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Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 1WINGATE, RUSSOTTI, SHAPIROHALPERIN, LLP2013 NEWSLETTERCONSTRUCTION ACCIDENT 7.25 MILLION RECOVERYWingate, Russotti, Shapiro &Halperin partners Phil Russottiand Kenneth J. Halperin obtainedone of the New York Law Journal’sTop Settlements for 2012 when theysettled the case of a union-affiliatedpainter in his forties who was injuredwhile working at a chemical storagefacility in the city of Niagara Falls.While painting a large chemical tank,our client fell as he ascended theattached ladder that provided access to the scaffold’splatform. Because our client had not been provideda harness or any other safety device that could haveprevented his fall, he plummeted twelve feet andsustained brain damage, including memory loss,concentration impairment, speech impairment,anxiety and depression, as well as a torn hip labrum,and a torn rotator cuff.Phil and Ken would have introduced evidence of 2,400,000 in loss of earnings. Their meticulouspreparation and relentless efforts resulted in the casebeing settled during the pendency of the defendants’motion for summary judgment, for 7,250,000. Ourfirm tries cases all over New York State and had thecase not settled, Phil would have tried the case inFederal Court in Buffalo, NY.This dedication to advocating on behalf of our clientresulted in an impressive settlement and is what setsWRSH apart from other firms.WWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 2ANNOUNCEMENTSTHOMAS M. OLIVA NAMED PARTNERWingate, Russotti, Shapiro & Halperin is pleased to announce that as a result of hisimmense contribution to the firm’s success over the last five years, Thomas M. Oliva hasbeen made a partner.Tom is a member of the New York State Bar Association, Hispanic National BarAssociation, Puerto Rican Lawyers Association, Queens County Bar Association and theLatino Lawyers Association of Queens County. He was recently named “Latino Lawyer ofthe Year” by the Latino Lawyers Association of Queens County and was selected for inclusion in the 2012edition of The Latino American Who’s Who.Tom graduated from Hofstra Law School, where he was a founder of the Latino Law Student Associationand served as Treasurer for the Black American Law Students Association in his second year. Upon graduationhe went to work for the Bronx County District Attorney’s Office spending the majority of his tenure therein the Sex Crimes / Domestic Violence Bureau. It was there that Tom developed a particular compassion fordealing with the difficulties encountered by victims and their families.Prior to joining WRSH, Tom practiced in the field of medical malpractice defending doctors and hospitalsas a partner at a prominent New York defense firm for fifteen years.SIX SUPER LAWYERS SELECTEDWingate, Russotti, Shapiro & Halperin is proud to announce that in 2012,six of our attorneys were named Super Lawyers. Phil Russotti, CliffordShapiro, Kenneth Halperin, William Hepner, Jason Rubin and RobertBellinson were all recognized as Super Lawyers.This honor is the product of the investigative procedures by the publisher of Law and Politics, whichexamines the attorney’s standing within the community in which the attorney practices, professionalachievements, verdicts and settlements, honors and awards, special licenses and certificates and scholarlylectures and writings, as well as any other outstanding achievements. Bar associations and courts throughoutthe country recognize the legitimacy of the Super Lawyer selection process.Wingate, Russotti, Shapiro & Halperin is proud to have six attorneys recognized by their peers for their skillin the field and commitment to their clients.ATTORNEY ANNIVERSARIESWe recently celebrated WRSH attorney Paula Greco’s 25th anniversarywith the firm and Kathy Kettle’s 20th anniversary at a firm dinner party.Our firm’s success is due in large measure to the contributions of thesetwo outstanding attorneys.WWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 3SETTLEMENTS & VERDICTSMEDICAL MALPRACTICECONFIDENTIAL RECOVERY AGAINSTA NEW YORK HOSPITALThis medical malpractice actioninvolved a 41 year old woman,who died while undergoing alaparoscopic procedure to harvesta kidney to donate to her brother.After perforating the aorta duringthe insertion of a laparoscopic cannula, thedefendant surgeon continued the surgery despitethe inability to control hemodynamic status. Thedefendant surgeon realized that the perforationhad occurred and converted to an open procedure,but negligently failed to control the bleeding,which led to the decedent’s death. As a result, thekidney could not be harvested.The plaintiffs would have contended that ifmanaged properly after converting to an openprocedure, the defendant surgeon would have beenable to control the bleeding and avoid death. Thedefendants would have contended that theperforation of the aorta is a known risk of theprocedure that in this case occurred in the absenceof negligence.The decedent was working as a bookkeeper in afamily business and was earning approximately 27,000 per year. She left behind three youngchildren, ages three, eight and eleven. Phil wouldhave contended that the loss of parental nurtureand guidance was especially great in the case of theeight year old, as she was a special needs child withcognitive impairments.Wingate, Russotti, Shapiro & Halperin partnerPhil Russotti settled the case for a confidential butsignificant sum prior to the service of a summonsand complaint. The claim was settled under aprogram sponsored by the federal Agency forHealthcare Research and Quality, under theauspices of the Honorable Douglas E. McKeon,Chief Administrative Judge of the Bronx. This wasdeemed especially helpful as it enabled the partiesinvolved to put the matter behind them as quicklyas possible.MOTOR VEHICLE ACCIDENT 4.9 MILLION RECOVERYOur client, a man in his thirties,was standing next to the rear of atruck while working as an assistantmover, when the defendant driverstruck a middle car in the rear andpropelled it into our client. Ourclient sustained a fractured tibia and a severedegloving injury to the calf muscle that causedprofuse bleeding at the scene, and whichnecessitated multiple surgical interventionsincluding fourteen debridements, a muscle flapprocedure, two skin grafts and an ankle fusion. Ourclient now walks with a severe limp and requiresthe use of a cane, as well as significant amounts ofpain medication.Wingate, Russotti, Shapiro & Halperin partnerPhil Russotti settled the case prior to trial for 4,900,000.The decedent’s brother, who was to be therecipient of the kidney, was also a plaintiff, andcontended that a legal duty was owed to him,despite the fact that he had not yet been operatedupon when his sister died. His claim involvedsevere emotional distress as a result of losing hissister and not obtaining the kidney. The decedent’sbrother remains on the transplant list.WWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 4SETTLEMENTS & VERDICTSCONSTRUCTION ACCIDENT 2.2 MILLION & 1.1 MILLION RECOVERYWingate, Russotti, Shapiro &Halperin partner Kenneth J.Halperin obtained a settlement atmediation for two plaintiffs in theamounts of 2,200,000 and 1,100,000,respectively, for a 46 year old man and32 year old man, both of whom wereinjured in an accident on a constructionsite.The accident in question occurredduring the construction of the BryantPark Tower located at One Bryant ParkPlace, New York, NY. The two plaintiffs were marblesetters working in the building lobby setting marbleinside a new subway entrance. Suddenly a crane whichwas operating on the 60th floor of the new towerknocked a 100 pound construction bucket off thebuilding. The bucket smashed into scaffolding that wasset up at ground level, which sent debris flying. Theplaintiffs who were working nearby were hit by debrisand thrown down a flight of stairs.We proceeded with a case pursuant to Labor Law§200(1) and §240(1). While our motion for summaryjudgment was pending the defendants agreed toconcede liability. The defendants were forced toconcede liability due in great measure to the evidencebrought out during the deposition questioning byWRSH attorney Mitch Kahn. Mitch was able tobring to light the multiple departures committed bythe defendants in their failure to protect the workerson the job site.As a result of the accident, one of our clients sustained aherniated cervical disc that required a one level cervicalspine fusion and revision fusion approximately ninemonths later. He was unable to return to constructionwork. Our other client sustained a bulging lumbar discthat required a micro discectomy. He also sustained atorn ligament in his ankle that required an arthroscopicprocedure. As a result of favoring his leg after thesurgery he developed a mild stress fracture in his hip.The defendants’ medical experts contended that bothplaintiffs’ operations were not related to the accident andthat their injuries were preexisting.MEDICAL MALPRACTICEWRONGFUL DEATH 2.7 MILLION SETTLEMENTWingate, Russotti, Shapiro &Halperin partner Jason Rubinobtained a 2,700,000 settlement in acase involving the death of a 43 yearold mother of four as a result of adoctor’s failure to diagnose and treatthrombotic thrombocytopenic purpura (TTP), a rareblood disorder which causes clots to form in the smallblood vessels throughout the body.Decedent presented to the hospital in December2007 with weakness, bleeding gums, headaches,dizziness and shortness of breath. Significantly, shehad been diagnosed with TTP two years earlier at thesame hospital and had been successfully treated withplasmapheresis (a blood purification procedure).Upon presentation to the hospital in 2007, ahematology consult was requested. The hematologistmade a diagnosis of Evans Syndrome, a rareautoimmune disorder in which the body makesantibodies which destroy red blood cells and platelets,and recommended treatment with corticosteroids,intravenous immune globulin and platelets. Shortlyafter being administered platelets, the decedent codedand died. An autopsy was performed whichdetermined the cause of death to be cardiaccomplications of TTP (occlusive blood clots of themyocardial arterioles).Jason claimed that the medical evidence stronglypointed to the diagnosis of TTP, and that thehematologist negligently diagnosed and treateddecedent for Evans Syndrome. Specifically, decedenthad a history of TTP two years earlier and wastherefore prone to relapse. Her peripheral bloodsmear showed schistocytes (fragmented red bloodWWW.WRSLAW.COM 212.986.7353 [email protected] 2stohatoshthwastoBrOHraimclilulimTWca

edchachelyheedntasododUpdt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 5SETTLEMENTS & VERDICTScells) in the bloodstream, a finding consistent withTTP, and the Coombs test was negative, a findingconsistent with TTP and inconsistent with EvansSyndrome. Jason contended that administration ofplatelets, which promoted the formation of bloodclots, as well as the failure to administerplasmapheresis, caused decedent’s death.questioning at depositions, Mitch was able toestablish multiple lapses in the chain of command,which should have been in place to protect theworkers on the job site. Tom subsequently settled thecase for 2,000,000.PREMISES LIABILITYMILD TRAUMATIC BRAIN INJURY 1.7 MILLION VERDICTCONSTRUCTION ACCIDENT 2 MILLION SETTLEMENTWingate, Russotti, Shapiro &Halperin partner Tom Oliva settledthe case of a 32 year old undocumentedconstruction worker who was injuredon a job site in Brooklyn for 2,000,000, during jury selection inKings County Supreme Court.Our client was an iron worker whowas retrieving equipment from thework site. The equipment, a liftdesigned to hoist steel beams on thejobsite, had to be brought down fivestories to the main floor. The stairway on the job sitehad no handrails or safety rails, so our client decidedto lower the equipment down an unprotectedshaftway with a helper. Unfortunately the weight ofthe equipment was too much to handle and our clientwas pulled head first into the shaftway, falling fivestories. He was immediately taken by ambulance to aBrooklyn hospital.Wingate, Russotti, Shapiro &Halperin attorney Robert J.Bellinson obtained a 1,700,000verdict in New York Supreme Courton behalf of our client who sustaineda closed head injury.Our client, a 62 year old professionalguitarist, was injured while visiting aveterinarian’s office in March 2009.During an appointment to get his newpuppy examined, a metal ventilationgrate fell from the ceiling and struckhim in the head. Although there was no bleeding orloss of consciousness, in the days and weeks followingthe accident our client began to experience headaches,dizziness and various cognitive problems. Despitebeing treated by several doctors over the ensuingyears, our client never recovered from his headtrauma. Despite his prior law firm not wanting toproceed with his case, WRSH thought that our clientwas believable and indeed suffering from mildTraumatic Brain Injury. We matched ourcommitment to our client with the resourcesnecessary to achieve victory in court.Our client injured his back, knees, face and left arm.His left arm suffered a compound fracture of both theradius and ulna, requiring an open procedure toimplant hardware to fix the fracture. Eventually, ourclient underwent arthroscopies of both knees and alumbar fusion. The owner and employer both hadlimited insurance coverage for the job site.During the discovery phase WRSH attorney PaulaM. Greco produced the plaintiff for his depositionand also conducted one of the defendant’sdepositions.This settlement was due in large part to the talents ofWRSH attorney Mitch Kahn, who worked up thecase during the discovery phase. Through intenseIn a trial that lasted about four weeks and had sixteenwitnesses including experts in Bio-Mechanics,Cognitive Neurology and headache disorders, RobWWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 6SETTLEMENTS & VERDICTSwas able to show the jury that mild TBI is indeed areal injury, rarely diagnosed by MRIs or x-rays. Robcalled as witnesses the client’s wife and twoprofessional guitarists who trained with our client andcould tell the jury about the changes before and afterthe accident, thereby demonstrating to the jury thatour client was suffering from real cognitive deficits asa result of the accident.The defendants tried to argue that the accident couldnot have caused these cognitive deficits, andcontended that even if our client was suffering fromcognitive problems, they were most likely as a resultof the aging process. By precisely focusing on theactual results of our client’s neuro-psychologicaltesting, specifically the limited areas of cognition,memory and visio-spatial issues, Rob was able toprove to the jury that our client’s complaints weretextbook mild TBI symptoms, and that while mostpatients recover, a small minority of patients neverrecover. The jury agreed that our client’s injuries werereal, serious and permanent, and the case resulted ina 1,700,000 verdict for our client.prevent the pipe from falling after he made the cuts.Additionally, they failed to provide a co-worker tohold the ladder or other safety devices to ensure thatthe ladder remained erect while our client was on it.As a result of the accident, our client sustained afractured wrist that required surgery, a herniated discin his lower back that required surgery and a tornligament in his knee which also required surgery.M 1PREMISES LIABILITY 1.5 MILLION SETTLEMENTWingate, Russotti, Shapiro &Halperin partner Kenneth J.Halperin obtained a 1,500,000settlement for a 39 year old man whowas injured while visiting thedefendants’ premises. Plaintiff wasstanding outside the property andleaned back on a pole fence that wasbehind him. When he leaned on it,the top rail of the fence came loosecausing him to fall backwards over theledge and onto the groundapproximately six feet below.CONSTRUCTION ACCIDENT 1.6 MILLION SETTLEMENTWingate, Russotti, Shapiro &Halperin partner Kenneth J.Halperin obtained a 1,600,000settlement for our client, a 55 year oldconstruction worker who fellapproximately six feet from a ladderwhile he was cutting a pipe in theceiling above him. While our clientwas cutting the pipe, the pipe fell andstruck the ladder, causing the ladderto collapse. WRSH attorney MitchKahn established during depositionquestioning that the generalcontractor failed to follow proper safety standards,which included providing the plaintiff with clamps toDpldeanprouDuring the course of discovery we deposed fouremployees of the defendants and discovered that oneof them knew that the top rail of the fence was looseand tried to fix it by simply tying a wire hangeraround the pole. They failed to perform a properrepair. After the accident the defendants had the fenceproperly repaired by an outside contractor. We wereable to obtain summary judgment on the issue ofliability.As a result of the accident, our client sustained a mildtraumatic brain injury, a torn rotator cuff, whichrequired arthroscopic surgery and a fractured wristthat required an open reduction and internal fixation.WWW.WRSLAW.COM 212.986.7353 osig

reofldchistn.Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 7SETTLEMENTS & VERDICTSDue in part to the extensive preparation of theplaintiff during both his deposition and his furtherdeposition by WRSH attorney Paula M. Greco,and her representation of the plaintiff during bothproceedings, Ken was able to obtain a settlement forour client in the amount of 1,500,000.and language skills and sensory motor tasks secondaryto whiplash injury and brain concussion.The matter was litigated by WRSH associateMichael Fitzpatrick and settled by WRSH partnerClifford Shapiro before trial for 1,500,000.WRONGFUL DEATH 1.45 MILLION RECOVERYMOTOR VEHICLE ACCIDENT 1.5 MILLION SETTLEMENTThis motor vehicle accident involveda 43 year old woman who was rearended by a New York CityDepartment of Sanitation truck. Wemoved for summary judgment onliability, which was granted.Our client was examined and treatedby numerous physicians, including apainmanagementspecialist,orthopedic surgeons, spinal surgeonsand traumatic brain injury specialists.She was also evaluated by aneconomist and a vocational rehabilitation expert. Ourclient suffered both past and future lost earnings,physical and psychiatric impairments, as well as theneed for vocational rehabilitation. Her injuriesincluded a confirmed severe depression and anxietysymptoms of post-traumatic stress disorder, multipledisc herniations in her neck from C1-C6 requiringepidural injections and numerous trigger pointinjections of cortisone. She was required to undergoan operation which consisted of an anterior cervicaldecompression with partial corpectomy C5-6,decompression of the spinal cord, bilateralforaminotomy C5-6 and anterior cervical fusion C56 using Danek cornerstone allograft and finally atitanium plate fixation. Our client also suffered fromchronic pain syndrome as well as a confirmedtraumatic brain injury with associated impairedworking memory, impaired long term recall,significant impairments in attention, memory, verbalWingate, Russotti, Shapiro &Halperin partner Tom Oliva settledan extremely complicated case ofliability during trial in the amount of 1,450,000. The case was against aLong Island trucking company and ahospital and surgeon for the pain, suffering and deathof our client, a 48 year old father. The case startedwhen our client was rear-ended by the defendanttrucking company’s motor vehicle while stopped at ared light. Although both cars suffered damage, bothwere able to drive away. Later that day, our clientwent to a small storefront medical office, was givenpain medication and was sent home. Our client wentto a chiropractor for the next eleven months, andcontinued to see several doctors for neck, back andknee pain. Eventually our client underwent kneesurgery for a torn medial meniscus. As a result ofunrelenting neck pain, he eventually consented tocervical disc surgery to treat herniated discs in hisneck.Unfortunately, after surgery, our client developed anexpanding hematoma in his neck, a complication ofthe surgery. The surgeon and hospital failed to timelyintubate him and he quickly went into cardiac arrest.He died shortly thereafter, never regainingconsciousness. Our client was making 26,000 peryear working in an auto glass shop, and left behind awife and a 14 year old daughter from a previousmarriage.WWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 8SETTLEMENTS & VERDICTSMOTOR VEHICLE ACCIDENT 1.1 MILLION RECOVERYMOTOR VEHICLE ACCIDENT 925,000 SETTLEMENTOur client was the driver of themiddle vehicle in a three car chainaccident in which he was hit in therear by a commercial truck. The frontvehicle occupants claimed our clienthit them first. As soon as the casearrived at our office Wingate,Russotti, Shapiro & Halperinpartner Bill Hepner added parties tothe action, so the case could beremanded from Federal Court, backto state court. The referring attorneyhad overlooked a key party, whichallowed the defendants to remove the action fromstate court where it was initially filed, to FederalCourt.Wingate, Russotti, Shapiro &Halperin associate Joseph Stodutoobtained a settlement in the amountof 925,000 on behalf of our client, a35 year old man from Kings County.Our client was driving his vehiclealong a local roadway in Brooklyn when a commercialvehicle suddenly pulled out of a parking space into thelanes designated for moving traffic causing a seriouscollision.Federal Court is a notoriously bad forum as thejudges have a lot of control over jury selection. Byanalyzing the case and coming up with a strategy tocorrect the error of our client’s previous law firm, Billwas able to add a few hundred thousand dollars ofvalue to the case. Had this case been tried in court, ajury may have disliked the fact that our client, whowas only 30 at the time of the accident, had spentapproximately ten years in jail.Our client sustained neck and back injuries for whichhe had fusion surgery with hardware. Though thiscase failed to settle at mediation, the mediation laidthe groundwork for continued settlement talks.Due in part to the preparation of the plaintiff duringhis deposition by WRSH attorney Paula M. Greco,and her representation of the plaintiff during thatproceeding, Bill was able to convince the defendantsthat despite our client’s convictions and theparticularly unseemly underlying facts of thosecrimes, he would be able to convince a jury to awardour client a substantial verdict. This wasaccomplished due to the reputation of both our firmand our attorneys among our peers. Bill settled thecase for 1,100,000.nosteonHthatquth 9M 8As a result of the accident, our client suffered injuriesto his shoulder, neck and back, which requiredsurgery. Shortly prior to the trial of this matter,Joseph was able to settle the case for the amount of 925,000.CONSTRUCTION ACCIDENT 900,000 RECOVERYWingate, Russotti, Shapiro &Halperin partner Bill Hepnerobtained a settlement of 900,000 forour client, a 52 year old warehouseworker who was hit by a carelessforklift driver who was unloading atruck and stacking merchandise.Our client was standing on a smallplatform on which his work table wasmounted and was about to step off,when the defendant came quicklyaround a turn in the crowdedwarehouse loading dock and knocked him to theground. To add insult to injury, the defendant forkliftdriver then ran over our client’s foot. Our clientsustained a questionable fracture of his foot, and hadsome back pain, which over the following months andyears developed into a painful condition ultimatelyrequiring him to undergo lumbar spine fusionsurgery. He attempted to go back to work but couldWWW.WRSLAW.COM 212.986.7353 cosewhm

heiftntadndlyonldUpdt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 9SETTLEMENTS & VERDICTSnot continue. The defendant claimed that our clientstepped off of the platform into the path of theoncoming forklift.However, due in part to the extensive preparation ofthe plaintiff at several of his depositions by WRSHattorney Paula M. Greco, as well as her rigorousquestioning of all defendants, Bill was able to settlethe case at a private mediation in the amount of 900,000.MEDICAL MALPRACTICE 875,000 RECOVERYDuring a three week trial, Wingate,Russotti, Shapiro & Halperinpartner Jason Rubin settled amedical malpractice case involvingthe failure to diagnose ulcerativecolitis, resulting in toxic megacolon,bowel perforation and the need for colectomy withileostomy.Our client, a 46 year old woman who had recentlybeen diagnosed with hyperthyroidism, presented tothe emergency room of defendant hospital withcomplaints of nausea, vomiting, severe diarrhea,tachycardia, tachypnea and shortness of breath. Shewas diagnosed with severe hyperthyroidism, wasadmitted to the hospital and was started on a courseof medications. Her hyperthyroidism improvedsignificantly, but she still had persistent, severediarrhea. A gastroenterology consult was requestedand performed, and it was the opinion of thegastroenterologists that the diarrhea was secondary tohyperthyroidism and may take longer to resolve. Itwas decided that if the diarrhea persisted, acolonoscopy would be performed.Our client continued to have significant diarrhea andcomplained of bright red blood per rectum. She wasseen by a covering gastroenterologist two days later,who performed an abdominal examination revealingmild diffuse abdominal tenderness. A study indicatedthat there were many white blood cells in the stool.Despite these findings, no further workup wasperformed and, in fact, our client was not seen by agastroenterologist the following two days eventhough she continued to have profuse diarrhea. Ourclient’s severe abdominal pain continued. A physicalexamination revealed rebound tenderness andguarding. A CT scan was performed which revealedtoxic megacolon and perforation. She then underwentan emergency colectomy with ileostomy. Examinationof the surgical specimens by a pathologist revealedthat she had severe ulcerative colitis throughout theentire colon. She had a stormy post-operative course,developing sepsis and acute respiratory distresssyndrome as a result of the perforation of the boweland severe muscle weakness requiring months ofphysical therapy.At trial, Jason claimed that the gastroenterologists atdefendant hospital were negligent for not performinga sigmoidoscopy or colonoscopy, as our client hadexhibited several signs and symptoms of bowelinflammation. Additionally, Jason claimed that thegastroenterologists failed to follow their own plan toperform a colonoscopy if the diarrhea persisted,which it did despite the resolution ofhyperthyroidism. He argued that an endoscopicexamination of the colon would have led to adiagnosis of ulcerative colitis prior to the perforationof the colon. Had the diagnosis been made earlier, ourclient could have been treated with corticosteroids intherapeutic dosages, preventing the need for acolectomy.MOTOR VEHICLE ACCIDENT 875,000 RECOVERYOur client, a 22 year old woman, wasstopped at a traffic light when hervehicle was rear-ended by a schoolbus. As a result of the collision, hervehicle was propelled into the vehiclein front of hers, and she sustainedWWW.WRSLAW.COM 212.986.7353 [email protected]

Updt Sp13 44fx.q8 WRSH UPDATE Newsletter 7/3/13 1:40 PM Page 10SETTLEMENTS & VERDICTSserious injuries to her neck and back whichultimately required surgical intervention. Thedefendants contended that our client caused theaccident because she stopped short, and that thetraffic light was green at the time of the impact.Furthermore, they contended that our client’sinjuries were not caused by the accident.Wingate, Russotti, Shapiro & Halperinassociate Adam J. Roth was able to win summaryjudgment on the issue of liability. Furthermore,due to the damage to our client’s vehicle, Adam wasable to convince the defendants that our client’sinjuries were, in fact, caused by the accident.Despite the fact that the case would not have beentried for at least two years, the case settled at acourt ordered mediation for 875,000.CONSTRUCTION ACCIDENT 537,500 SETTLEMENTWingate, Russotti, Shapiro &Halperin partner Kenneth J.Halperin obtained a 537,500settlement for a constructionworker who fell nine feet whileholding onto a scaffold railing thatcollapsed. The accident occurredwhen our client was instructed togo onto a scaffold and unclasp ametal beam from a crane.However, our client was unable todo so from the scaffold. He had toleave the scaffold and step onto an adjacent pipe inorder to reach the metal beam. While he did thathe was holding onto the side rail of the scaffold. Ashe reached for the beam the rail broke and he fell.WRSH attorney Mitch Kahn was able tohighlight at one of the defendant’s depositions thatsafety equipment was not provided to our client,making it impossible for him to accomplish thetask in a safe manner.The defendants attempted to blame the plaintifffor failing to do the job in a safer manner byrequesting a man lift or a ladder, and contendedthat he should never have left the safety of thescaffold. Ken contended, however, that our clientfaced the same problem that all constructionworkers face while on the job – that they do whatthey are told to do, with the equipment the

Wingate, Russotti, Shapiro & Halperin partner Phil Russottisettled the case for a confidential but significant sum prior to the service of a summons and complaint. The claim was settled under a program sponsored by the federal Agency for Healthcare Research and Qualit