Birth Injury
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 an inability to sit up, grasp objects, make sounds and maintain eye contact. Unfortunately, because the child was born in a 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 requisit 90 days immediately after the birth. Upon winning the motion for our clients 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 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 claims and win an extremely difficult case due to a genetic defect the child was born with.
Medical Malpractice
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 opthalmology staff failed to diagnose him with an increase in orbital (eye) pressure, which ultimately led over the ensuing week to permanent injury to the optic nerve resulting in vision loss. Attorney Kyle Newman was able not only to secure a maximum policy settlement of $250,000 in the hit-and-run accident, but obtained another $745,000 in the medical malpractice case with extremely difficult causation issues.
Wrongful Death
Our client was a retired navy veteran in his 70’s, who lived a fullfilled 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 was caused to suffer profound pain and suffering over the course of months, including severe respiratory distress, leading to her untimely wrongful death.
Birth Injury
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 a tumultuous labor and delivery that accounted for numerous periods of undiagnosed fetal distress that had caused the catastrophic brain damage seen in this small child. As the years would unfold and the legal battle to hold the hospital and obstetrical staff grew fierce, attorney Kyle Newman would take the depositions of half a dozen hospital staff, including neonatologists, pediatricians, pediatric neurologiosts and obstetricians. After years of battling it was discovered that despite calls for intervention 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 would be born with severely depressed Apgar scores, laboratory 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 thrive into adulthood.
Surgical 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 would then rush to perform a hemorrhoidectomy surgery, which was unwarranted without a proper gastrointestinal workup, which based on his complaints and laboratory findings was more than likely the source of the bleeding. After performing the surgery at a major Bronx teaching hospital our client would wake up with severe rectal pain, so bad that 2-weeks later, after writhing in pain for 2+ weeks at the hospital, he would be wrongfully discharged home, only to return to the hospital within 8 hours because of severe rectal pain. 2 additional weeks would pass until finally the surgeon, who never once examined his patient post-surgery over the past month in the hospital, discovered a massive abscess and post-operative infection, which took nearly a year in and out of the hospital to ultimately get under control. Ultimately, after a approximately a dozen rectal surgeries our client would become incontinenent, requiring a spinal cord stimulator to defacate. Prior to trial the defendants, a major Bronx medical center, general surgeon and internist, offered zero dollars, however after the masterful cross-examination of the two main defendant doctors, both the surgeon and the hospital would pay over $6+ million combined.
Wrongful Death
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 Bronx medical center, where the ER doctors failed to recognize several physical and laboratory signs pointing to a potentially 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, would complain to several friends and family members of severe abdominal pain and nausea. She was found dead less than 36 hours later and an autopsy would reveal 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 plaintifff suffered profound pan and suffering after her improper discharge from the hospital, which led to a horrific death due to sepsis, bacteremia and ultimately respiratory failure.
Psychiatric Malpractice
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, Perphenazine, which caused her to develop a severe permanent neurological disorder, Tardive Dyskenesia, a horrible condition which causes involuntary movements and severe muscle spasm of the face, neck, respiratory muscles, arms and hands.
Surgical Error
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 intractible pain and difficulty walking a later surgery would restore function to our client’s left lower extremity.
Medical Malpractice
Our client, a diabetic, stubbed his big toe after returning home from work as a maintenance man at Columbia University. Later that night the 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 ultimately lost part of his foot.
Surgical Error
This was an extremely difficult case where our client presented to her OBGYN with complaints of incontinence. After performing essentially no workup the surgeon recommended and ultimately performed a total abdominal hysterectomy, which over the course of the case was discovered to be totally unwarranted given her complaints. This led to a whole slew of other issues including impaired sexual function, severe incontinence and the need for additional surgery.
Child Abuse
Attorney Kyle Newman was extremely proud to represent our client, a 65-year old man who had been sexually assaulted by one of the most evil physicians to ever practice, Dr. Reginald Archibald. For over 30 years it was discovered that this nightmarihs figure used his position as a pediatric endocronologist to sexual assault countless children, primarily living in Manhattan’s east side in Harlem and Lower East Side. Because of the Child’s Victim’s Act in New York tolling the statute of limitations we were able to prove that our client was in fact molested by this haneous physician nearly 50 years prior and suffered catastrophic mental and emotional damage as a result.
Surgical Error
In this case our client, 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 scleerosing 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.
Medical 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 haoppened, that a colon perforation had occurred during a routine colonoscoppy leading to sepsis, absesss 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
When attorney Kyle Newman first met Jerome he was bedridden with a colostomy bag. This occurred after he had presented to a major White Plains hospital with severe abdominal pain and other symptoms consistent with a blockage to his colon. Over the course of days in the emergency room Jerome’s colon was caused to rupture, spweing feces into his abdomen, contaminating his bowel and causing multiple loculated (infected) abscesses to develop. It was only when our client lost consciousness due to the severe pain and sepsis that had developed that physicians finally realized the severity of his issue. Two surgeries and a colostomy bag later his colon would be repaired, but not without considerable pain and unfathomable suffering. Due to the complexity of the case and the client’s checkered medical history Kyle was able to secure a fair settlement at arbitration that would compensate this deserving client for his injuries. The offer prior to arbitration was $0.
Hospital Malpractice
In this extremely difficult case attorney Kyle Newman would be called in as trial counsel on behalf of an 85-year old man who had received grossly inadequate care while admitted to a major Queens hospital with pulmonary edema. Over the course of weeks, and despite the need for IV antibiotics and drainage of the fluid around the lungs, the hospital staff grossly delayed interventions that should have save his life. During deliberations the defense offered $150,000, which was rejected, and rightfully so after the jury returned over $900,000 for our client.
Medical Malpractice
Our client, a 24-year old graduate student was out for her daily morning jog when she developed severe leg pain in her shin. Upon presentation to two major Queens hospital centers the emergency room staff blew her off, sending her home with what attorney Kyle Newman would discover was a compartment syndrome in her shin. In this case the pressure that developed within the muscular compartment in our client’s lower leg increased over the course of days, restricting the flow of blood to one of the major nerves in our clients leg resulting in a foot drop.
Surgical Error
This was a case previously dropped by four preeminent New York City law firms, and by the day attorney Kyle Newman met this client the cae was already on the trial calendar. After meeting with our client, a kind Albanian man of only 40 years old with a wife and three smalll children, Kyle decided to take on the case. He enlisted the help of two incredible physicians, a neuroradiologist and colorectal surgeon, who evaluated the case and determined that the surgeon who had performed the inguinal hernia surgery (one of the most common procedures performed in the US) had done so improperly, placing Protack fixation devices deep within the “triangle of doom” and “triangle of pain”. This caused severe nerve damage to occur to the inguinal nerve, resulting in intractible groin pain, sexual dysfunction, gait impairment and an inability to return to work as a maintenance worker. This trial was one of the most difficult in Kyle’s career as he faced off against renowned medical malpractice defense attorney Jay Rappaport, perhaps the finest defense attorney in the Country. After a three week trial and an extremely adversarial judge in downtown Manhattan did everything in her power to see Kyle fail, the jury saw the case otherwise. After a zero dollar offer pre-trial the jury returned a verdict well over $3 million dollars, one of Kyle’s greatest achievements to date.
Slip & Fall on Snow & Ice
In this case our client, a stay-at-home nanny, suffered a trimalleolar fracture of her right ankle, which was dislocated requiring open reduction internal fixation surgery. Over the course of the case attorney Kyle Newman was able to uncover through weather records confirming our client’s testimony that a large snow storm had entrenched the home with nearly a foot of snow. In the interim the family, including the owners of the home, had asked our client to use a side door and old wooden staircase to exit the home anytime she would leave. On the day of her accident the family, who had traversed the staricase numerous times, had failed to shovel the staricase and instead of clearing the danger made the collection of snow worse by compressing it into a sheet of ice.
Defective Bridge/ Falling Debris
This case was absoltely terrifying, and involved 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, slamming into the front windshield of our client’s car. Initially, it was thought that our client may lose vision in her damaged eye, but recovered miraculously through the help of world class opthalmologists. Attorney Kyle Newman was able to bring the case against the State of New York in the Court of Claims, which involves a bench trial (no jurors) by a judge appointed by the state to hear such claims. Despite offering zero dollars Kyle was able to recover a fair settlement after destroying the defendant’s witnesses, who failed to establish that the delapidated bridge was safe.
Car Accident
At the time of the accident our client, a mid-40’s construction worker was on his way home from work when he was suddenly struck in the rear by a commercial elevator company’s truck. Police records would indicate that the driver was under the influence at the time of the collision and attorney Kyle Newman made a motion for summary judgment on the issue of liability, which was granted in our favor. At trial the jury would consider the cervical fusion surgery and right shoulder surgery and whether the injuries that prompted these repairs were indeed caused by the relatively minor impact seen in photographs. The jury ultimately would side with our client and hold the defendants’ rightfully responsible for the severe injuries they caused.
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Our experienced personal injury attorneys have represented thousands of seriously injured New Yorkers. We are extremely proud of the results we’ve obtained for our clients in excess of $100 million dollars in the New York City Metro area.
If you or a loved one was injured because of someone else’s negligent or wrongful act your life can change in an instant. You may require extensive medical care, lose time from work and have serious concerns about how you’ll pay your bills. You also may be experiencing severe pain that prevents you from returning to your normal daily life. That’s where our team of experienced personal injury attorneys come in, to help you receive full compensation for your injuries and losses from those responsible.
Whether it’s a trip and fall, car accident, dog bite or workplace injury, the personal injury attorneys at Uptown Injury Law, PLLC have fought tirelessly for personal injury accident victims throughout the Bronx, Manhattan, Queens, Brooklyn and the New York City Metro Area for over 15 years. To schedule a free consultation contact us online or call our office toll-free at 855-233-8728.
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Uptown Injury Law, PLLC is a New York City based personal injury and medical malpractice law firm. We help New York accident victims in The Bronx, Manhattan, Queens, Brooklyn, Westchester and Long Island. To make things as easy as possible, we can meet you wherever you are most comfortable – at our New York City office, at your home, or at the hospital.
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