turnpike. Like many of our cases this case involved several layers of responsibility which lead to the young woman's death. The manufacturer of the cab designed a defective vehicle that should not have burst into flames but did. Our investigation also showed that the taxi cab had stalled more than 8 times that day and when it stalled for the 9th and last time the driver left the cab with the young woman in it sitting in the fast lane of the New Jersey Turnpike. Documents found during the case showed that the vehicle had a history of problems and testimony revealed that the cab company forced the driver to take the vehicle out even though it was not operating properly. The team of lawyers and paralegals working on this case navigated the complex maze of liability and successfully resolved the matter against all parties for a total recovery of $3.75 million dollars.
    • Dennis M. Donnelly, Esq.
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  • $3.5 Million

    Product Liability

    In 1984 caused a previously healthy three year-old to suffer seizures which left her profoundly retarded and spastic.When Dennis Donnelly began representing the family of the three year-old in 1991, he undertook years of investigation, taking depositions and consulting with experts across the country, to establish the negligence of both the manufacturer and distributors of Theospan 65.In 1984 the child was a perfectly healthy Ocean County toddler. The family's doctor prescribed the drug Theospan 65 for treatment of a cold. As a result, she suffered a severe and prolonged seizure which left her profoundly retarded and spastic. For years her parents could not understand what had happened. Finally, in February 1991, the parents saw a program about the dangers of Theospan on ABC's magazine show "Prime Time Live." This was the first clue they had that their daughter's condition could have been caused by misuse of Theospan. Despite warnings in new guidelines issued by the FDA regarding the use of Theophylline and Theospan in 1982 and 1983, doctors prescribing Theophylline and its derivatives, commonly used to treat asthma and bronchitis, the manufacturers and distributors of the drug did not inform doctors about the dangers of this drug, including warnings that the drug was not safe for children under five years old. The distributor, Laser, Inc., failed to update warning literature to doctors. Prior to Donnelly obtaining the settlement, a trial had been scheduled for June 1996. The $3.5 million settlement will finally compensate and provide the family with the resources to give their child, now fourteen years old, with the special care she will always need. Donnelly continues to monitor cases involving misuse of Theospan. In 1994, he was named head of the Theophylline Litigation Group.
    • Dennis M. Donnelly, Esq.
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  • $3 Million

    Wrongful Birth

    Failure to prenatally diagnose a cardiac defect known as Hypoplastic Left Heart Syndrome Note: $3,000,000 divided between parents and child who both were represented by different counsel. Senior partner Dennis Donnelly was lead counsel in this wrongful birth failure in prenatal diagnosis claim against a radiologist, an ultrasound technician and their group. The mother had a routine prenatal ultrasound during this pregnancy in which Dennis showed that the technical performance of the ultrasound by the technician fell below the standard of care. Additionally, the radiologist had the ultimate responsibility to review the images he signed off on and yet failed to recognize the cardiac abnormality and/or recall the patient for re-scanning. Moreover, if he had any doubts about his own expertise in cardiac defects, then the standard of care would have called for him to secure an immediate referral to a fetal echocardiography unit within a few days. Due to the failures of both defendants, the plaintiffs did not receive a prenatal diagnosis and lost the option to terminate the pregnancy. Less than 1 week after birth, the infant underwent complex cardiac surgery and within a year had the 2nd phase of that cardiac surgery. Additional medical complications included necrotizing enterocolitis, Gastroesophageal reflux disease (GERD) with failure to thrive, G-tube placement and other severe medical complications requiring chronic medical follow-up for the rest of his life and the risk of developing multiple further complications associated with hypoplastic left heart syndrome. This case also involved a potential medical lien of millions of dollars due to the multiple cardiac surgeries the infant required, however, the employer of the child’s father agreed to waive the entire lien so that the child could instead use this settlement for lifetime future care.Finally, the case was notable because it was referred to Dennis to act as counsel for the parents, while referring counsel also represented the child. This permits 2 counsel and equalizes jury challenges with the 2 defense attorneys. Finally, one of the reasons the case settled was that Dennis was able to compel both the defendant radiologist and the defendant ultrasound technician to be deposed a second time and answer questions at deposition about what the images they had interpreted did or did not show. The settlement exhausted the policy limits of the radiologist and also included another 1 million dollars from the ultrasound tech’s coverage.
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  • $2.8 Million

    Medical Malpractice

    Dennis Donnelly settled this medical malpractice case for a Hudson County man who suffered a severe brain injury as a result of medical malpractice for a total of $2,800,000.Plaintiff, a 50 year-old married man and the father of two daughters, presented to the emergency room in April of 2007 with complaints of nausea, vomiting, diarrhea and dizziness. He was diagnosed with hyponatremia: a metabolic condition in which there is not enough sodium or salt in the body. That condition, if properly treated, should result in no long term problems. However, plaintiff's hyponatremia was negligently treated by over-rapid correction resulting in central pontine myelinolysis, a severe brain injury resulting in the destruction of the myelin sheath that covers nerve cells which prevents signals from being properly transmitted from one nerve to another. That brain injury initially caused the plaintiff to become comatose, requiring a tracheostomy and feeding tube. After two lengthy stays in acute rehabilitation facilities, the tracheostomy and feeding tubes were removed, however, the plaintiff required then and still requires extensive physical and occupational therapies and is confined to a wheelchair due to his brain injury. Plaintiff also suffers from extremely dysarthric speech, similar to a stroke victim, and has decreased cognitive function, including inappropriate and compulsive behavior. Plaintiff has been unable to return to work since that April 2007 hospitalization, and continues to require assistance with all activities of daily living. After retaining multiple experts and conducting all necessary pre-trial discovery including dozens of depositions, in the fall of 2011 a settlement was reached with the defendant-nephrologist, who was responsible for the management of plaintiff's sodium correction, for that doctor's policy limits of $2,000,000 A trial against the remaining defendants commenced in the late winter of 2012. After several days of testimony, plaintiffs accepted an additional settlement of $800,000 from his treating gastroenterologist and an emergency room nurse for improper treatment including improper hand off procedures.
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  • $2.75 Million

    Medical Malpractice

    Dennis M. Donnelly, represented the estate of a 54 year-old woman who died from intra-operative hemorrhaging during the negligent performance of a hysterectomy. The woman left surviving, her husband and four children. The claims included the negligent performance of the surgery by the surgeon (which settled for $750,000 due to problems with his insurance). The surgery lasted for 15 hours and the woman lost half of her blood supply before she died during the procedure. Claims were also made against the hospital with regard to negligence in the administrative supervision and oversight by the hospital, in allowing the surgeon to practice after he should have been suspended for multiple prior problems with aggressive and dangerous surgical methods. Through comprehensive investigation, Mr. Donnelly determined that additional claims were warranted against the surgeon's former employer/hospital and its surgical department's chairman, for failing to provide extremely negative peer reviews of the surgeon's methods to the hospital where the plaintiff's surgery was performed. The prior employing hospital claimed that it was not incumbent upon them to supply the critically needed information with regard to the shortcomings and dangerous nature of the surgeon's methods. It was this lack of reasonable and necessary communication which played a role in the surgeon being permitted to perform surgery upon the plaintiff, resulting in her death. Mr. Donnelly settled the claims against the hospital where the procedure was performed for an additional $2,000,000.

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    • Dennis M. Donnelly, Esq.
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  • $2.7 Million

    Medical Malpractice

    Senior partner Dennis Donnelly settled this wrongful birth failure in prenatal diagnosis claim against the mother's treating obstetricians. Routine prenatal blood work including hemoglobin electrophoresis confirmed that the mother had beta thalassemia, meaning she was a carrier of the disease. Unfortunately, her less than knowledgeable obstetrician made the common but unsupported mistake of assuming her blood values only reflected benign anemia during pregnancy despite the fact that the mother and father were Italian Americans and the results were instead consistent with the mother being a thalassemia carrier. Despite continued obstetrical visits, no further evaluation was performed by the obstetricians, and they did not recommend that the father be tested to ascertain his carrier status. Late in the pregnancy, the mother transferred her care to a new obstetrician who immediately recognized the error, had the father tested and referred the mother for a maternal fetal medicine consult. Tragically, that came too late for acting on that advice. Had that procedure been followed by her first obstetricians, the mother could have proceeded with amniocentesis and received a diagnosis in time to allow her the option to terminate the pregnancy. The infant was born with thalassemia major and her chronic anemia was so severe, at less than 3 months of age she began to receive blood transfusions every 4 weeks. In addition to transfusions, lifelong monitoring and medications to prevent iron overload will also be required. Armed with the knowledge that they were carriers, the parents chose IVF implantation with pre-implantation genetic diagnosis to assure that future children would not be afflicted with this disease. The settlement was for just below the policy limits and came despite defense attempts to argue that the parents could still have terminated in other states or allegedly even in New Jersey after 24 weeks gestation.
    • Dennis M. Donnelly, Esq.
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  • $2.5 Million

    Medical Malpractice

    Senior Partner, Dennis M. Donnelly represented clients in a wrongful-birth case against two obstetrician gynecologists (OB/Gyn), and a radiologist. An Essex County jury awarded $1.5 million in damages on the claims surrounding the OB/Gyn care, bringing the plaintiffs' recovery to $2.5 million. Our clients claimed that her treating OB/Gyns failed to perform a prenatal alpha-fetoprotein blood test (AFP test) during the prenatal period to detect spina bifida, (an incomplete closure of the spine). Proper testing would have found the defect, allowing her to end the pregnancy. Our clients' daughter, due to this significant birth defect, had back and brain surgery a week after her birth in 2002. Currently, she is incontinent and wears orthotics on her ankles and feet. Our client had consented to the AFP test, but, somehow, because of failures in the doctors' follow-up, it was not performed. Prior to trial, Mr. Donnelly had settled the claims against a treating radiologist for $1,000,000 That radiologist failed to take prenatal ultrasound views which would have shown signs of spina bifida.
    • Dennis M. Donnelly, Esq.
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  • $2.4 Million

    Industrial Accident

    Senior Partner Dennis Donnelly represented the estate and family of a 41 year-old electrician who was electrocuted when high voltage current arched from an electrical substation which he was inspecting. The electrician subsequently died from his electrical burns after surviving for 52 days. Despite uncertainty as to the exact circumstances which lead to the arc which electrocuted the electrician, through years of discovery depositions and expert evaluation Dennis was able to establish that several defendants were negligent in failing to shut off power prior to the plaintiff’s inspection of the substation, and/or in failing to mandate safer inspection procedures and to provide a safe work platform. The multi-party settlement was paid by the owner of the substation, the designer of the sub-station upgrade who failed to provide a safe work platform, the general contractor who ordered and supervised the inspection, and another contractor who was involved in an earlier re-routing of power, yet failed to provide for shut down-lock out procedures thereafter. In order to overcome a vigorous defense that the Plaintiff electrician must have reached into the cabinet and caused the arc himself, Dennis used an electrical burn causation specialist who was able to show that the electrician’s burns were inconsistent with that defense scenario, and instead occurred when the arc erupted from the substation and burned him, even though he was inspecting the station from what would normally be a safe distance.
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  • $2.3 Million

    Product Liability

    Dennis Donnelly represented an 18 year-old, a brand new driver who sustained a permanent brain injury after being struck by a poorly designed and unsafe airbag, when it deployed from a low-speed collision which she caused. Cars can be unsafe, at any speed, and thus legally uncrashworthy, when poorly designed safety devices cause rather than prevent death and brain damage in low-speed accidents. Dennis has handled such claims for many years, and were able to prove after years of complex and expensive discovery and expert analysis, that a defective airbag on her first car will cause a high school "Miss Congeniality" winner to battle the aftermath of a closed head brain injury for the rest of her life. Their client was seat belted, and the police were shocked to find her in a coma after a 15 mile per hour impact. It was only after years of investigation and expert analysis that Dennis was able to prove that the airbag that was supposed to save her, actually caused her brain injury. Through extensive work with 3 different automotive airbag design and performance experts, Dennis was also able to discover that the manufacturer of the vehicle experimented with an oversimplified airbag sensor design in an effort to save money; even though that same manufacturer used a better design in its other vehicles that would have prevented this young woman's injury, by not firing the airbag upon impact at such a slow rate of speed. Mr. Donnelly settled this case for $2,300,000.
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  • $2.25 Million

    Medical Malpractice

    Senior partner Dennis Donnelly settled this failure in prenatal diagnosis claim on behalf of the mother and her infant daughter. During her pregnancy in 2007- 2008, the mother underwent an ultrasound known as a second trimester anatomical survey which was improperly read as normal. The defendant maternal fetal medicine specialist failed to appreciate abnormal anatomy on the mother's prenatal ultrasound which would have led to further testing and a prenatal diagnosis of Treacher Collins Syndrome, a devastating craniofacial birth defect. Her daughter was born with multiple abnormalities including abnormal ear placement and deafness, micrognathia or extremely small jaw, cleft palate and other facial deformities. The child has undergone multiple corrective surgeries including tracheostomy and a feeding tube, and will require additional surgeries in the future. As a result of the defendants' failures, the plaintiff was deprived of a prenatal diagnosis and choice to terminate the pregnancy. Mr. Donnelly further assisted the mother after the settlement in obtaining an annuity and setting up a Special Needs Trust to help the mother pay for her daughter's lifetime medical costs.
    • Dennis M. Donnelly, Esq.
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  • $2.25 Million

    Birth Injury

    Senior Partner, Dennis Donnelly, won a 2.25 million dollar verdict on behalf of a year old boy born with Erb's Palsy. The plaintiff's mother was a 35 year old woman who had two prior miscarriages and became pregnant late in 1997 by in vitro fertilization. This pregnancy was complicated by severe gestational diabetes and the risk of preecclampsia. Therefore, she was referred to a high risk perinatologist who practices in a group of regular OB-GYNs. Dr. David Hollander was the perinatologist, an obstetrician with additional training in high risk pregnancies, who skillfully and carefully managed Diana's first full term pregnancy. At 17 weeks, he took a baseline ultrasound that showed normal growth, with the baby's head and stomach showing equal symmetrical growth. After that, in January, he and his group managed the mom's diabetes, which went out of control, requiring a one month hospitalization and thereafter IV insulin for better control. Although he did not recall it, the target defendant, Dr. Theodore Cohen, who was the group covering doctor who delivered her baby when her membranes ruptured early at 36 weeks on March 13, 1998, had seen Diana once during her diabetes hospitalization. Therefore, he was aware of her diabetic status. Thereafter, in February and early March of 1998, one other member of the group and the primary managing perinatologist, Dr. Hollander, noticed the beginning of disproportionate growth of the baby. They carefully documented in an ultrasound report and ultrasound polaroids capturing measurements of the head ( head circumference ) and the stomach (abdominal circumference ), the disproportionate growth of the baby's trunk in comparison to it's head. Such disproportionate growth is a recognized risk of diabetes and insulin treatment of the mom during pregnancy. When it occurs, there is a substantially increased risk of injury during delivery to nerves in the the baby's shoulder and neck which allow normal, full use of the hand on that side. That injury, commonly known as Erb's Palsy, is caused by traction and tearing if nerves as the delivering doctor exerts force to free the stuck shoulder and pull the baby's trunk out after the mother has delivered the head . Shoulder Dystocia, a shoulder impacted and stuck behind the mom's symphysis pubis can occur with smaller, proportionally grown babies, for unknown reasons, and in those cases the primary issue is whether the obstetrician used excessive force or panicked in the emergency created when the shoulders couldn't be delivered naturally, and caused the injury that way. However, here, the primary issue was the covering doctor's failure to appreciate the advanced warning of this risk and deliver the baby by c-section. The plaintiff maintained that Dr. Cohen allowed her to first sit in the hospital for 10 hours after she experienced PROM, premature rupture of the membranes, and then talked her into a trial of labor for 14-16 hours the next day on March 14, and that he did that without ever reviewing her prenatal chart and appreciating all the ultrasound and clinical evidence of an enormous disproportion in the growth of the baby's trunk which substantially increased the risk that did materialize in this delivery: Shoulder Dystocia and an Erb's Palsy when he forced the baby's upper trunk out of the pelvis after it had been stuck at the shoulders. The infant plaintiff has undergone 3 major surgeries at the three most prominent centers for surgical attempts to improve arm function despite or after an Erb's Palsy birth injury. At approximately age 1 he underwent extensive nerve transfer surgery at the Children's Hospital in Miami by Dr. Grossman. At age 2½ he underwent extensive muscle transfer in Texas from Dr. Nath. Thereafter at age 4 he underwent extensive bone repair of the misalignment of his humerus and shoulder joint, which was a natural progression of his birth injury, performed by Dr. Waters in Boston.
    • Dennis M. Donnelly, Esq.
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  • $2 Million

    Wrongful Death

    Senior partner Dennis Donnelly has successfully settled the claims of a surviving husband and 4 children that negligent administrative supervision and oversight by a hospital of an oncological gynecology surgeon allowed him to practice after he should have been suspended for multiple prior problems, and, that such failure led to the death of their 52 year-old wife/mother during surgery. The claim was also settled against the estate of the surgeon, who later died from unrelated causes for an additional confidential amount. The claim currently continues against another hospital which previously employed the same surgeon, and, failed to disclose even earlier similar problems with the same surgeon to his subsequent employers, and, instead, gave him a positive letter of recommendation.
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  • $1.875 Million

    Product Liability

    Senior partner, Dennis Donnelly, represented the estate and family of a young father who was traveling in his 1993 minivan with his wife and two children. He was killed in a crash in which he should have survived, after being trapped by his steering wheel. He and his wife bought that particular minivan based upon the manufacturer’s representations that it was safer than other minivans available. Unfortunately, in this offset crash, at clearly survivable speeds, this particular model of minivan experienced massive failure of its occupant compartment or survival space. Since the late 1960's motor vehicle manufacturers have accepted that every vehicle is built around a “safety cage” which forms the backbone of every vehicle’s safety system. That safety cage, which is also referred to as a non-encroachment zone or survival space, is the last line of defense for passengers in a crash. Nevertheless, car manufacturers have continued to take shortcuts in vehicle development and testing; shortcuts which have left many cars with serious weaknesses in the safety cage structure which are not discovered until someone is injured or killed. While many manufacturers comprehensively test their vehicle structures, some companies only do the smallest amount of testing required to pass minimum federal safety standards requirements. The result is that some vehicles can perform very well in common accident scenarios, while others do very poorly because they were never tested to see how they would perform in some of the most common types of accidents.
    • Dennis M. Donnelly, Esq.
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  • $1.775 Million

    Medical Malpractice

    An Essex County jury awarded $1.575 million on Feb. 14 in a wrongful death-medical malpractice case. An additional $200,000 from a high-low agreement brings the recovery to $1.775 million. Richard Tarallo of Nutley died on Aug. 12, 2006, at age 39 from an aortic tear. He started having chest pains in May of that year and on July 30, after collapsing, went to Clara Maass Hospital in Belleville and was admitted for three days. During this time, radiologist Jeffrey Naiman administered a CT-angiogram, which found blood in the pericardium near the aorta but no rupture or hole, says the family's lawyer, Dennis Donnelly, of Senior Fried Forte Zerres & Molinari in Chatham. He says Naiman did the test with contrast and might have found the bleeding cause through a test without contrast, while cardiologist Fadi Chaaban should have ordered more tests or sent Tarallo to St. Barnabas, which was better equipped to handle aortic problems. Donnelly adds that Chaaban should not have sent Tarallo home without making sure there was no aortic hole or rupture. Tarallo went back to the hospital with chest pains on Aug. 5 and was later released. The jury found Chaaban 80 percent liable and Naiman 20 percent, awarding $1.25 million in lost wages and $225,000 on Tarallo's wife's per quod claim, plus $100,000 for pain and suffering. Two doctors were no-caused: cardiothoracic surgeon Michael Pontoriero and emergency room doctor Joe Dib. He will pay $200,000 under a $2 million-$200,000 high-low agreement reached during trial before Superior Court Judge James Rothschild Jr. Craig Combs of Giblin & Combs in Morristown, for Pontoriero, confirms the verdict. Jeremy Cooley of Lenox, Socey, Formidoni, Giordano, Cooley, Lang & Casey in Lawrenceville, Chaaban's attorney, could not be reached. James Sharp of Cedar Knolls, for Naiman, and Evelyn Farkas of Farkas & Donohue in Florham Park, for Dib, did not return calls.
    • Dennis M. Donnelly, Esq.
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  • $1.75 Million

    Medical Malpractice

    TMJ After her nose was fractured by a falling refrigerator door, a 39 year Hackensack woman had nasal surgery. Six months later, she sought treatment for pain in her jaw from the surgeon who initially performed nasal surgery. He then recommended and performed temporomandibular joint surgery which worsened her condition. Senior Partner Dennis Donnelly argued that this surgery is normally recommended as a last resort. This unnecessary surgery causes the woman to suffer ongoing facial pain. The jury awarded $1.5 million, as well as $250,000 to her husband for loss of marital companionship.
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  • $1.75 Million

    Medical Malpractice

    Senior Partner, Dennis M. Donnelly, settled this wrongful birth case involving a failure by radiologist to image the back of the fetal brain during a prenatal screening ultrasound in 1995. This deficiency in the ultrasound screening deprived the child's mother of knowledge that her daughter would be born with severe hydrocephalus and spina bifida, which would cause severe brain damage and paralysis. Though there was some dispute whether imaging the back of the brain was a required view for 2nd trimester ultrasounds as of 1995, all experts agreed that such images would have shown the changes in the back of the brain caused by spina bifida. Partner Dennis Donnelly was also able to show that the American Institute of Ultrasound in Medicine had recognized that complete views of the fetal brain, including the posterior fossa or back section, should be done in all prenatal anatomical surveys during the 2nd trimester of pregnancy. In addition, that the defendant radiologist's report told this mother and her obstetricians that he had imaged the brain represented that he had viewed all parts of the brain and found them normal. However, when the images were reviewed all sides agreed that they contained no images of the back of the brain.
    • Dennis M. Donnelly, Esq.
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  • $1.7 Million

    Wrongful Death

    Dennis Donnelly represented the estate and wife of a 55 year old oncologist. The couple, who were leaving on vacation in March 2002, intended to stay at a hotel near the airport the evening before their early flight out of Newark International. After checking in, the doctor parked his car in the hotel parking lot while his wife waited in the hotel. In the parking lot, the doctor was robbed, shot in the head, and died. Dennis established that the hotel failed to provide adequate security on the hotel premises, and that the hotel's general manger had ignored the recommendations of its own on-site director of security. Dennis settled this case for $1,700,000 after jury selection.
    • Dennis M. Donnelly, Esq.
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  • $1.665 Million

    Medical Malpractice

    An emergency room doctor will pay $1 million under a high-low agreement in a suit over a 40-year-old man's death from an allergic reaction to multiple bee stings. The Morris County suit, handled by Senior Partner, Dennis Donnelly, alleged that the decedent might still be alive if doctors who treated him at St. Clare's Hospital in Denville diagnosed his bee-sting allergy and gave him the proper medication. In July 2005, the man was rushed to the hospital after a neighbor found him unconscious near his lawnmower and a swarm of bees. She claimed she told the emergency room doctor and a nurse that she thought her neighbor had been stung. The doctor did not remember being told but the nurse did. The information was not noted in the decedent's medical records. The internist who treated the man in the intensive care unit, allegedly told his wife that the bee stings had been ruled out when she asked whether there was any sign of them. The doctor also allegedly told her that heat stroke caused her husband's collapse, and that he thought her husband had a seizure disorder. The man was sent home when EEG and CT tests for a seizure disorder were negative. On Aug. 30, 2005, the man's wife allegedly saw him stung again. Though he was rushed to the hospital, he died. The doctors should have provided the decedent with an EpiPen that can slow swelling and allow enough time to reach an emergency room. A $1 million/$700,000 high-low agreement was reached with the emergency room defendant doctor during jury deliberations. The internist settled for a confidential amount during the trial. The jury found damages of $850,000 for lost wages, $810,000 for loss of care and companionship and $5,000 for pain and suffering, totaling $1.665 million. It allocated 52.5 percent of the liability to the emergency room doctor and 47.5 percent to the ICU internist. The result was an $874,125 verdict against the emergency room doctor, which climbed to $1.058 million with interest, triggering the high-low agreement.
    • Dennis M. Donnelly, Esq.
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  • $1.65 Million

    Failure to Diagnose

    A mother of two went to her primary medical group with complaints of ulcer-like symptoms. Her doctors missed evidence on earlier G.I. studies which showed cancerous growth. An 18-month-delay in the diagnosis of the stomach cancer resulted in her death. $1.6 Million Settlement to Estates of Worker Killed by Toxic Gases, and Co-worker Who Tried to Rescue Him When a 34-year-old man attempted to rescue a co-worker who was overcome by toxic fumes inside a tank truck, he was also poisoned by the fumes and died. On behalf of both plaintiffs, Dennis Donnelly filed suit against a separate corporate division of the plaintiffs' employer so as to avoid the workers' compensation bar. After his motions were decided favorably to the clients, the case was assigned to trial. The sole feasible claim for both plaintiffs was a violation of confined space hazard identification and safety procedures which, on behalf of the plaintiffs, Mr. Donnelly alleged would have prevented both deaths. After two days of trial, Mr. Donnelly obtained $1,250,000 for the estate of the first worker overcome by fumes, and an award of $350,000 for the estate of the second worker who died trying to save his co-worker.
    • Dennis M. Donnelly, Esq.
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  • $1.51 Million

    Product Liability

    Senior Partner Dennis Donnelly represented a young woman who was severely injured when the car seat she was riding in completely tore off its mountings during an accident. The young woman was wearing her seatbelt when the accident occurred but that life saving device ended up ripping though her lower abdomen because her seat failed. The other passengers of the car whose seats didn't fail walked away with minor injuries. Dennis discovered that the manufacturer of the vehicle used flimsy plastic mounts to secure the rear seats to the frame of the car. The manufacturer argued that the car's seats met the minimum federal standards but documents showed that the manufacturer was aware that its seats were far too weak and would fail in normal speed accidents. More importantly, Dennis was able to use their detailed knowledge of the car industry to show that many other manufacturers designed, tested and sold much stronger seats that would have prevented the young woman's injury. The manufacturer settled the case for $1.51 million.
    • Dennis M. Donnelly, Esq.
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  • $1.5 Million

    Auto Accidents

    Senior Partner, Dennis Donnelly, represented the estate and family of a 62 year old man who died in a bus accident. The decedent, a doorman and low wage earner, was a passenger on a bus to Atlantic City. The negligent bus driver, who was driving recklessly under snowy conditions, overturned the bus. Although the bus driver was found not guilty of criminal charges in the earlier criminal case tried by a state prosecutor, Mr. Donnelly was able to convince the civil jury that his conduct was reckless, which was a higher burden to prove than simple negligence. In addition, using a pathologist expert to prove his pain and suffering, Mr. Donnelly was able to recover a substantial additional amount for pain and suffering, which pushed the verdict over 1 million dollars. Finally, although the punitive (punishment) damages award allowed only against the bus driver personally was small because he had no assets, it resulted in the entire judgment being paid without an appeal. The technology used to recreate the crash included a smart digital board, which allowed the reconstruction expert to blow up and mark aerial scene photographs to better orient the jury to the aggravated circumstances of the defendant’s reckless driving in snowy conditions with a bus load full of passengers. After seven days of trial, the jury returned a gross verdict of $1,240,000 comprised of $640,000 for pecuniary loss and $600,000 for conscious pain and suffering. In addition, there was prejudgment interest of $265,665.75, bringing the total to $1,505,665.75.
    • Dennis M. Donnelly, Esq.
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  • $1.5 Million

    Wrongful Birth

    Dennis Donnelly reached a settlement in this failure in prenatal diagnosis claim against the defendant-obstetricians and the ultrasound technician in their office for failure to diagnose a baby with Down Syndrome and a cardiac defect. Instead of referring their patients to a radiologist with specialized expertise in performing and interpreting prenatal ultrasounds, the obstetricians choose to perform and interpret ultrasounds themselves in their office. During the first trimester screening, the ultrasounds were incorrectly performed by the ultrasound technician and incorrectly interpreted by the obstetrician so that the nuchal translucency measurement given to the laboratory, allowed the lab to conclude that the mother was at a lower risk for having a child with Down Syndrome than she actually was. That same ultrasound also failed to include adequate images of the nasal bone, a "soft marker" for Down Syndrome. Another opportunity for diagnosis was missed by a different obstetrician in the same practice who interpreted a later ultrasound. If adequate 4 chambers heart views were obtained and properly interpreted, they would have revealed an AV canal heart defect which is common in children with Down Syndrome, and immediate referral for fetal echocardiogram should have been made. All of these failures deprived the mother of the knowledge that her infant would be born with Down Syndrome, a heart defect and the opportunity to terminate the pregnancy. This case also overcame what has become a common defense to failed prenatal diagnosis cases: an assertion in the notes that the mother admitted after the birth, when grilled by her obstetrician, that "she would not have terminated anyway." The recovery was also made in excess of the obstetricians’ insurance policy due to the distinct failure by the ultrasound technician. At 3 months of age, the infant required surgery to repair her heart defect. In addition, she has neurological and neurodevelopmental disabilities typical of this genetically determined disorder, requiring medical care and multiple therapies. Since she will be unable to live independently, lifelong supervision will be required.
    • Dennis M. Donnelly, Esq.
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  • $1.5 Million

    Auto Accidents

    Senior Partner, Dennis M. Donnelly represented a truck driver who sustained serious injuries when he struck another larger truck which was illegally parked on the shoulder of a highway. The illegally parked trucker failed to turn on his parking lights; nor did he use flares or warning triangle signs on the road to warn of his presence on the shoulder. Our client drifted off the road and rear ended the illegally parked 18 wheeler, causing our client catastrophic injuries. Mr. Donnelly recreated the poor lighting conditions in a video shot on the roadway in the early morning. He used models, and illustrated how the placement of flares, warning triangles and use of parking lights (as mandated by Federal motor carrier safety standards), would have made our client aware of the parked trucks presence, and would have allowed our client to avoid running into the rear of the parked truck. Mr. Donnelly settled this case after mediation for $1,500,000.
    • Dennis M. Donnelly, Esq.
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  • $1.475 Million

    Auto Accidents

    Senior partner, Dennis M. Donnelly, represented a 47 year old paralegal who was involved in a motor vehicle accident with a truck. On July 21, 2003, our client was driving a sedan on Route 46 in Independence Township, N.J. She collided head-on with a dump truck being driven in the course of its paving job. The Plaintiff’s claims included vehicular negligence, and alleged that the truck driver crossed the center divider line. In addition, the paving company was joined into the suit, with the plaintiff alleging that they were responsible for the careless and negligent acts and/or omissions of their employees (respondeat superior). The defense contended that the plaintiff was comparatively, if not entirely, negligent, and caused the accident. The defense argued that local police investigated the accident and determined that both drivers both crossed over the line and issued both drivers tickets. Mr. Donnelly gathered evidence contrary to the assertion that our client ever crossed the center line, including that the final resting place of the vehicles and that most of the debris was on the plaintiff's side of the road, indicating that the plaintiff never crossed over. Mr. Donnelly also argued that the outward curve in the road where the defendant was driving made it more probable that he was the one who crossed over the center line. Our client suffered pelvic fractures, a broken right wrist (of her dominant hand), broken leg bones, a collapsed lung and nerve damage that caused a drop foot on her right side (requiring her to wear a brace and to use a cane). She required multiple surgeries due to her fractures, and over a year of aggressive physical therapy. The claims included reimbursement for unreimbursed medical expenses of $320,505. In addition, after 101 days of hospitalization and rehabilitation, our client returned to work in early 2004. She sought past lost wages of $61,316, and unspecified damages for pain and suffering. Mr. Donnelly settled the matter for $1.475 million, just after a jury was picked.
    • Dennis M. Donnelly, Esq.
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  • $1.25 Million

    Medical Malpractice

    Dennis Donnelly obtained a 1.25 million dollar settlement, during trial, on behalf of the family of a 4 year-old girl who was born with Canavan Disease. The girl's parents, both of Ashkenazi Jewish descent, were at risk of having a child with this disease, but the mother's obstetrician failed to perform any testing for the condition during her pregnancy, despite recommendations to do so by the American College of Medical Genetics. Canavan disease is a progressive neurologic disease characterized by increased head circumference, decreasing muscle tone and motor activity, progressive loss of visual responsiveness, and mental retardation. $1.25 Million Medical Malpractice in Back Surgery Senior Partner Dennis Donnelly settled for $1.25 Million the case of a 47-year-old man who had prior injuries and lawsuits. Following a third minor auto accident, the plaintiff underwent two levels of back surgery. Mr. Donnelly pinpointed the negligence in this surgery and obtained a $1.25 million settlement.
    • Dennis M. Donnelly, Esq.
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  • $1.225 Million

    Auto Accidents

    Mr. Donnelly obtained a partial settlement of $1.225 million for a 25-year-old woman seriously injured when her brand-new Ford sport utility vehicle rolled over in an accident. Her Ford Explorer was hit from the side by a Ford Taurus driven by a retired professional. When her SUV slid and overturned, she was ejected. She is paralyzed below the waist and confined to a wheel chair. $1.225 Million Settlement for Child with Fragile X Syndrome - Medical Malpractice, Wrongful Birth, Failure to Diagnose, Fragile X Syndrome Fragile X syndrome, a condition which can be diagnosed prenatally, is the most common cause of inherited mental retardation, seen in approximately one in 1,200 males and one in 2,500 females. In this case, Senior partner, Dennis Donnelly, recovered a settlement of 1.225 million dollars for a 4 year-old boy born with Fragile X Syndrome, where the mother's doctors failed to perform proper testing to screen for this condition.
    • Dennis M. Donnelly, Esq.
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  • $1.2 Million

    Birth Injury

    A child who was born with a Fragile X Syndrome will receive 1.2 million dollars as part of a settlement obtained by Dennis Donnelly. Given a history of mental retardation and autism in the mother's family, the obstetricians providing prenatal care for the mother failed to order a screening blood test, recommended by the American College of Obstetrics & Gynecology, which would have been able to detect the fragile X birth defect. The boy, who is now six, suffers from developmental delays and autism, and, requires lifetime care and supervision.
    • Dennis M. Donnelly, Esq.
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  • $1 Million

    Wrongful Birth

    This lawsuit involved the controversial issue of a Mother's "right to terminate a pregnancy" when she learns that she will give birth to a child with birth defects - in this case, a child born with Down Syndrome in 1990. Senior Partner Dennis Donnelly characterized the case as a "wrongful birth lawsuit". Medical negligence deprived the parents of exercising all the options available to them regarding the extra-ordinary medical therapy and emotional distress of a Down Syndrome child. The Mother's OB/GYN forgot to recommend pre-natal screening tests during the time when the tests would have detected the birth defect. The child's Mother asked for the tests, but the Doctor did not recommend the standard Alpha Feta Protein (AFP) test at the appropriate time. In addition to the parents' emotional suffering, the future holds many therapeutic expenses, possibly institutionalizing the child and the fact that Down Syndrome children also have a propensity to develop childhood Leukemia. Donnelly settled the case for $1 million.
    • Dennis M. Donnelly, Esq.
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  • $1 Million

    Product Liability

    Senior Partner, Dennis Donnelly, represented the estate of a 39 year old mother and wife in a case involving her death caused when her SUV rolled over after she lost control of the vehicle. The roof of the SUV was severely crushed during the rollover, leading to the seat belted woman's partial ejection from the vehicle. Mr. Donnelly demonstrated that there was already available technology and reasonable alternative designs for the SUV which would have prevented the woman's injuries, including a stronger roof, better seat belts, laminated side glass and several alternative designs that could have cured the SUV's stability problems. Senior's expert witnesses ran tests on the SUV that showed its roof was likely to excessively crush during foreseeable speed rollover accidents. The SUV's manufacturer knew that the SUV had critical stability problems even during the design and testing phase of the vehicle. It also knew since the 1960's that SUVs and pickup trucks were rolling over at a rate more than 3 times the amount experienced by regular passenger vehicles. By the time the car manufacturer entered the small SUV market with this particular model SUV, federal government funded studies showed that short wheelbase SUV vehicles, like the one driven by the plaintiff's decedent, were far more likely to roll over and cause injury, but the manufacturer did surprisingly little to ensure that drivers of this model SUV would be safe from rollover related injuries. Other SUV manufacturers also ignored the safety risks posed by SUVs. The result is that many SUVs on the road today have roofs that would not offer passengers the level of safety that is, and was, easily achievable through the use of better quality steel and roof designs. Many of the problems with SUV roofs could have been cured through the use of simple “off the shelf” technology at a surprisingly low cost.
    • Dennis M. Donnelly, Esq.
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  • $1 Million

    Medical Malpractice

    A 56-year-old husband and father of three was being monitored by his elderly osteopath for many years because he suffered from both hepatitis C and cirrhosis of the liver. That combination of those conditions makes the risk of getting liver cancer much greater. Despite that fact, the osteopath ignored an ultrasound report of a liver mass and only acted on its other recommendation for gall bladder surgery. The general surgeon made the same mistake. Those errors resulted in a delay of more than one year in the diagnosis of liver cancer, which by then was terminal and lead to the patient's death within months. The surgeon claimed it was only his job to deal with the gallbladder. Both doctors tried to excuse their failures or minimize the damage from those failures by claiming that the ultrasound findings were inconclusive and liver cancer could have killed the patient anyway, even with an earlier diagnosis. After 3 years of litigation and supporting opinions from both a surgeon with specialized liver cancer experience and a same specialty osteopath, and with a scheduled trial date, the defendants finally agreed to a fair settlement.
    • Dennis M. Donnelly, Esq.
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  • $1 Million

    Wrongful Death

    A father/son surgical team will pay a $1,000,000 settlement to the surviving husband and two adult children of a 65-year-old Essex County woman. This suit handled by Senior Partner Dennis Donnelly alleged that the decedent would have survived had the surgical team promptly diagnosed and repaired a splenic artery aneurysm when the plaintiff first was admitted to the hospital. In September of 2008, the plaintiff-decent was transported by ambulance to the hospital with complaints of fainting, and chest pain radiating to the abdomen. A CT Scan of the abdomen and pelvis was performed which revealed blood in her abdomen and either a large splenic artery aneurysm or perhaps a pseudocyst. At the time of the initial surgery, the team discovered "free blood throughout the entire abdomen" and encountered a "large mass approximately 4x6 inches" but they claimed it was a pancreatic pseudocyst, which was oozing blood from its walls. Although they also identified a splenic artery aneurysm, which they stated was intact, they failed to evaluate the likely source of all the blood, the large size of the splenic aneurysm or the urgent need to address it at that time. Instead, since it was the middle of the night, the defendant-surgeons choose to wait until the morning to address it further, and they packed up and closed the surgical area. However, in the recovery room, the plaintiff became hypertensive and went into ventricular fibrillation. CPR was initiated and was successful in restoring a normal rhythm. The plaintiff was brought back into surgery where the defendant surgeons discovered several liters of blood and that the mass was now completely compressed and actively bleeding. At this time, a splenectomy and distal pancreatectomy were performed, as well as ligation of the splenic artery aneurysm. Had those procedures been done at the initial surgery as plaintiff's experts opined, the patient would have survived. Unfortunately, after the second surgery, the plaintiff went into cardiac arrest and could not be resuscitated.
    • Dennis M. Donnelly, Esq.
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  • $620,000

    Premises Liability

    Abe represented a man who sustained serious injuries when he slipped and fell on ice. Liability was disputed as there was a storm for many hours prior to the incident. Abe was able to establish that the snow removal contractor did not properly remove ice on the walkway of the building causing the fall. The case settled for $620,000.
    • Abraham N. Milgraum, Esq.
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  • $490,000

    Workplace Injury

    In a recent case, Abe represented an undocumented 40 year old man who sustained injuries resulting from a fall from scaffolding which allegedly tipped while in use causing the client to fall 12 feet. A few days prior to the incident, the client had offered himself to perform day jobs for contractors in order to be able to support his family. Abe was retained months after the fall occurred and the client did not even know where the fall occurred or the company that hired him to perform work that day. Abe requested the records from the Hospital that the plaintiff was taken to after the fall and was able to identify the EMS outfit that picked up the client from the location of the fall. The EMS report was secured and had the address where the fall occurred. By the time that Abe was retained, however, the construction project was finished and no evidence of the condition of the scaffolding remained. Abe secured local municipal permit application documents which identified a General Contractor who applied to perform work at the subject home. After additional digging which included hiring a private investigator, Abe was able to identify some of the other individuals working at the subject work site the day of the fall. The fact that there were no pictures of the scaffolding and that the scaffolding was long removed prior to Abe being retained proved very challenging. Abe was faced with the difficulty of demonstrating that the scaffold was not set up safely but had to do so through the individuals that set up and used the scaffold but those individuals did not have experience with setting up or using scaffoldings and did not speak English as well. The General Contractor who spoke English perfectly said, rather incredibly, that he didn’t know his workers were using scaffolding and therefore could not have seen the scaffolding to describe its setup condition. Numerous depositions with translators demonstrated that the scaffold was set up on uneven wood planks as its base which was alleged to have been a substantial cause of the scaffolding shifting and causing the plaintiff to fall. It was also alleged that harnesses were not available which would have been required pursuant to OSHA standards for the work being done when the fall occurred. The case resolved at mediation for $490,000.
    • Abraham N. Milgraum, Esq.
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  • $450,000

    Insurance Dispute

    Abe represented a woman seeking to collect "Accidental Death and Dismemberment" benefits on her husband's life insurance policy. The insurance company denied the claim alleging that the premiums were not paid for the double indemnity portion of the policy. Abe contended that the policy had a premium waiver during disability which applied to this policy. Abe filed a complaint alleging claims in contract and in insurance malpractice. After suit was filed the case settled for $450,000.
    • Abraham N. Milgraum, Esq.
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  • $400,000

    Auto Accidents

    ?Abe represented the estate of a young woman who was killed by a drunk driver. After proving that the defendant consumed alcohol in two established and was served while he was visibly intoxicated the case settled for $400,000 prior to trial.
    • Abraham N. Milgraum, Esq.
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  • $350,000

    Product Liability

    Mr. Milgraum represented a man who sustained a finger amputation from a machine. Abe was successful in settling this product liability claim for $350,000 against the product manufacturer and the factory where the client worked through a temp agency. $350,000 Medical Malpractice A dental malpractice case was filed for a client who had received dental treatment from a dentist for many years and had teeth requiring some dental implants. It was alleged that the crowns that were put on by the dentist were not put on properly causing decay underneath the crowns. Abe was successful in obtaining a settlement of $325,000.
    • Abraham N. Milgraum, Esq.
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  • $350,000

    Personal Injury

    For large construction jobs, it is common for large corporate entities to seek bidders to bid to perform the work. Looking to save costs is not a bad practice if it does not come at the expense of quality and safety. Abe recently represented a 50 year old woman, who was overweight and went to a local hospital for a sleep study because of sleep apnea issues. Because of her weight, she was provided the handicap room and attached bathroom to use for the study which was supposed to be constructed to accommodate those who are disabled and/or overweight. When she awoke in the morning after the study, she was offered to take a shower in the handicap bathroom to clean off the gel used in her hair to facilitate the sleep study. The client sat on the shower bench which collapsed resulting in a serious leg hematoma which needed to be evacuated. The resulting opening in the skin did not close for many months requiring extensive wound care and leading to other complications. Approximately 8 years earlier, the hospital bid out the sleep center project to a number of construction companies. The Hospital selected the lowest bidder which was a company that had just been formed and was primarily formed for the subject job. The contractor came with no references and did not even execute a formal contract with the Hospital. The contractor installed the subject bench into the sheetrock and did not install the required blocking or backing necessary to hold the weight expected for those that use a handicap bathroom. This defect was the direct cause of the subject incident. Within a few months, the contractor went bankrupt and did not pay numerous subcontractors. The injury occurred 8 years after the installation and the contractor did not exist anymore and had numerous Federal existing tax lien already in place against the prior entity. Abe pursued the Hospital on a non-delegable duty theory and on a direct liability theory for lack of oversight by the hospital administrator in charge of overseeing the project. Abe also pursued a case against an architect who was performing walkthroughs as the construction was ongoing and should have noticed the obvious negligence committed by the contractor. The case settled for $350,000 at mediation.
    • Abraham N. Milgraum, Esq.
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  • $325,000

    Medical Malpractice

    Abe represented a young man with a long history of an alcohol and drug addiction disability. He was admitted to a hospital because of withdrawal symptoms. Unfortunately, protocols for patients with addiction were not followed with this young man. He was ultimately placed under the care of a nurse who was notified of dangerous vital signs but did nothing for this young man for over an hour at which time he passed away. The case presented numerous causation and other challenges but Abe was able to secure a settlement for $325,000.
    • Abraham N. Milgraum, Esq.
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  • $305,000

    Auto Accidents

    Abe represented a 50 year old man who sustained soft tissue injuries as a result of an auto accident. He had preexisting degenerative disk disease but alleged that the auto accident aggravated his condition and ultimately led to the need for surgery. The defense alleged that the entire condition and surgery was only the result of preexisting conditions. The case settled for $305,000.
    • Abraham N. Milgraum, Esq.
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  • $247,500

    Pedestrian Accident

    Mr. Milgraum represented a man who was walking on a sidewalk at his place of employment when a car immediately and without warning, left the street, jumped the sidewalk and struck our client. The defendant driver claimed that she was not responsible for the accident because she had a heart attack right before the accident. Under these circumstances, the defendant alleged that she was not negligent as this was a "sudden emergency," which New Jersey law recognizes as a defense to an allegation of negligence. Abe obtained all of the defendant's medical records and, in fact, the defendant did have a cardiac event prior to the incident. Abe had the case reviewed by an interventional cardiologist who opined that the defendant had notice of her cardiac condition for some time prior to the event and that it was negligent for her to be driving under those conditions. The case resolved before trial for almost the entire remaining insurance limits; settling for $247,500.
    • Abraham N. Milgraum, Esq.
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  • $235,000

    Auto Accidents

    Abe represented a middle aged man who was involved in a motor vehicle accident with another car. Abe was successful in resolving the case for $235,000 and was also able to significantly compromise a large lien on the client’s case even though the lien holder was a public entity. As a result, the client was able to net a significant recovery.
    • Abraham N. Milgraum, Esq.
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  • $210,000

    Auto Accidents

    Abe was contacted shortly before the Statute of Limitations was due to expire on an automobile case. The client’s prior lawyer recommended that she accept the $10,000 being offered by the insurance company to settle her case. Abe filed suit and started the case from scratch and retained numerous experts and ultimately resolved the case for more than $210,000 shortly before trial.
    • Abraham N. Milgraum, Esq.
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  • $200,000

    Auto Accidents

    Abe represented a woman who sustained serious injuries when a cab she was entering moved before she was fully in the vehicle. Abe was successful in settling the case for the full policy limits of $200,000.
    • Abraham N. Milgraum, Esq.
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  • $190,000

    Auto Accidents

    ?Abe represented an 86 year old woman who was in a car accident and shortly thereafter had surgery for a displaced disk. The defense argued that the woman would have needed surgery regardless as the subject disk was already in a compromised position prior to the accident. Abe retained top of the line experts who opined that without the subject accident the plaintiff would not have needed surgery. The case settled for $190,000.
    • Abraham N. Milgraum, Esq.
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  • $180,000

    Personal Injury

    Abe secured a settlement of $180,000 for a young man who sustained an injury to his finger while operating a bandsaw machine at a butcher department in a supermarket. The supermarket did not have a contract with an equipment maintenance company but would call a specific maintenance company whenever any machine in the supermarket had an issue. The subject machine was fixed for reasons unrelated to the subject incident a few times in the 10 months prior to the incident. It was alleged that the incident occurred when the saw jumped forward and out of its regular route as a result of blade guides on the machine which were completely worn down. According to the product manual, the guides should have been changed every few months. The guides were not changed during the visits that the maintenance company performed leading up to the incident. The defense asserted that it did not have a contract with the supermarket for maintenance and that it was not required to change the blade guides unless called for an issue related to knife stability or the blade guides. Numerous depositions however revealed that the supermarket expected the maintenance company to perform routine maintenance for the dozens of machines that the company would be called to fix for the supermarket. The maintenance worker technicians also confirmed that they would perform an overall review of each machine it would service and perform the regular maintenance as needed even though the company management alleged that this was not their responsibility. Under these facts, Abe alleged that an implied contract existed for the regular maintenance of these machines when they would be serviced for different and unrelated problem. The case settled favorably as a result.
    • Abraham N. Milgraum, Esq.
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  • $150,000

    Premises Liability

    ?Mr. Milgraum represented a middle-aged woman who slipped and fell on snow in a parking lot. The governor had declared a state of emergency for the subject storm but Abe was able to establish that the snow contracted who came to remedy the subject parking lot did not clear the entire lot and left a portion of the lot in a dangerous condition. Abe was successful in resolving the case for $150,000.
    • Abraham N. Milgraum, Esq.
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  • $130,000

    Product Liability

    ?Abe represented a worker who sustained injuries on one of the doors of a gravel crusher. Through discovery, Abe was able to establish that earlier models of the machine had technology which would prevent the subject door from closing unexpectedly and that the later models did not employ this fail safe technology. The case settled for $130,000.
    • Abraham N. Milgraum, Esq.
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  • $100,000

    Auto Accidents

    ?Abe settled an automobile case for the entire policy limits of $100,000. The defense alleged that the soft tissue condition was preexisting. Abe secured all available insurance coverage for the benefit of the client.
    • Abraham N. Milgraum, Esq.
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  • $90,000

    Premises Liability

    ?After proving that a wedding hall did not have janitorial staff present for the four hours while the wedding was ongoing, Abe resolved a case for $90,000 for a woman who slipped and fell on some water by the sinks in a bathroom. The wedding would have the bathrooms cleaned before and after an event but would not make periodic checks throughout the duration of an event even though hundreds of people could be using the bathrooms during the event. Able established that such conduct was unreasonable and the case resolved favorably.??Abe represented a man who had a very good recovery following a ligament tear in his hand sustained as a result of an automobile accident. Abe resolved the case for $82,500 before trial.
    • Abraham N. Milgraum, Esq.
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