Birth Injury/ Obstetrical Malpractice

Our client suffered hypoxic ischemic encephalopathy due to a failure to diagnose fetal distress during labor and delivery. In this case, attorney Kyle Newman first met the infant and his mother when the child was only nine months old. At that time, it became clear to the mother that the child was suffering severe developmental delays, such as the inability to sit up, grasp objects, make sounds, and maintain eye contact. 

Unfortunately, because the child was born in an NYCHHA hospital in the Bronx, a motion had to be made to file a late notice of claim since none had been filed within the requisite 90 days immediately after the birth. 

Upon winning the motion for our client, the City appealed, which forced Kyle to fight for the rights of this child in the 1st Appellate Department of New York against one of New York City’s most skilled appellate attorneys. The arguments for our client ultimately prevailed, and new case law was made, ensuring the rights of newborns, who are like our client, whose injuries were not readily apparent to their parents within the first three months of life. 

As the hospital staff was clearly put on notice of the potential that an injury had occurred and thus malpractice was committed, this opened the door for our client to pursue their claim and win an extremely difficult case due to a genetic defect the child was born with.


Medical Malpractice/Failure to Diagnose Eye Injury

In this case, a 24-year-old young man was struck by a hit-and-run and taken to the emergency room of a major Brooklyn hospital. There, the ophthalmology staff failed to diagnose him because of an increase in orbital (eye) pressure, which ultimately developed into permanent injury of the optic nerve within seven days and resulted in vision loss. 

Our Attorney, Kyle Newman, not only secured a maximum policy settlement of $250,000 in the hit-and-run accident but also obtained another $745,000 in the medical malpractice case with extremely difficult causation issues.


Wrongful Death/ Failure to Treat Myasthenia Gravis

Our client was a retired Navy veteran in his 70s who lived a fulfilled life with his wife of nearly 50 years. Unfortunately, she developed a condition known as myasthenia gravis, a chronic autoimmune disorder in which antibodies destroy the communication between nerves and muscle, resulting in weakness of the skeletal muscles.

Due to gross misdiagnosis and improper treatment by a major Bronx County hospital, our client suffered profound pain and suffering for many months, including severe respiratory distress, leading to her untimely wrongful death.


Birth Injury/ Obstetrical Malpractice

When attorney Kyle Newman first met our client, who was not even 3 months old at the time, it was obvious that there was something wrong with this child. Her eyes wandered, she had very little muscle tone, and she clearly was experiencing developmental delays. 

The medical records from the Bronx County hospital where she was born told the story of difficult labor and delivery, which led to multiple periods of undiagnosed fetal distress. These undiagnosed issues caused the catastrophic brain damage seen in this small child. 

Over the years, the legal battle ensued as attorney Kyle Newman conducted interviews with half a dozen (six staff members) hospital staff, including neonatologists, pediatricians, pediatric neurologists, and obstetricians. 

After years of battling, it was discovered that a hospital-employed midwife had assumed primary control of the delivery despite the high-risk nature of the pregnancy and obvious signs of severe fetal distress requiring immediate emergency intervention. 

Ultimately, the baby was born with severely depressed apgar scores and imaging findings of hypoxic-ischemic injury and permanent brain damage that impacted her ability to eat, speak, understand, and walk.

On the eve of trial, attorney Kyle Newman was able to secure a $6,000,000 settlement for the child and her family, as well as lifetime medical care and benefits to assist this permanently disabled child to thrive into adulthood.


Surgical Error/ Hospital Error

Our client, a 42-year-old convenience store owner from the Bronx, presented to a general surgeon with complaints of rectal bleeding. The surgeon rushed to perform a hemorrhoidectomy surgery without conducting a proper gastrointestinal evaluation, which was needed to determine the actual cause of the bleeding.

After performing the surgery at a major Bronx teaching hospital, our client experienced severe rectal pain. He endured two weeks of agony in the hospital, only to be wrongfully discharged and then readmitted within 8 hours due to the intense pain.

Another two weeks passed before the surgeon, who had not examined the patient since the surgery, discovered a significant abscess and post-operative infection, which took our client nearly a year in and out of the hospital to get under control after a dozen rectal surgeries. 

Unfortunately, our client became incontinent, requiring a spinal cord stimulator to defecate. Before the trial, the defendants, which included the major Bronx medical center, the general surgeon, and the internist, initially offered no compensation.

However, after skillful cross-examination of the two primary defendant doctors, both the surgeon and the hospital agreed to pay a combined total of over $6 million.


Wrongful Death/ Failure to Diagnose Colon Blockage

In this case, our client suffered a blockage of one of the main arteries in her colon. Because of the severe abdominal pain she was experiencing, she went to the emergency room at a major medical center in the Bronx, where the ER doctors failed to recognize several physical and laboratory signs pointing to a life-threatening condition known as bowel ischemia. 

When she was discharged from the hospital later that night with a diagnosis of “stomach flu,” our client, a 60-year-old woman who lived alone, complained to several friends and family members of severe abdominal pain and nausea. 

She was found dead less than 36 hours later, and later, her autopsy revealed that, indeed, it was bowel ischemia that took her life. 

Over the course of the case, attorney Kyle Newman was able to prove, through the testimony of several non-party witnesses, that the plaintiff suffered profound pain and suffering after her improper discharge from the hospital, which led to a horrific death due to sepsis, bacteremia, and respiratory failure.


Psychiatric Malpractice / Tardive Dyskinesia

Our client, a single mother who had just been released from prison with a diagnosis of depression, was misdiagnosed by a newly licensed psychiatrist and prescribed extremely high doses of an older-generation antipsychotic medication named “Perphenazine”. 

This high dose of medication caused her to develop a permanent neurological disorder, Tardive Dyskinesia, a horrible condition that causes involuntary movements and severe muscle spasms in the face, neck, respiratory muscles, arms, and hands.


Surgical Error/Neurosurgery Malpractice

In this case, our client had a history of prior cervical and lumbar fusion surgeries for nearly two decades. After a car accident, the client was referred to a neurosurgeon who performed a revision surgery of the lumbar fusion with cage implantation. 

Immediately after surgery, our client developed severe burning and difficulty ambulating, which was later discovered to be caused by the compression of a nerve affected by the improperly performed surgery. 

After nearly a year of intractable pain and difficulty walking, a later surgery was able to restore the function of our client’s left lower extremity.


Medical Malpractice/ Failure to Diagnose Necrotizing Fasciitis

Our client, a diabetic, stubbed his big toe after returning home from work as a maintenance man at Columbia University. Later that night, his foot swelled, which prompted our client Harold to visit a neighborhood family clinic. 

This was the start of a necrotizing fasciitis infection of his foot, which was grossly mistreated by the staff at the clinic. After lancing the wound and placing a bandage, our client returned home. 

After several days of rest, a distinct smell was coming from the foot. Once our client unwrapped the bandage, it revealed a black foot, which had become wet with gangrene. After a courageous effort by the hospital staff to restore blood flow and manage the infection, Harold lost part of his foot.


Unwarranted Surgery/ Hysterectomy

This case was quite challenging. Our client went to her OBGYN with concerns about incontinence. However, the surgeon barely did any initial examinations and quickly suggested and carried out a complete abdominal hysterectomy. 

As the case unfolded, it became evident that this surgery was completely unnecessary, given our client’s initial complaints. This resulted in various complications, such as sexual function problems, severe incontinence, and the need for further surgeries.


Child Abuse/ Molestation By Retired Physician

Attorney Kyle Newman was proud to represent our 65-year-old client, who had been sexually assaulted by the notorious physician, Dr. Reginald Archibald. This predatory doctor, a pediatric endocrinologist, committed heinous acts against numerous children for over 30 years, mainly in Manhattan’s East Side, including Harlem and the Lower East Side.

Thanks to the Child Victims Act in New York, which extended the time to file charges, we were able to prove that our client had been molested by Dr. Archibald nearly 50 years ago. This abuse left our client with severe mental and emotional trauma.


Surgical Error/ Orthopedic Malpractice

A 64-year-old auto shop owner went to a Brooklyn vascular surgeon for treatment of varicose veins in his left lower leg. 

When performing the procedure, the vascular surgeon inadvertently injected a sclerosing agent directly into a major artery in the lower leg, which immediately clotted, cut off blood flow to the extremity, and caused a major portion of our client’s foot to become ischemic and gangrenous.

After three major surgeries, our client had part of his foot amputated, including three toes, leaving him disabled for the rest of his life.


Colon Perforation/ Colorectal Surgeon Malpractice

After three law firms had dropped the case, our client, a 50-year-old Bronx man, came to see attorney Kyle Newman after winning an appeal that nearly lost his case. 

Kyle decided to get involved, retaining a team of skilled colorectal and gastrointestinal experts to uncover the truth of what happened: a colon perforation had occurred during a routine colonoscopy, leading to sepsis, abscess, and the need for a colostomy.

Despite the difficulty in proving causation and the departures committed by the surgeon, Kyle was able to secure a near-million-dollar settlement for our injured client.


Hospital Malpractice/ Gastroenterologist & General Surgeon Malpractice

When attorney Kyle Newman first met Jerome, he was confined to his bed with a colostomy bag. This happened after he had gone to a major White Plains hospital with severe abdominal pain and symptoms suggesting a blockage in his colon.

During several days in the emergency room, Jerome’s colon ruptured, causing feces to spill into his abdomen. This contamination led to the development of multiple infected abscesses. It was only when our client lost consciousness due to severe pain and sepsis that physicians finally grasped the seriousness of his condition. 

After two surgeries and the use of a colostomy bag, his colon could be repaired, but not without enduring significant pain and unimaginable suffering.

Because of the intricacies of the case and Jerome’s complicated medical history, Kyle managed to secure a fair settlement through arbitration to compensate this deserving client for his injuries. The initial offer before arbitration was $0.


Hospital Error/ Wrongful Death

In this extremely difficult case, Attorney Kyle Newman was brought in to represent an 85-year-old man who received extremely poor care while at a major Queens hospital for pulmonary edema. Despite the urgent need for IV antibiotics and fluid drainage around the lungs, the hospital staff significantly delayed the necessary treatments that could have saved his life.

During the trial, the defense initially offered $150,000 as a settlement, but the jury ultimately awarded our client over $900,000 in damages. This significant verdict rightly reflects the severity of the situation and the inadequate care the patient received.


Medical Malpractice/ Failure to Diagnose Compartment Syndrome

Our client, a 24-year-old graduate student, was out for her daily morning jog when she developed severe leg pain in her shin. After visiting two prominent Queens hospital centers, she was initially dismissed by the emergency room staff. However, attorney Kyle Newman later determined that she had a compartment syndrome in her shin.

In this situation, pressure built up within the muscle compartment in her lower leg over several days. This increased pressure restricted blood flow to a major nerve in her leg, leading to a condition known as foot drop.


Hernia Repair Surgical Error

This case had been rejected by four top New York City law firms, and by the time attorney Kyle Newman met the client, the case was already scheduled. When Kyle met the client, a 40-year-old Albanian man with a wife and three young children, he decided to take on the case.

Kyle sought the expertise of two highly qualified doctors, a neuroradiologist and a colorectal surgeon, who examined the case and found that the surgeon who had performed the inguinal hernia surgery (a common procedure in the US) had made serious errors. 

The surgeon had placed fixation devices in sensitive areas, causing severe nerve damage to the inguinal nerve. This resulted in chronic groin pain, sexual problems, difficulty walking, and the inability to work as a maintenance worker.

This trial posed a significant challenge for Kyle, as he went up against the well-known medical malpractice defense attorney Jay Rappaport, one of the best in the country. 

Despite facing a tough three-week trial and an uncooperative judge in downtown Manhattan, the jury ruled in favor of Kyle’s client. Initially offered zero dollars before trial, the jury awarded a verdict of well over $3 million, marking one of Kyle’s most significant achievements.


Slip & Fall on Snow & Ice

In this case, our client, a stay-at-home nanny, experienced a severe injury (trimalleolar) when she fractured her right ankle in three places and dislocated it, necessitating surgery (open reduction internal fixation surgery) to fix it. 

During the case, attorney Kyle Newman discovered evidence from weather records that supported our client’s statement about a heavy snowstorm that had left almost a foot of snow around the house.

In the meantime, the family who owned the house had asked our client to use an old wooden staircase and a side door whenever she left the house. This staircase had been used by the family without any issues in the past. However, on the day of the accident, the family failed to clear the snow, and instead of making it safer, they unintentionally turned it into a dangerous sheet of ice by walking over it.


Defective Bridge/ Falling Debris

This case was absolutely terrifying and our client, who was a passenger in her husband’s vehicle on the way home from their child’s soccer match. While driving under the I-95 northbound on the border of New York and Connecticut, a large piece of concrete detached from an overpass slammed into the front windshield of our client’s car. 

Initially, it was thought that our client might lose vision in her damaged eye, but recovered miraculously through the help of world-class ophthalmologists. Attorney Kyle Newman was able to bring the case against the State of New York in the Court of Claims, which involved a bench trial (no jurors) by a judge appointed by the state to hear such claims. 

Despite offering zero dollars initially, Kyle was able to recover a fair settlement after destroying the defendant’s witnesses, who failed to establish that the dilapidated bridge was safe.


Commercial Truck Hit in Rear Accident

At the time of the accident, our client, a construction worker in his mid-40s, was on the way home from work when a commercial elevator company’s truck rear-ended them. The police report showed that the truck driver was intoxicated at the time of the accident. Attorney Kyle Newman filed a motion for summary judgment on the question of who was at fault, and we won the case.

During the trial, the jury had to decide if our client’s cervical fusion and right shoulder surgeries were truly a result of the relatively minor impact shown in the photos. In the end, the jury ruled in favor of our client, holding the defendants responsible for causing their severe injuries

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