BRONX TIMES REPORTER, O BTR CTOBER 18-24, 2019 19
S POTL IGHT ON LEGA L
Settle or Try?
Try or Settle? Should Plaintiff Settle
Her Trip And Fall Case When She Has
A Fractured Leg Requiring Surgery?
Our injured client, a 61-year old
female home attendant, tripped
and fell, when an employee at the
St. Barnabas Hospital Occupational
Therapy Department unthinkingly
placed a step stool directly
behind our client’s feet, just
as our client’s back was turned to
help her own patient get ready for
occupational therapy. Our client
took one step back and tumbled
right over the step stool.
Due to the clear severity of our
client’s injuries, she was immediately
taken to St. Barnabas’s Emergency
Room with excruciating pain
in her left leg. In fact, she had suffered
a fracture of the left femur, a
broken thighbone. The thighbone
is one of the strongest bones in the
body, but the fall was so forceful
and broke the bone so badly, the
doctors at St. Barnabas told our client
only surgery could repair it.
The doctors however would
not perform the surgery, because
our client’s leg was severely swollen
around the fracture site. As
a result, her fracture did not heal
properly and she was left with
pronounced shortening of her left
leg. This in turn led to difficulty
walking, standing, working and
performing even the simple usual
and customary daily activities of
living, like shopping and cleaning.
Later, our client was forced to have
a total left knee replacement to alleviate
the leg shortening. Despite
the surgery, our client suffers from
continuing pain, as well as limitation
and restriction of motion in
her leg. She was never able to return
to work as a home health aide
because of the injuries.
We sued St. Barnabas Hospital
on her behalf for damages, including
past and future pain and suffering,
lost earnings, and extensive
medical bills. We argued that
St. Barnabas as a matter of law
was responsible for the acts of its
employee and the employee was
negligent and created a trap when
he placed the step stool directly behind
our client without giving her
any warning or notice whatsoever.
She never had a chance.
Prior to the trial, the lawyers
for the defendant St. Barnabas
Hospital offered plaintiff $50,000
to settle the case. This would never
compensate her for her losses, and
she rejected the offer, deciding instead
to place her trust in us and
the jury system.
Michael Glynn, Esq., of our office,
who has many years extensive
experience trying personal injury
cases, tried the case in the Supreme
Court Bronx County before a judge
and jury. Our client testified. The
testimony of the defendant was
read into evidence. The witnesses
testified. Mr. Glynn also called our
client’s treating doctor, Dr. Louis
Rose, to testify.
Dr. Rose testified that the fractured
femur, the left leg shortening,
and the subsequent total left knee
replacement were all caused by the
trauma suffered by our client as a
result of the accident. Dr. Rose explained
that these injuries were
permanent, that our client would
have significant pain for the rest of
her life, and that she could never return
to work as a home health aide.
The defendant’s medical expert
agreed with Dr. Rose that plaintiff
sustained a fractured femur
that needed surgery to repair. He
agreed with Dr. Rose that the plaintiff
sustained a left leg shortening
because the St. Barnabas doctors
never did the necessary surgery.
However, he disagreed that the total
knee replacement was related to
the accident; he said, the plaintiff
was diagnosed with rheumatoid
arthritis before the accident and
it was this condition that necessitated
the knee replacement. The
jury disagreed with St. Barnabas
and agreed with the plaintiff.
The jury deliberated for over
four hours and found the defendant
St. Barnabas Hospital 100% responsible
for the accident. The jury understood
the extent of plaintiff’s
pain, suffering and limitations and
compensated her with $2.4 million
in damages.
While our client will never be
whole again and will always suffer
from the effects of the fall caused
by St. Barnabas, a Bronx jury vindicated
our client. She made the
right decision going to trial.
The attorney’s at Mirman, Markovits
& Landau, P.C. have been
working on behalf of injured New
Yorkers since 1977, and have represented
more than 20,000 of your fellow
New Yorkers and would be more
than happy to provide you with more
answers if necessary. You can call
to schedule a complimentary consultation
with our attorneys. Call
1-800-HURT-NOW