Case Results

The mission of our firm is to seek justice and fair compensation for seriously injured people and their families. The following list of favorable results for our clients reflects a lifetime of dedication to our clients.

We do our best to see that the financial proceeds of our successfully resolved cases are designated appropriately for the medical care, education, maintenance and support of our clients. In doing so, we rely on expert physicians, nurses, vocational counselors, therapists, and life care planners.

While a great many of our cases have been resolved, by way of trial or settlement, in the seven figure (plus) range, we have intentionally chosen not to disclose actual dollar figures on this website. We feel that doing so would violate our confidential obligation to our clients. Many of our jury verdicts and case reports can be found in newspapers, archives, legal journals, magazines and other public records. If you have any questions regarding any of the cases reported on this site, and/or if the fact pattern described appears to be similar to that which has prompted you to visit with us, please do not hesitate to contact us.

• Medical Malpractice
  Medication Errors
• Auto, Bus and Trucking Accidents
• Chiropractors
• Scaffolding/Exterior Building Maintenance
• Sexual Molestation in Child Care Facility
• Electrocution - Failure to Provide Safe Workplace
• Products Liability
• Insurance Bad Faith
• Train/Pedestrian Accident
• Ski Slope Design

Medical Malpractice

Hospital Negligence/Medical Malpractice

Settlement for a teenaged girl who was rendered sterile as a result of her ovaries being unnecessarily removed. Prior to contacting our firm, the girl and her family were unaware of her sterile condition, and she lacked the vital hormone therapy she so badly needed. The chief operating officer of the hospital eventually apologized to the family. The victim received a structured settlement that allows her to get suitable medical treatment for the rest of her life, including fertilization options.

Duty Owed By Physicians And Hospitals To The Public

A hospital cancer patient was improperly released after receiving high dosages of pain relieving medications. That patient then lost consciousness while operating her vehicle, which caused her to lose control of her car, crashing head-on into a vehicle in which our client was a passenger. Our client suffered serious injuries, including traumatic brain damage. After more than five years of work for this case, our efforts resulted in the compensation necessary to provide our client with lifetime of medical care and personal attendants to help make her life comfortable.

This case set a new precedent in federal court, which ruled that in some instances, health care providers owe a duty of care not only to their own patients, but to members of the public as well.

Medical Malpractice/Unsupervised Resident Surgeon

A 35-year-old engineer underwent spinal surgery performed by an unsupervised resident without his consent. After cutting into his spinal canal, eighteen spinal nerve roots were severed. The engineer suffered permanent loss of all bowel, bladder and sexual functions. The case was successfully resolved immediately prior to trial.

Hospital Malpractice/Birth Injury

Medical malpractice settlement against a hospital that permitted a newborn baby's bacterial infection to continue untreated while the baby's health deteriorated. The baby's permanent mental and physical disabilities resulted from the negligence of the hospital and its staff. The case was successfully settled so that the baby will have the lifetime of attendant care that she requires.

Military Hospital Malpractice

A settlement was reached with a U.S. military hospital that wrongfully advised a mother to withhold medication from her child, who suffered from seizures. The irresponsible advice caused the child to go without medication for an inappropriate length of time, resulting in a grand mal seizure and permanent brain damage. The military hospital then attempted to "doctor the records" and deny that the wrong advice had been given, blaming the child's seizures on the mother's failure to give the medication to her child. The original record was later discovered, resulting in an instant resolution of the case and an "apology" by the military hospital.

Hospital Negligence/Viral Encephalitis

Jury verdict in favor of a man who presented on three different occasions to a local hospital with worst case headaches and progressive disorientation. On each occasion the hospital failed to admit him, diagnosing the condition on each occasion as "sinusitis." Had the proper diagnosis of viral encephalitis been considered, proper medications would have spared him permanent brain damage.

Obstetrical Malpractice/Cerebral Palsy

Settlement in favor of a baby against an obstetrician for failing to perform a timely cesarean section, resulting in cerebral palsy.

Improper Hospital Discharge From Hospital /Wrongful Death

Jury verdict in favor of a young man's widow; the decedent developed a heart infection and was improperly discharged from the hospital following surgery.

Failure to Diagnose Breast Cancer

Jury verdict in favor of a young physician who had signs and symptoms of breast cancer, which was not properly diagnosed by her oncologist during breast examinations.

Unsupervised Resident Obstetrician/Medical Malpractice

Settlement on behalf of a baby who suffered permanent brain damage following a traumatic and mismanaged forceps delivery. Evidence showed that the resident obstetrician was not supervised, contrary to hospital protocol.

HMO Failure to Admit Patient to Hospital

Pretrial settlement for a 47-year-old high school guidance counselor who suffered a massive stroke. Evidence showed that she had made many visits to her HMO during the preceding weeks and days with complaints of headache and uncontrolled high blood pressure, yet the HMO did not medicate her nor admit her to the hospital.

Medication Errors

Medication Error Caused Kidney Failure

Twenty two year old female client had been diagnosed with systemic lupus erythmatosis (SLE) and had a long history of deep vein thrombosis (DVT). As she was in need of anticoagulant medication, as usual she presented her prescription for 10 mg of Coumadin to a nationally known pharmaceutical chain. The pharmacy erroneously filled the prescription with 1 mg tablets, unknowingly causing her to be hypercoagulable, propagating her leg thrombus and new DVT's and immediate hospitalization. Upon her release from the hospital, she was instructed to double up on her 10 mg. tablets of coumadin (total of 20 mg) when in fact by doubling her dose she was taking only 2 mg. due to the pharmacy's medication error. As a result of this dispensing medication error, the patient suffered end stage kidney failure with a need for life long dialysis. The case was settled with the pharmacy immediately prior to the beginning of trial.
 

Auto, Bus and Trucking Accidents

Truck Collision/Wrongful Death

Settlement obtained for the wife and child of a man who was instantly killed when an 18 wheeler truck turned over onto to his car on the highway, crushing him. The passengers, his wife and son, survived the ordeal. Evidence showed that the truck was improperly loaded and that the driver of the truck was traveling too fast for existing conditions. The settlement proceeds allow the family to carry on after the loss of their major means of support, while providing for the education of their child.

Dump Truck/State Inspection Station Negligence

A 50,000 lb. dump truck malfunctioned and struck a young physician, who was catastrophically injured. Our persistence led us to uncover evidence that a state inspection certificate was negligently issued without inspecting the defective air brakes of the dump truck. The victim received a structured settlement to cover costs of his lifetime health care needs, and to provide for his family as well.

Bus collision/Police Officer Injury

Successful jury verdict in federal court for a metropolitan police officer. The officer's hip was shattered while riding in a vehicle that was struck head on by a metropolitan transit bus.

Defective Tires/Wrongful Death

Suit was brought against a rental car company that failed to maintain its vehicles properly. A dangerously defective tire on the rental car blew out, killing twin sisters. The case was resolved in favor of the widowers, children and parents of the sisters.

Tow Truck/Auto Collision/ Vision Loss

Pretrial settlement for a 47-year-old high school guidance counselor who suffered a massive stroke. Evidence showed that she had made many visits to her HMO during the preceding weeks and days with complaints of headache and uncontrolled high blood pressure, yet the HMO did not medicate her nor admit her to the hospital.

Highway Construction/Brain Damage

Jury verdict in favor of a seriously injured college student in a case concerning a highway construction contractor. The construction crew blocked the sight-line visibility of motorists at the intersection, causing the foreseeable catastrophic accident.

Traumatic brain injury/Automobile collision

Pre-trial settlement for 39 year old client who suffered diffuse axonal traumatic brain injury as a result of a violent car accident. The money recovered for our client will provide him with the financial ability to pay for on-going medical care and lifelong supervision from a variety of specialties including neurology, neuropsychiatry and rehabilitative service providers. He will also have the ability to pay for necessary primary care, medications, diagnostic studies, assistance with his daily affairs and household maintenance, as well as assistance with his transportation and housing.
 

Hypnosis/Car Accident

Jury verdict in favor of a young woman who was rendered unconscious by an oncoming vehicle which crashed head-on with her car. The other driver was also rendered unconscious. Neither driver could recall the accident (retrograde amnesia) and there were no eyewitnesses. Our client underwent hypnosis to revive her memory and as a result she was able to recall the other car coming into her lane. The hypnosis session was totally videotaped and closely scrutinized by the federal trial judge. The case made national news, demonstrating the power of hypnosis for concentrated attention and forensic use.
 

Chiropractors

Chiropractic Malpractice

Successful resolution of a wrongful death suit brought by the widow of a chiropractic victim. The young man sought treatment for back pain. The chiropractor applied a neck adjustment that caused a dissection of his carotid artery, leading to stroke and death.

Neck manipulations performed by chiropractors can be unnecessarily dangerous. There is little to no scientific benefit that neck adjustments benefit low back pain, diseases of the immune system, or other multiple symptoms for which chiropractors routinely manipulate the neck. The public needs to be informed about the benefits and the risks of chiropractic cervical manipulation procedures.

Scaffolding/Exterior Building Maintenance

Liability of Building Owner to Window Washer

Jury verdict in favor of a window washer who was attempting to step off a high rise building when he fell twelve stories and sustained permanent orthopedic and neurologic injuries. (remarkably, he survived). The evidence showed that while roof anchors on the building were designed for a two point suspended scaffold system, the building owner attempted to save money and utilize a descent control device, otherwise known as a sky genie. The building was designed in a manner that did not allow the window washer to check his safety equipment until after he had descended the building, when it was too late to do so.

Window Washer Fall / Building Owner Liability

Jury verdict in favor of a window washer who was badly injured when the window safety hooks provided by the building owner broke, causing him to plummet six stories and sustain permanent disabling injuries.

Scaffold Failure/Building Owner Liability/Defective Wire Rope Clips

Jury verdict in favor of window washers who fell twelve stories when the wire rope clips failed and caused the suspended scaffold to fail. Evidence showed that the building owner failed to provide a safe place to work and safe access to the scaffold from the rooftop. The evidence also showed that the wire rope clips holding the scaffold failed, and that the manufacturer of the clips (Crosby U-clips) failed to warn that the efficiency of the clips were drastically reduced when put on backwards. Proper warnings are now published by the manufacturer.

Sexual Molestation in Child Care Facility

Sexual Molestation/Negligent Hiring and Screening

A confidential settlement was accomplished in favor of a young girl who was sexually molested in a child care facility. The perpetrator's background was not screened prior to hiring, nor was he supervised on his first day on the job when the crime was committed.

Electrocution - Failure to Provide Safe Workplace

Jury verdict for the widow of a 42 year old truck driver who was delivering precast concrete materials to a jobsite and was electrocuted when the boom came into contact with the high voltage power lines above. The general contractor failed to provide a safe place to work, negligently failing to de-energize the overhead high voltage power lines.

Settlement for parents of 19 year old mason who was laying bricks when a support wire touched a high voltage power line and caused the scaffold upon which he was working to energize, causing his electrocution. The general contractor negligently failed to provide a safe workplace, by failing to de-energize the power lines.

Products Liability

Products Liability/ Design Defect of "Stumpgrinder"

During a trial brought on behalf of a tree cutter who was mauled by a faulty stump grinder, a favorable settlement was obtained. The victim was operating the machine when it malfunctioned and went out of control, jerking back and almost eating him alive. Shocking trial evidence showed that this machine had been the source of many similar incidents, including amputation injuries. In the face of the damaging evidence, the manufacturer callously blamed the workers on each occasion, refusing to redesign or recall the machine. The machine was subsequently taken off the market after this case.

Products Liability/ Design Defect of Forklift

65 year old warehouse employee attempted to fix the chains on the forklift he was operating when they became stuck in the air as he was transporting pallets in the warehouse. When he went to the front of the lift and attempted to fix the problem, the forks came crashing down on him, amputating seven of his fingers. Discovery in the case showed that the manufacturer of the forklift knew that more than a dozen amputation injuries had occurred to workers in the same or similar circumstances and failed to fix the problem or post warnings on the forklift. The case was settled during trial.

Insurance Bad Faith

Insurance Bad Faith

Every insurance company owes an obligation of good faith and fair dealing to its insured. The opposite of good faith is "bad faith." A lawsuit was brought against Nationwide Insurance Company for failing to settle a case within policy limits available to its insured, who was clearly at fault in a motor vehicle collision. The underlying case proceeded against the insured, and a verdict in excess of her policy limits resulted. The insured was then forced to file for bankruptcy and was threatened with the loss of her family home.

Insurance Bad Faith

The insured then retained our firm. We brought suit against Nationwide, charging that the insurance carrier cared more about protecting its own interests than its own insured. Immediately prior to trial, Nationwide paid out exactly one hundred times the amount for which it could have resolved the underlying claim, had it chosen to protect its insured.

The insured then retained our firm. We brought suit against Nationwide, charging that the insurance carrier cared more about protecting its own interests than its own insured. Immediately prior to trial, Nationwide paid out exactly one hundred times the amount for which it could have resolved the underlying claim, had it chosen to protect its insured.

This case points out that insurance companies, by failing to protect their own insureds, are actually forcing lawsuits to be filed. These are the same lawsuits that give rise to verdicts, which the insurance companies then use as a further excuse to raise premiums.

Train / Pedestrian Accident

Train Accident/Amputation Injury

The Abelson Law Firm obtained a jury verdict in federal court for a young boy who was struck by a Conrail train.

Hypnosis

Hypnosis/Car Accident

Jury verdict in favor of a young woman who was rendered unconscious by an oncoming vehicle which crashed head-on with her car. The other driver was also rendered unconscious. Neither driver could recall the accident (retrograde amnesia) and there were no eyewitnesses. Our client underwent hypnosis to revive her memory and as a result she was able to recall the other car coming into her lane. The hypnosis session was totally videotaped and closely scrutinized by the federal trial judge. The case made national news, demonstrating the power of hypnosis for concentrated attention and forensic use.

Ski Resort/Negligent Design of Trail/Wrongful Death

Ski Slope/Wrongful Death

Settlement on behalf of a young man who tragically lost his wife when he watched her fall and then plummet down a steep ravine which contained the snow blowing pipes for the ski trail. The trail had recently been constructed and had just opened that same day. The ravine was located directly below the "fall line" of the trail. The ski resort negligently designed the trail, and failed to provide protection to the skiers.