Ressler & ResslerA Premier Civil Litigation Firm

Verdicts & Settlements

$ 15,000,000

Obstetrical Medical Malpractice

Child suffered brain damage as a result of "high-forceps" delivery during birth.

$ 7,000,000

Child Suffers Fractured Skull At Birth

An infant born in a high-risk pregnancy was delivered with forceps instead of by caesarian section.

$ 6,500,000

Failure To Diagnose Bowel Perforation

A 46 year old woman underwent surgery for an ovarian cyst and during the procedure her bowel was perforated.

$ 6,500,000

Unlawful Shooting by Security Guard

Student rendered legally blind when shot by security guard who had past felony record and security failed to do background check.

$ 6,000,000

Fall From Ladder

The firm represented a 38 year old insulator apprentice who fell from a ladder while working on the construction of an office tower in Manhattan, suffering serious head injuries.

$ 5,000,000

Passenger on Ferry

Passenger crushed to death in the Staten Island Ferry disaster crash.


Class Actions and Mass Torts

Settlement Reached in Consumer Fraud Class Action

The Firm filed a class action against NVE Bank on behalf of its Certificate of Deposit holders, under the New Jersey Consumer Fraud Act, alleging that the bank had engaged in a deceptive interest rate scheme with respect to the issuance and renewal of CDs. Members of the Class were led to believe they were receiving market rates of interest on their CDs when in fact, they were not. The Bank had instituted an undisclosed, two-tier system under which it paid competitive market interest rates on most of its CDs, and then targeted selected CDs for adverse treatment, paying well below competitive market interest rates and/or advertised rates on the targeted accounts. This is the first time the New Jersey courts applied the New Jersey Consumer Fraud Act to a deceptive banking practice of this kind involving CD interest rates.
Settlement: $ 2,800,000

Settlement Reached In Class Action Against The Esmor Corporation

The Firm filed a class action, known as the Brown Class Action, on behalf of certain undocumented aliens seeking political asylum in the United States. These people were incarcerated by the INS, over a ten-month period, at a private detention facility operated by the Esmor Corporation in Elizabeth, New Jersey. Many of the detainees were harassed, assaulted, and subjected to other abusive practices and conditions at the detention facility. A settlement was reached, pursuant to which Esmor paid $2.5 million into a Settlement Fund for distribution to 68 qualified members of the Brown Class.
Settlement: $ 2,500,000

Construction Accidents

Fall From Ladder

The Firm represented a 38 year old insulator apprentice who fell from a ladder while working on the construction tower in Manhattan, suffering serious head injuries.  After obtaining summary judgement pursuant to Labor Law 240(1), the case settled at mediaton for $6,000,000, plus waiver of worker's compensation lien of approximately $1,000,000.  
Settlement: $ 6,000,000

Iron Worker Falls From Skyscraper

A 32 year old ironworker was killed when he fell from a skyscraper being erected in New York City. He was earning approximately $70,000/year and left behind a 31 year old wife and an infant daughter. The case settled at trial for $3,000,000.
Settlement: $ 3,000,000

Pedestrian Struck By A Van Near Construction Site

The Firm brought a wrongful death action on behalf of a medical researcher from China, who was struck by a van as she crossed the street near a construction project. The Firm presented proof that the construction work in the roadway obstructed the flow of traffic and thereby contributed to the happening of the accident. She left a husband and newborn son. The van's owner had only $50,000 of insurance, all of which was contributed, and the construction contractor contributed another $2.2 million to the total settlement of $2.25 million.
Settlement: $ 2,250,000

Steelworker Injured By Steel Beams

The plaintiff and co-workers were unloading steel beams from a delivery truck when one of the beams fell off the truck and injured the plaintiff. He sustained multiple fractures to his left leg, face and back and was unable to return to work. The Firm filed a lawsuit against the owner and operator of the delivery truck, as well as the company where the truck had made the prior delivery, based upon the negligent manner in which the steel had been stacked on the truck while there. This case settled at mediation for $1.4 million.
Settlement: $ 1,400,000

Construction Worker Fell From Ladder

A construction worker fell while descending a ladder, suffering a spinal fracture at T-12 which required a laminectomy. This case settled at trial for $1.225 million.
Settlement: $ 1,225,000

Laborer in Warehouse Rendered Paraplegic

A warehouse laborer was permanently injured when rice bags he was stacking fell on him. The Firm sued the owner of the building, and presented evidence at trial that the floor where the accident occurred was structurally defective. The owner impleaded his tenant, who was the net lessee of the premises, and the plaintiff's employer. The owner was uninsured and, although we could not sue the employer directly because of the Workers Compensation Law, we were able to secure a settlement during trial, from the employer, for $1.2 million.
Settlement: $ 1,200,000

Painter Fell From Scaffold

Plaintiff was working on a scaffold attached to the front of a Buddhist Temple, which partially collapsed, causing him to fall to the sidewalk below. He sustained multiple fractures. The temple had a $1 million insurance policy and the plaintiff recovered that in settlement of his case.
Settlement: $ 1,000,000

Bank Messenger Struck By Hose From Construction Site

Plaintiff was standing in a roadway next to a construction site preparing to make a delivery. A hose ran from the construction site across the road to a water hydrant, when a NYC Sanitation sweeper truck came down the road, caught the hose and pulled it from its coupling on the water hydrant. The loose hose, under pressure from the water, struck the messenger, knocked him down, causing him to suffer serious closed head injuries. This case settled against the NYC Sanitation Department and the construction company for $1 million.
Settlement: $ 1,000,000

Fall In Elevator Shaft

A 57 year old janitor working in a Manhattan office building opened an elevator shaft door, bypassing the safety interlocks and then walked into the unlit shaft. The elevator car he had brought to that floor had been moved, causing him to fall down the open shaft where he sustained fatal injuries. He was survived by two infant children. This case settled for $1 million.
Settlement: $ 1,000,000

FELA Railroad Cases

FELA Case Against the Port Authority

The Firm brought an action under FELA, on behalf of a trackman working for Port Authority of NY & NJ (PATH). Plaintiff was injured while installing rails in a tunnel when he fell on a greasy condition at the work site, suffering a disc herniation that required a laminectomy. This case settled for $1,000,000.
Settlement: $ 1,000,000

Legal Malpractice

     

Real Estate Developer's Claim Against Law Firm For Reduced Property Value

The Firm was retained by a large real estate development company to bring an action against the developer's former law firm for failing to provide appropriate legal advice concerning a major a real estate transaction.  The former law firm had rendered advice in connection with bringing the developer’s residential real estate out of the Mitchell-Lama rent regulation program, to sell at fair market value.  As a result of the defendant law firm’s failure to provide appropriate legal advice, withdrawal from the Mitchell-Lama program was hampered, and the property had to be sold at a reduced price, resulting in a reduction of profit to the real estate development company.  The case was settled after mediation.  
Settlement: $ 2,750,000

 

Construction Accident Claim Lost Due to Lawyer's Failure To Comply With Discovery

A construction worker hired attorneys to represent him to recover damages for injuries sustained in an accident on the job. The attorneys failed, repeatedly, to comply with court ordered discovery and, as a result, the case was dismissed. The Firm was retained and brought a legal malpractice action against these attorneys for damages sustained in the underlying accident, including spinal inuries, which required a spinal fusion. This case settled before trial for $1.8 million.
Settlement: $ 1,800,000

Vaccine Claim Lost Due to Lawyer's Delay

A child suffered a serious neurological reaction to a DPT vaccine and his family consulted an attorney for a possible medical malpractice case. The attorney rejected the medical malpractice case but delayed the filing of an appropriate claim under The National Vaccine Program, or referring it to other counsel, until the law governing the program changed, causing the child to ultimately lose his claim. The Firm sued the original attorney consulted for delay in the filing of the vaccine claim, and the case settled in mediation for $1.25 million.
Settlement: $ 1,250,000

Medical Malpractice

Obstetrical Medical Malpractice

Child suffered brain damage as a result of "high-forceps" delivery during birth.
Settlement: $ 15,000,000

Child Suffers Fractured Skull At Birth

An infant born in a high-risk pregnancy was delivered with forceps instead of by caesarian section. As a result, the new born suffered a fractured skull that resulted in severe and permanent neurological damage. This case settled at a private mediation shortly before trial for $7 million.
Settlement: $ 7,000,000

Failure To Diagnose Bowel Perforation

A 46 year old woman underwent surgery for an ovarian cyst and during the procedure her bowel was perforated. The hospital failed to diagnose the perforation for more than four days, by which time she developed an infection that resulted in her paralysis. The case settled before trial for $6.5 million.
Settlement: $ 6,500,000

Failure To Treat Infant's Infection

A newborn was not provided with appropriate antibiotic therapy prenatally, or at birth, which caused him to develop serious infection at 10 days of age. When this was finally recognized by the first hospital that treated him, the infant was transferred to a second hospital. The second hospital successfully treated the infection, but the infant was left with devastating effects of infection that resulted in severe neurological deficit and the loss of both legs. The case settled against the first hospital, and the doctors treating him there, for $3.45 million.
Settlement: $ 3,450,000

Failure To Properly Monitor Cardiac Patient

A 49 year old Russian immigrant was admitted to a hospital and placed on a heart monitor. He then suffered cardiac arrest which left him brain damaged. The case settled against the hospital and attending physicians for $2.5 million.
Settlement: $ 2,500,000

Failure To Diagnose Colon Cancer

A 68 year old retiree went to the hospital presenting with a cancerous tumor of his appendix. In the hospital he received the wrong surgery, removing too little of his intestines, and post operatively no appropriate follow-up care. As a result, the cancer spread and he died less than one year after its recurrence. This case settled for $2 million.
Settlement: $ 2,000,000

Patient Died From Improper Intubation During Surgery

The Firm represented the family of a 36 year old woman who had suffered for many years with advanced rheumatoid arthritis.  She became pregnant and immediately after giving birth via c-section went into cardiac arrest because of improper intubation.  She lapsed into a coma and died thereafter, leaving the child to whom she had just given birth.  The case resolved at a pre-trial conference for $2,000,000.
Settlement: $ 2,000,000

Plastic Surgery

Patient died undergoing a "face lift" cosmetic surgery. Malpractice Action settled.
Settlement: $ 2,000,000

Failure To Diagnose Infant at Birth

A child was born in a hospital which failed to diagnose his congenital toxoplasmosis, despite one week in the neonatal intensive care unit where several abnormal test results were obtained. As a result, the child subsequently developed visual impairment, motor dysfunction and brain damage. The case settled at trial for $1.95 million.
Settlement: $ 1,950,000

Improper Caesarian Section

A medical malpractice action in New Jersey in which a pregnant woman lapsed into a coma during childbirth when her obstetrician could not locate the source of her internal bleeding. The matter settled for $1.760 million.
Settlement: $ 1,760,000

Misdiagnosis Of Breast Cancer

Due to a 13 month delay in diagnosis, plaintiff's breast cancer spread to her lymph nodes, causing her to undergo additional surgery and chemotherapy, and reducing the probability of her 10 year survival from more than 90 percent to less than 50 percent. The jury returned a verdict of $6 million which, pursuant to New Jersey law, was reduced to $3 million on the basis of an apportionment between the plaintiff's pre-existing cancer and the damage done by the defendant's medical malpractice. With pre-judgment interest, the judgment entered was approximately $3.5 million. Thereafter, the case was settled for $1.7 million of a $2 million insurance policy. Our research indicates that this was the highest verdict in the State of New Jersey for a failure to diagnose a Stage-1 breast cancer case.
Settlement: $ 1,700,000

Failure to Properly Treat Asthma Attack Victim

A 32 year old disabled woman, married, with one child, was admitted to the Emergency Room due to an asthma attack. The technician set the ventilator improperly, causing the women's death.
Settlement: $ 1,600,000

Child Suffers Erbs Palsey At Birth

A child suffered nerve damage to his right shoulder and arm due to a traumatic delivery. As a result, the child suffers significant loss of function of his right arm.
Settlement: $ 1,500,000

Patient Lapses Into Coma And Then Dies After Childbirth

A 30 year old disabled woman died shortly after child birth due to improper administration of anesthesia. She left two infant children.
Settlement: $ 1,500,000

Excessive Medication During Hospital Care

A 67 year old man assaulted in a restaurant, then went to a hospital for treatment where he was given an excessive dose of procardia, a blood pressure medication, which put him into a coma. That case settled against the restaurant and the hospital, during trial, for $1.475 million.
Settlement: $ 1,475,000

Mother Bleeds To Death After Caesarian Section

A 21 year old woman gave birth to her first child by caesarian section. The obstetrician failed to properly close the incision causing the woman to die a few hours later from internal bleeding, leaving behind her infant daughter. This case settled before trial for $1.475 million.
Settlement: $ 1,475,000

Failure To Diagnose Heart Condition After Surgery

A 46 year old dialysis patient underwent heart valve surgery, however, he was discharged from the hospital before being diagnosed with pericardial effusion. After he returned to the hospital the next day, appropriate treatment was again delayed. The patient then lapsed into a coma and died a few months later, leaving a wife and one child. This case settled at trial for $1.25 million.
Settlement: $ 1,250,000

Failure To Diagnose Colon Cancer

A 44 year old carpenter had been treated at a Municipal Hospital Clinic for a variety of ailments over the course of approximately 5 years. During that time, the doctors at the clinic failed to diagnose his developing colon cancer which, ultimately, resulted in his death. The hospital attempted to avoid liability by arguing there was no "continuous course of treatment" and, therefore, the statute of limitations had run on any malpractice claim. We prevailed on that legal argument and the case then settled for $1.25 million.
Settlement: $ 1,250,000

Failure To Diagnose Embolism

A 60 year old man, while hospitalized for a recurrence of colon cancer, developed an embolism and consequently lost a portion of his left leg.  The matter settled during trial for $1.2 million.
Settlement: $1,200,000

Failure To Diagnose Ankle Fracture

The Firm represented a 59 year old retiree who hurt his ankle in a fall and then went to the hospital for treatment.  At the hospital, he was x-rayed and the fracture was diagnosed. Unfortunately, the hospital did not treat the fracture and discharged the patient without advising the patient he had sustained a fracture.  By the time the patient was advised that he had sustained a fractured ankle, he had developed a malunion.  This resulted in an ankle fusion and complications for various, pre-existing conditions.  The case was settled at a pre-trial conference for $1.2 million.
Settlement: $ 1,200,000

Overprescribing and Oversupplying Narcotic Medication

In a medical malpractice action in New Jersey, the firm sued a doctor and a pharmacy for overprescribing and oversupplying narcotic medication to a 44 year old man.  As a result, the man was rendered an addict, the stress of which contributed to a fatal heart attack.  The action settled at a pre-trial conference for $1,050,000.
Settlement: $ 1,050,000

Improper Asthma Treatment

A 51 year old housewife who suffered an asthma attack and died after she received improper resuscitation in a hospital emergency room. The hospital alleged she died because she did not take her asthma medication, however, that case settled for $1 million
Settlement: $ 1,000,000

Inadequate Asthma Treatment Leads To Asphyxiation

A 60 year old housewife suffered an asthma attack and was rushed to a hospital emergency room. In attempting to revive her, the wrong medication and improper intubation was administered and as a result, she suffocated and died, leaving her husband and adult children. This case settled for $1 million.
Settlement: $ 1,000,000

Motor Vehicle & other Transportation Accidents

Passenger on Ferry

Passenger crushed to death in the Staten Island Ferry disaster crash.
Settlement: $ 5,000,000

Motor Vehicle Rollover Accident

The Firm filed an action in California against a Japanese auto manufacturer on behalf of a client who was severely burned in a fire resulting from a rollover accident of an SUV. That matter settled for $4.5 million.
Settlement: $ 4,500,000

Housewife Hit By Truck

A 34 year old housewife standing on the sidewalk at the corner of an intersection in Bronx County, N.Y. was hit by a truck that came onto the sidewalk while making a right turn. She was killed at the scene, leaving a husband and 3 infant children. This case settled at a pre-trial conference for $3 million.
Settlement: $ 3,000,000

Motor Vehicle Accident on a Flooded Roadway

A 4 year old boy was a passenger in his mother's car which struck a puddle in the roadway causing the car to go out of control and collide with an oncoming truck. The child suffered multiple fractures and serious neurological injuries. The case settled against the mother for her $10,000 insurance policy, plus $250,000 from the manufacturer of her motor vehicle and $1.8 million from the contractor who built the road with improper drainage, for a total settlement of $2,060,000.
Settlement: $ 2,060,000

Bicycle Rider Struck by Motor Vehicle

Adult bike rider struck by car causing severe fractures to her pelvis and road burn as a result of being dragged under a car.
Settlement: $ 2,000,000

Pedestrian Loses Right Leg After Being Hit By Cement Truck

A 64 year old woman crossing 2nd Avenue at 68th Street in Manhattan, was struck by a cement truck. As a result, she suffered the traumatic amputation of her right leg, above the knee. The case settled prior to trial for the full amount of insurance coverage.
Settlement: $ 2,000,000

Motorist Killed By Drunk Driver

A 33 year old businessman, married with three children, was on his way home from work when his motor vehicle was struck by another vehicle, which fled the scene. Upon impact, the motorist lost control of his vehicle, it overturned and he was killed in the ensuing wreck. The other driver was eventually apprehended several miles away and found to be driving under the influence. This case was settled for the full amount of the applicable insurance coverage, $1.5 million. The drunken driver was convicted and sent to prison.
Settlement: $ 1,500,000

Pedestrian Crossing Street

Pedestrian struck by truck. Driver went through red traffic signal, striking pedestrian and causing severe fractures to her leg.
Settlement: $ 1,500,000

Helicopter Crash

A couple was killed on their honeymoon in Hawaii, while sightseeing in a helicopter that crashed into a volcano. The action was resolved for $1.2 million.
Settlement: $ 1,200,000

Pedestrian Struck By SUV

A 44 year old nurse, while standing on the shoulder of a highway, next to her disabled car, was struck by a passing vehicle and was killed instantly. She was earning approximately $50,000.00 per year, and left a 7 year old son. The defendant had $1.25 million in insurance coverage and during the trial the case settled for $1.2 million.
Settlement: $ 1,200,000

Bus Accident With Multiple Victims.

A bus accident in New Jersey in which approximately forty people were injured and six were killed. The Firm represented one of the accident victims who sustained multiple factures, with the other victims being represented by several other law firms. The bus company had a total of $5 million in insurance coverage available for all claimants and we obtained approximately $1.1 million of the total available coverage for our client. The remaining 39 victims, represented by other counsel, were forced to share in the remaining $3.9 million of available coverage.
Settlement: $ 1,100,000

Loading Dock Accident

A tractor-trailer, while backing up to make a delivery to a factory, pinned the plaintiff's head against the door frame of the factory loading dock. Plaintiff, who was employed at the factory, sustained a fractured skull and other injuries requiring a craniotomy. The case settled for approximately $1.075 million.
Settlement: $ 1,075,000

Police Misconduct Cases

Unlawful Shooting by Security Guard

Student rendered legally blind when shot by security guard who had past felony record and security failed to do background check.
Settlement: $ 6,500,000

Police Shooting

The Firm represented a twenty-two year old man who was accidentally shot in the left eye by a friend, an off-duty New York City police officer. The officer was cleaning his loaded, off-duty service revolver in his apartment when the accident occurred. The jury returned a verdict of approximately $9 million against the City of New York, which was thereafter reduced by the court to approximately $2.8 million and paid by the City.
Settlement: $ 2,800,000

Premises Liability

Student Hiking Accident

A thirteen year old girl was injured on a hiking trip with her school when she fell from a cliff on a mountain trail in upstate New York and sustained multiple fractures. The Firm brought an action on her behalf against the school and the owner of the mountain, which settled for $4.675 million.
Settlement: $ 4,675,000

Hotel Guest Fell When Stairway Railing Broke Loose

The plaintiff broker her right leg and needed surgery, but her disability was exacerbated because she had suffered polio as a child. The primary insurance carrier paid it's $1 million policy and the excess carrier and broker contributed $250,000 for a total settlement of $1.25 million.
Settlement: $ 1,250,000

Products Liability

Defectively Guarded Machinery

A 60 year old maintenance worker cleaning the floor of a meat packing plant, had his left arm traumatically amputated by the unguarded blades of a meat grinding machine. Because the interlocks for the guard covering the blades had been disabled, the machine could operate without the guard in place. As a result, when the maintenance worker passed by the machine while cleaning the floor, his jacket was caught by the activated blades amputating his left arm. The meat packing plant contributed $1.5 million and the machine manufacturer contributed $200,000 for a total settlement of $1.7 million.
Settlement: $ 1,700,000

Maintenance Worker Injured In Elevator Accident

The firm represented a 50 year old maintenance worker who was operating a freight elevator in an office building when it dropped approximately 4 floors into the basement.  As a result of the accident, plaintiff suffered a serious exacerbation of pre-existing spinal arthritis that required surgery.  The case was settled at a private mediation while motions for summary judgment were pending.  It is noteworthy that plaintiff's prior counsel had withdrawn from the case and the action had actually been dismissed by the time plaintiff retained the firm.
Settlement: $ 1,250,000

Commercial Disputes

Settlement Reached in Consumer Fraud Class Action

The Firm filed a class action against NVE Bank on behalf of its Certificate of Deposit holders, under the New Jersey Consumer Fraud Act, alleging that the bank had engaged in a deceptive interest rate scheme with respect to the issuance and renewal of CDs. Members of the Class were led to believe they were receiving market rates of interest on their CDs when in fact, they were not. The Bank had instituted an undisclosed, two-tier system under which it paid competitive market interest rates on most of its CDs, and then targeted selected CDs for adverse treatment, paying well below competitive market interest rates and/or advertised rates on the targeted accounts. This is the first time the New Jersey courts applied the New Jersey Consumer Fraud Act to a deceptive banking practice of this kind involving CD interest rates.
Settlement: $ 2,800,000

Real Estate Developer’s Claim Against Law Firm For Reduced Property Value

The Firm was retained by a large real estate development company to bring an action against the developer's former law firm for failing to provide appropriate legal advice concerning a major real estate transaction.  The former law firm had rendered advice in connection with bringing the developer’s residential real estate out of the Mitchell-Lama rent regulation program, to sell at fair market value.  As a result of the defendant law firm’s failure to provide appropriate legal advice, withdrawal from the Mitchell-Lama program was hampered, and the property had to be sold at a reduced price, resulting in a reduction of profit to the real estate development company.  The case was settled after mediation.  
Settlement: $ 2,750,000

Commercial Lender; Fraudulent Conveyance Recovery

The Firm represented a commercial lender who was denied payment on its senior debt when the borrower/company was sold to insiders.  The sale had been approved by the insider-controlled board of directors, after competing third party bids were rejected.  The Firm sued the insiders involved in the transaction, asserting a claim for fraudulent conveyance, and the client received payment in full on its senior debt in the amount of approximately $2,600,000.
Settlement: $ 2,600,000

Nazi Looted Art Recovered

The Firm successfully recovered a looted Max Liebermann painting, “Summer Evening on the Alster” (1910). The painting was confiscated by the Nazis from Dr. Gustav and Clara Kirstein in August 1941 and passed through private buyers and galleries for nearly half a century. The Firm represented the Kirstein family heirs, and secured the return of the painting for their benefit, which was sold at auction by Sotheby’s for more than $1.4 million.
Settlement: $ 1,400,000

Property Damage

Partial Collapse Of Abutting Supermarket During Construction Project

The Firm represented both the owner and the tenant of a supermarket premises that was damaged during the construction of an apartment building on real property abutting the supermarket.  Excavation for the apartment building's foundation caused a collapse of a portion of the supermarket's foundation, and the Firm sued the owner of the abutting property, as well as the general contractor and three subcontractors involved in the excavation for physical damage to the supermarket premises, and damage to the supermarket's retail business.  The case settled at trial in the sum of $2,000,000.
Settlement: $ 2,000,000



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