This case settled in 2005. A young man brought suit against his surgeon for the negligent performance of a Roux-en-Y gastric bypass. Because of improper measurement of the Roux limb, the client required several corrective surgeries. He is now perfectly well.
The best way to celebrate the 25th anniversary of a top-notch plaintiff's law firm
is with an $87 million verdict, one of the largest verdicts in New York State's
history. That is what Simonson Hess & Leibowitz, P.C. did on March 2004, when top trial
lawyer, Steven L. Hess, won $87 million in the Bronx County Supreme Court for a
laborer who was left paralyzed as a result of a work accident.
"We worked tirelessly to win compensation for our client for the pain that he
suffered as a result of his construction accident," said Steven Hess, one of the
founders of Simonson Hess & Leibowitz, P.C. "My partners and I have spent over 30
years of our life fighting tooth and nail for victims of construction accidents,
often winning and collecting substantial money damages for construction workers
and construction site visitor, who have suffered serious injury or death due
to work site accidents."
Mary Perez, a 23-year-old single mother in Brooklyn, worked hard as an EMT saving
the lives of strangers, while planning to go to college to become a nurse. But her
plans were drastically altered when she gave birth to Alberto, a baby boy who, as
a result of inadequate medical treatment, was born with severe brain damage.
Things looked very bleak until she came to Simonson Hess & Leibowitz, P.C. Paul Simonson,
the lead lawyer who handled Mary's case, fought hard for the Perez family, demanding
nothing short of justice and her due.
The legal team, led by Paul Simonson, won $4.6 million that came just in time to help
Mary.
"I represent my clients in the same way as I would like to be represented if I were
the client," said Paul Simonson. "Some lawyers take a $1 million case and get $1
million. We take that same $1 million case and get $2 million."
With the money, Mary was able to move to a handicapped–accessible apartment, purchase
a handicapped–accessible van and hire an aide to help her take care of her disabled
son. She is now able to resume her own life, to work and to go to school. But most
importantly, Mary is now able to assure good–quality care for all of Alberto's life.
Jeff Schick, a 39-year-old contractor, was struck by a vehicle while driving his
truck in Middletown, New Jersey. The vehicle, owned by Geraldo Rivera's production
company, Maravilla Production Company, was driven by the Rivera family's nanny,
who was on her way to pick up one of the children. The nanny hit Jeff's truck
while exiting the blind driveway of the Rivera family estate. The impact caused
Jeff to hit a brick wall 100 feet farther down the road.
The accident caused Jeff to suffer multiple injuries, such as a scalp avulsion, facial lacerations, a pelvic fracture and a concussion. After almost a year of multiple surgeries, rehabilitation and recuperation, Jeff was finally able to return to work.
Although Jeff did go back to work full-time, Alan Leibowitz, the lead lawyer on
Jeff's case, was still able to win over a half a million dollars on Jeff's
behalf in Monmouth County, New Jersey.
The money came just in time. By the end of the case, Jeff and his wife, Mary Ann,
became the proud parents of a third child. The Schicks were thrilled that the
expenses they incurred while Jeff was recuperating will never burden their growing
family.
Edward "Ted" Goodman is a tough advocate for people. Since becoming a lawyer, Ted
Goodman has tried and won multiple complex trials and appeals on behalf of the
injured. After the World Trade Center tragedy, he actively represented clients,
without a fee, as part of the September 11th Compensation Fund. Most recently,
Ted Goodman, the newest partner at Simonson Hess & Leibowitz, P.C., recovered $1
million for a 16-year-old boy who suffered third–degree burns on much of his
body when a stove blew up in his father's apartment. The boy, Kenyon Algood,
spent nearly a year in New York Hospital-Cornell Medical Center's burn unit
going through dozens of reconstructive surgeries. His father died as a result
of his burns.
Although there were very serious issues of comparative negligence, Ted Goodman took the case because justice had to be done. Kenyon's father, who was
blind, repeatedly complained about the gas leak in his apartment, but the complaints
were ignored. Although the gas slowly poured out, no one fixed it and Kenyon's
father had nowhere else to go. Not long after Ted Goodman took charge of Kenyon's
case, he won Kenyon $1 million for his injuries. Kenyon is now able to pay for
his medical expenses and at least have financial compensation for his injuries
and his pain.
Miguel Ortiz, a 45-year-old husband and father of two, had worked for the New York
City sanitation department for many years. He knew his people and his trucks inside
and out. One day, standing with his partner and his supervisor behind a
double-parked sanitation truck on McGraw Avenue in the Bronx, Miguel heard the sound
of air releasing. Moments later he saw the truck start to roll away. Surprised and
scared for the welfare of the people on the street, Miguel sprinted to the front of
the truck and attempted to get into the cab to stop the runaway truck. But as fate
would have it, Miguel slipped and became caught between the truck and a parked car,
severely injuring his hip.
Eventually, Miguel's partner stopped the truck with the foot brake.
This was not the first time that this particular truck had rolled on its own even
after the parking brake was engaged. Twice after complaints were made about this
problem, the truck was taken for service and supposedly fixed.
But something went terribly wrong and Miguel, in his attempt to protect the truck
and the public, was left with a permanent injury and significant pain for the
rest of his life.
Miguel spent months in the hospital as a result of multiple surgeries and rehabilitation.
And if that was not difficult enough, he was going to have to wear a brace for the
rest of his life and get a total hip replacement in five to 10 years, and again in
25 years, according to his doctors.
One day in the hospital, an attorney friend recommended that Miguel speak to Simonson Hess & Leibowitz, P.C. about his accident. The attorney friend, who knew of Simonson Hess & Leibowitz, P.C.'s reputation and success in recovering money to help injured clients,
said they might be able to help Miguel.
Miguel's friend turned out to be right. One of Simonson Hess & Leibowitz, P.C.'s founding
lawyers, Steven Hess, fought hard for Miguel, winning nearly $5.4 million for his client.
Steven Hess, after countless meetings with Miguel by his hospital bedside and many
hours spent working on his case, laid out a convincing and bullet-proof case against
New York City and the insufficient maintenance and repair of this sanitation truck.
"The accident was not Miguel's fault, yet he was left to suffer for it for the rest
of his life," said Steven Hess.
"As Miguel wanted to help those around him, we at Simonson Hess & Leibowitz, P.C. wanted
to help Miguel." Simonson Hess & Leibowitz, P.C. put to use their vast experience, top
resources and best trial lawyers to win Miguel not only $5.4 million, but also the
peace of mind that his wife and two young children will be able to live comfortably
and feel financially secure.
Japanese drug manufacturer found responsible for failing to remove contaminant from
a popular dietary supplement. Several clients, including a prominent National Hockey
League player, retained our office to act in the United States against the manufacturer.
After we helped to prove the existence of the contaminant the cases settled without
the necessity for trial.
The parents of a seriously brain damaged twin baby brought suit because of the failure
of the doctor and hospital to recognize an emergency situation and quickly deliver by
caesarean section. Because of a premature labor, one of the baby's umbilical cords was
being compressed leading to low blood flow and diminished oxygen. Despite being aware
of the risks involved, the doctors failed to properly monitor the baby's heart rate
and delayed in delivery. After the verdict the insurance company paid the full amount
of the doctor's insurance coverage.
The mother of a cerebral palsy child brought suit against doctors an HMO for the failure
to properly manage her pregnancy. The mother was determined to be high risk because of
her own medical problems. The HMO team allowed her to labor for several hours without
any observation by nurses or doctors. The labor was complicated by problems which
resulted in the baby becoming brain damaged.
The mother of a profoundly brain damaged youngster afflicted with Cerebral Palsy settled
with the doctors and hospital for the full extent of the insurance coverage. Because of
a delay in delivery in the face of clear problems, the baby suffered oxygen deprivation
which led to her injury. In the course of the lawsuit the firm discovered that one of
the doctors had secreted important documentary evidence in his footlocker. This discovery
had an important impact on the decision to offer all of the available insurance.
The parents of a two year old girl sued a hospital for failing to monitor their child after
surgery leading to loss of blood and resultant brain damage. The infant had a congenital
condition which involved the bones of her skull. After successful surgery to adjust the
skull bones she was taken to the recovery room. While in the recovery room her blood
loss went unnoticed until it reached the point that her brain was irreversibly deprived
of oxygen.
The parents of a nine year old boy damaged as an infant by an untreated infection brought
suit against the doctors in charge of the care. The child developed the common signs of
a herpes infection which required the rapid administration of an antiviral medication
known to be effective against herpes. The doctors delayed in giving the medication leading
to severe cognitive problems and continuous drooling. The settlement will result in
payments to the child approaching twenty million dollars.
The husband of a mother of two brought suit for the failure to timely diagnose and treat
a recurrent kidney cancer. This wrongful death case was brought as a result of a physician's
failure to take seriously the complaints of a woman who had a prior bout with kidney cancer.
Despite multiple office visits and diagnostic tests the physician failed to discover that
a small cancer had recurred at the site of the previous cancer. The failure to treat the
local recurrence led to her untimely death.
This gastric bypass malpractice case settled in the 1980's. This early case, involving
Jejunoileal bypass, revolved around a failure by the surgeon to adequately monitor
post operative nutrition and electrolytes.
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