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These awards, ranging from $3.22 million down to $2.35 million, were reported by the Law Journal between Aug. 21, 2018, and Aug. 19, 2019. They are ranked in order of their value as of the date of verdict or settlement. Awards of equal value share a ranking—this year we have a three-way tie at number 4 ($2.5 million). Tied cases are not listed in any particular order. Awards for multiple parties are ranked by their lump-sum value.

 

1. Monmouth Jury Awards $3.22M for Shopping Mall Fall

Published: March 21, 2019

In Cook-Stubbs v. Simon Property Group, a Monmouth County jury awarded $3.22 million on March 8 to a plaintiff who fell on an icy sidewalk at a shopping center. But the plaintiff's recovery was reduced to $2.74 million because the jury concluded she should shoulder 15 percent of the fault for the fall.

Terry Cook-Stubbs, now 62, was visiting at the Jackson Premium Outlets in the course of her employment on Jan. 30, 2014, when she slipped and fell on an icy sidewalk and fractured her right hip. She was an employee of Zales Jewelers and was delivering signs to the company's store in the center. Cook-Stubbs underwent surgery to implant three screws in her hip, but she experienced ongoing pain and was unable to return to work. She later had the screws removed and underwent a replacement of the hip joint, the suit claimed.

Cook-Stubbs sued the owner of the center, Jackson Premium Outlets and CPG Partners; Valor Security, and Able Building Maintenance. The suit claimed that Valor Security and Able Building Maintenance were obligated to look out for icy conditions and take action if any were found.

The defendants claimed that Cook-Stubbs' pain and suffering were not caused by her accident but by a pre-existing arthritis condition, according to her attorney, Kimberly Gozsa of Levinson Axelrod in Edison.

Following a 20-day trial before Monmouth County Superior Court Judge Lourdes Lucas, the jury returned a verdict of $2.75 million for pain and suffering, plus $373,580 for lost wages and a $100,000 per quod award to her husband, Harry Stubbs, for a total of $3.22 million. The jury apportioned 51 percent of liability to Jackson Premium Outlets, 16 percent to Valor Security, 18 percent to Able Building Maintenance and 15 percent to the plaintiff. That set Cook-Stubbs' and her husband's recovery at $2.74 million.

Andrew Stern of Fishman McIntyre in East Hanover represented Jackson Premium Outlets, CPG Partners and Valor Security. Richard Connors Jr. of Tompkins McGuire Wachenfeld & Barry in Roseland represented Able Building Maintenance. They did not return calls about the case.

 

2. Brain Injury During Eye Surgery Yields $3.2M Settlement

Published: May 23, 2019

The family of a man who suffered a brain injury due to complications from anesthesia agreed to a $3.2 million settlement of their Passaic County medical malpractice suit. A release was signed May 16.

While preparing for surgical removal of portions of his right eye due to an eye injury, Fausto Camilo was sent for a preoperative cardiac assessment with Michael Schwartz. Camilo, now 64, had a history of congestive heart failure, pulmonary hypertension, post mitral valve replacement, hypertension and diabetes. But Schwartz rated Camilo to be a low cardiac risk for surgery and found no reason not to have the procedure done, according to Camilo's lawyer, Paul da Costa of Snyder Sarno D'Aniello Maceri da Costa in Roseland.

Schwartz contended that since eye surgeries are considered low-risk, and Camilo's cardiac conditions were considered stable, he was found to be a low risk, according to daCosta.

Camilo went ahead with the procedure after anesthesiologist Altan Yenicay administered a cocktail of Propofol, Etomidate and Fentanyl, followed by a retrobulbar block injection. During the operation,  Camilo's blood pressure began to drop, said da Costa. The patient ultimately suffered circulatory collapse and had to be resuscitated. He sustained a brain injury due to deprivation of blood flow to his brain. The eye surgeon completed the procedure in an expedited manner, but Camilo remained in a coma for roughly one month, and when he awoke, he was permanently brain-injured, the suit claimed. He now requires complete assistance with activities of daily living and has severe neurocognitive deficits, da Costa said.

Camilo sued Schwartz and his practice, Broad Street Medical Associates. He also sued Yenicay, and his practice, Bergen Anesthesia Group.

The plaintiffs alleged that Yenicay deviated from the standard of care by using a form of sedation, as opposed to using general anesthesia. In addition, the plaintiffs alleged that Yenicay should have utilized an arterial line and pulmonary artery catheter, in order to better monitor Camilo's blood pressure and other vital signs. The suit also alleged that Yenicay failed to timely recognize and treat Camilo when his condition deteriorated.

Yenicay and Bergen Anesthesia agreed in February to settle for $3.2 million. Yenicay and Bergen Anesthesia each had $2 million in insurance coverage, da Costa said. The settlement was finalized among the parties as of May 16 but is still pending a friendly hearing, according to electronic court documents.

Schwartz raised a cross-claim against Yenicay. Following a three-week trial before Passaic County Superior Court Judge Frank Covello, the jury found no cause of action against Schwartz and it dismissed his cross-claim against Yenicay. Camilo and Schwartz agreed to a high-low settlement before trial, with confidential terms, said daCosta.

Yenicay and Bergen Anesthesia were represented by Robert Donnelly of Dughi, Hewitt & Domalewski in Cranford. Schwartz and Broad Street Medical were represented by William Brennan of the Law Office of William Brennan in Shrewsbury. Those attorneys did not return a reporter's calls about the case.

 

3. Traveler's Tarmac Fall at Newark Airport Yields $3.1M Settlement

Published: Aug. 09, 2019

A woman who slipped on ice while disembarking from a US Airways flight at Newark Liberty International Airport agreed to a $3.1 million settlement in her Essex County suit, Crawley v. American Airlines Group, on May 21.

Towanna Crawley was required to disembark onto the tarmac on Feb. 5, 2014, because the commuter plane on which she flew was too small to use a jetway, said her lawyer, Todd Leonard. After taking a few steps on the tarmac, she encountered icy pavement and fell.

Crawley sustained injuries to her neck, back, and knee, and underwent three back surgeries and a cervical fusion. She is unable to continue her job as a kidney dialysis technician, said Leonard.

Crawley sued US Airways and its parent company, American Airlines; the Port Authority of New York and New Jersey; Snowlift Inc., a company that was under contract to remove snow and ice; and AFCO AV Ports, a company that was under contract to manage the airport.

The parties settled on May 21 in mediation with retired Superior Court Judge James Clyne of Benchmark Resolutions in Lambertville.

The settlement calls for Crawley to receive $3 million from the Port Authority, American Airlines and US Airways. They were insured by AIG Aerospace, which was represented by Douglas Amster and Peter Van Deventer of Lewis Brisbois Bisgaard and Smith in Newark. Amster declined to comment on the case.

Another $50,000 was paid to the plaintiff on behalf of defendant Snowlift Inc., who was insured by Starr Indemnity and Liability Company, and represented by Timothy Houricanof Brown Gavalas & Fromm in Clifton. He did not return a call about the case.

Finally, $50,000 was paid on behalf of AFCO AV Ports Management, who was insured by Ace Property and Casualty Insurance Co. and represented by Paul Piantino of White and Williams in Newark. He did not return a call.

 

4. Union County Suit Over Driver's Death After Fiery Collision With Truck Settles For $2.95M

Published: June 20, 2019

The estate of an intoxicated man who burned to death in an accident with a tractor-trailer will receive a $2.95 million settlement in its Union County suit, Estate of Squire v. Food Haulers Inc.

The settlement was reached on June 10 at a mediation before retired Essex County Superior Court Judge Dennis Carey.

On Nov. 10, 2017, at approximately 2:13 a.m., Tom Squire, of Newark and 36 years old at the time, was driving west on 520 Dowd Avenue in Elizabeth when a Food Haulers Inc. tractor-trailer pulled out of a ShopRite driveway in front of him without stopping, resulting in a collision, according to a police report.

A surveillance video recorded footage that showed that the Food Haulers vehicle, driven by John Cleaves, then 73, of Clifton, proceeded out of the ShopRite driveway without stopping. The video also captured that after the initial impact, Cleaves attempted to back his vehicle back into the ShopRite driveway, dragging Squire's vehicle, a black 2009 Nissan Maxima. This caused a fuel tank on the tractor-trailer to rupture and burst into flames, engulfing Squire's Maxima, according to the police report.

Approximately six minutes after the fire started, the video showed that Squire was able to extricate himself from his vehicle engulfed in flames. Squire was airlifted to St. Barnabas Medical Center in Livingston, where he was diagnosed with third-degree burns over 100 percent of his body and severe smoke inhalation injuries, based on the police report. He ultimately died six hours after the accident.

Squire's estate was represented by attorney Robert G. Hicks of Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins in Freehold. Hicks was assisted at the mediation by his partner, Larry M. Simon, who specializes in interstate commercial vehicle accidents.

Defendants were represented by Michael L. Trucillo, a partner at Lewis Brisbois Bisgaard & Smith in Newark. When reached, Trucillo had no comment on the case.

An autopsy revealed that Squire's blood-alcohol content was significantly over the legal limit, Hicks said.

The suit named Food Haulers, ShopRite and Wakefern Food Corp., and contended that the tractor-trailer driver, as a commercial driver's license professional, owed a higher duty of care. Hicks said the tractor-trailer driver also violated several rules of the road for CDLs— including reversing his vehicle after the initial collision, which the suit claimed was the cause of the fatal fire.

"The other vehicle is a tractor trailer, and they are subject to CDL regulations," Hicks said in a phone call. "What happened was, after the collision the driver started to back up, which in our theory is what caused the fuel tank to rupture and cause the fire.

"The autopsy showed that Mr. Squire' had no injuries from the initial impact, no broken bones and no internal organ damage," said Hicks. "He suffered smoke inhalation and burns throughout his body from the fire."

Squire worked for University Hospital in Newark doing medical deliveries and was five days shy of his 37th birthday when the accident occurred, according to Hicks, who noted that Squire had three children.

Hicks said multiple insurance policies under Food Haulers Inc. of Jamesburg and Wakefern Food Corp. of Keasbey are covering the settlement.

 

5. Settlement for $2.7M Approved in Ocean County School Bus Crash Case

Published: March 1, 2019

An Ocean County Superior Court judge on Feb. 22 approved a $2.7 million settlement for a student injured in a school bus accident, and for the student's sister for witnessing the injury, in M.P., as guardian ad litem for D.P. and A.P. v. Toms River Schools Board of Education.

On Oct. 18, 20016, D.P., who was 8 years old, and A.P., who was 10 years old, were passengers on a school bus driven by Jody Simone and owned by the Toms River Board of Education. The bus was stopped on New Hampshire Avenue in Toms River, preparing to make a left turn into North Dover Elementary School, and when it made the turn, the bus collided with an oncoming car, said the plaintiffs' lawyer, Norman Hobbie of Hobbie, Corrigan & DeCarlo in Eatontown.

Named as defendants in the suit were the board of education, Simone, and Austin Tobin, the driver of the other vehicle.

D.P., who had cochlear ear implants, sustained a closed-head injury that required replacement and repair surgeries for those implants and led to bilateral hearing loss and headaches, Hobbie said. A.P. asserted a claim under Portee v. Jaffe based on witnessing her brother's injury.

Tobin previously agreed to tender his full $100,000 policy.

The parties had completed discovery and were approaching trial when the school district and the plaintiffs settled on Feb. 4 for $2.6 million, during mediation with Thomas O'Brienof Bathgate, Wegener & Wolf in Lakewood, a retired Ocean County Superior Court judge.

Ocean County Superior Court Judge Arnold Goldman approved the settlement on Feb. 22, according to court documents. The order provides for a $2.45 million award to D.P. and a $250,000 award to A.P., minus fees and costs of about $651,000 for Hobbie Corrigan. though the firm waived its fee in connection with A.P.'s Portee claim, the order said. Most of the net recovery is to be used to purchase annuities for the minor plaintiffs, according to the order.

The $2.6 million sum plus the $100,000 provided by Tobin pushes the gross recovery to $2.7 million.

Michael Kelly of Ronan, Tuzzio & Giannone in Tinton Falls, counsel to Tobin, confirmed that his client paid his policy limit in his portion of the settlement.

Ronald Pruseck of Carluccio, Leone, Dimon, Doyle & Sacks in Toms River, counsel to the school district, didn't return a call about the case.

 

6. (TIE) Work Site Death Yields $2.5M Settlement in Middlesex

Published: Aug. 27, 2018

In a Middlesex County wrongful death suit, Estate of Crosby v. Berkeley Redevelopers, the estate of an equipment mechanic who died while working on demolition of a strip mall received payment of a $2.5 million settlement on Aug. 7.

Raymond Crosby died on Sept. 24, 2015, while working at the site of the vacant Beachwood Shopping Plaza in Berkeley Township. Crosby, an employee of Edgewood Properties, was sent to the site to repair a piece of equipment to assist with demolition of a former Woolworth store on the property, although he had no experience with demolition, the suit claimed. Crosby was cutting notches into steel support columns in the store when the roof collapsed, killing him.

Berkeley Redevelopers, an entity created for the Beachwood project, was designated by Berkeley Township as redeveloper of the site. It hired E.P. Equipment to do the demolition work at the site. Those companies and Edgewood Properties were under common ownership, said James Maggs, who represented the estate along with John McDermott. Both are with Maggs & McDermott in Wall.

The suit said Berkeley Redevelopers and E.P. Equipment failed to have the Woolworth building evaluated by a demolition engineer to assess stability of the building and to properly plan the demolition. The floor in the Woolworth building was believed to be in danger of collapsing, but instead of bringing in equipment that could demolish the building from outside, they sent in a worker with no prior demolition experience or training, Maggs said. That plan was formulated by Kylem Spence, the demolition foreman, and Frank Sellinger, superintendent for the project, Maggs said.

Crosby suffered fractured ribs in the collapse, as well as blunt trauma to the head and a thoraxic injury, Maggs said. Experts for the plaintiff said he likely perceived the building collapsing for two to three seconds, and tried to exit but was hit by a metal joist on the left side of his face. He then likely suffered another seven to ten seconds of pain and suffering, the plaintiff experts contended. Defense experts opined that Crosby died instantly, according to Maggs. The defense also said that Crosby disregarded instructions on which columns he was supposed to cut, Maggs said.

The defendants were cited by the U.S. Occupational Safety and Health Administration for numerous violations in connection with the accident, Maggs said.

The settlement was reached on May 24, following mediation with retired Superior Court Judge Mark Epstein of Hoagland Longo Moran Dunst & Doukas in New Brunswick. Berkeley Redevelopers, E.P. Equipment, Sellinger and Spence were party to the settlement.

Lisa Slotkin of Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy in Philadelphia, who represented Berkeley Redevelopers and E.P. Equipment, didn't return a call about the case. Neither did Andrew Ullrich of the Ullrich Law Firm in South Plainfield, who represented Sellinger and Spence.

 

6. (TIE) Middlesex Jury Delivers $2.5M Verdict in Case of Multi-Vehicle Accident

Published: Dec. 26, 2018

In Tomaselli v. Siegal, a Middlesex County jury awarded a South Brunswick woman and her husband $2.5 million as compensation for injuries she sustained when she was involved in a three-car accident.

The jury on Dec. 17 awarded $2.3 million to plaintiff Jennifer Tomaselli, now 46, and $200,000 to her husband, Girolamo, on a per quod claim, said the family's attorney, Mark Kuminski.

The trial was for damages only as liability was not contested, said Kuminski, of the Jamesburg office of Levinson Axelrod.

Tomaselli was injured on Nov. 21, 2014. She was stopped at a red light while driving on New Brunswick Road near Cedar Grove Lane in Somerset Township.

A car driven by defendant Bernard Siegal of Somerset failed to stop and rear-ended another car, driven by Nevine Ragheb, also of Somerset, Kuminski said. Tomaselli was then struck from behind by Ragheb's car, Kuminski said.

Tomaselli sustained injuries to her neck, back and shoulder, as well as a concussion, Kuminski said. While the concussion was resolved, she was required to undergo multiple pain management procedures for her orthopedic injuries, as well as two neck surgeries, he said.

The first neck surgery was a discectomy and the implantation of an artificial disc, Kuminski said. The surgery resulted in increased movement of the spine, which led to the development of arthritis, he said. As a result, the artificial disc was removed, and the plaintiff underwent spinal fusion surgery, Kuminski said.

Tomaselli continues to suffer from symptoms related to her injuries, Kuminski said.

Superior Court Judge Phillip Paley presided over the trial, which lasted four days.

Siegal's carrier, New Jersey Manufacturers Insurance Co., retained Michael McCaffrey of Purcell Mulcahy Flanagan in Bedminster. He didn't return a call about the case.

 

6. (TIE) Monmouth Jury Awards $2.5M in Med Mal Case Over Complications From Foot Surgery

Published: July 03, 2019

A Monmouth County jury on June 5 awarded $2.5 million to a woman for complications following foot surgery in her suit against her podiatrist, Ronneberg v. Sullivan.

According to court documents and an attorney in the case, plaintiff Nicole Ronneberg was 20 years old on March 8, 2013, when she underwent surgery on her right foot to correct a bunion, performed by defendant James Sullivan, a podiatrist with offices in Wall and Point Pleasant.

Ronneberg was admitted to the hospital several days after the procedure with a possible issue of blood flow to the toe, and an infection. Sullivan treated her with antibiotics and after several days discharged her, but the wound on her right big toe wouldn't heal, and she subsequently had 257 visits with Sullivan, and underwent numerous debridements and skin grafts, according to her lawyer, James Martin of Martin Kane & Kuper in East Brunswick.

She developed osteomyelitis, an infection in the bone, and ultimately was treated by an orthopedic surgeon who in July 2014 surgically removed bone from her right big toe, resulting in disfigurement and mobility issues.

Ronneberg's gait was affected, which is now leading to hip and knee issues, and she doesn't go to the beach or wear open-toed shoes, Martin said.

The suit claimed Sullivan failed to diagnose and properly treat the postoperative infection, alleging that he deviated from the standard of care.

Sullivan "[denied] any such deviation and further contends that all care and treatment rendered to the plaintiff met the accepted standard of care," according to court documents.

Sullivan made no settlement offer, Martin said.

Following a three-week trial before Monmouth County Superior Court Judge Lourdes Lucas, the jury awarded $2.5 million on June 5. Lucas entered judgment in a June 20 order.

The jury deliberated for 40 minutes and awarded $2 million for future pain and suffering, and $500,000 for past pain and suffering, Martin said, noting that each side had three medical experts.

Sullivan has $1 million in known medical malpractice coverage, Martin said.

Sullivan's counsel, Dominic DeLaurentis of Stahl & DeLaurentis in Runnemeade, declined to comment on the settlement.

 

9. $2.4M Cancer Diagnosis Case in Camden

Published: July 12, 2019

Heiser v. Soble: A medical malpractice trial in Camden over a delayed diagnosis of kidney cancer resulted in a $2.4 million verdict on June 19.

The trial started on June 3 before Camden County Superior Court Judge Michael Kassel.  The verdict was rendered on June 19, 2019.

In court filings, the plaintiffs, then living in Cherry Hill, alleged that Toby Soble, M.D., and Family Practice Associates of Voorhees, failed to properly communicate and follow up with their patient, Mark Heiser, regarding an incidental finding on a lumbar MRI from Dec. 20, 2010.

In February 2014, Mark Heiser was diagnosed with stage IV kidney cancer that had spread to his pancreas, requiring removal of his left kidney, a portion of his pancreas, his adrenal glands and spleen, according to the family's lawyer, Brian S. Chacker of Gay & Chacker in Philadelphia.

Subsequently, it was discovered that the cancer had metastasized to his lungs. About seven months after his diagnosis, Mark Heiser was diagnosed with leptomeningeal disease requiring craniospinal radiation. Heiser, now 70, was a pediatric anesthesiologist at Children's Hospital of Philadelphia who had planned to retire to Florida to be near his daughters and practice medicine part time, Chacker said.

Over the five years since his diagnosis, Heiser has been confined to a scooter and wheelchair, and lost his independence, according to Chacker.

"He is presently disease free and living near Clearwater, Florida," Chacker said in a phone call.

In court testimony, Dr. Soble denied she was negligent or caused Heiser any harm, Chacker said.

The $2.4 million verdict was against Dr. Soble only, with his practice vicariously liable, Chacker said.

According to electronic court documents, the jury awarded $500,000 for past pain and suffering, $1.5 million for future pain and suffering, $375,000 for future lost income, and $31,064 for medical expenses. Judgment was entered July 8.

Erin Bedell of Orlovsky, Moody, Schaaff, Conlon & Gabrysiak in West Long Branch represented defendant Soble. Bedell did not return a call.

"It was an honor to represent Dr. Heiser and his wife Beverly," Chacker said. "They are wonderful people whose lives have been dramatically impacted by his delayed diagnosis of cancer. I am thrilled that the jury appreciated the impact his condition has had on his life and rendered a verdict that will allow them to receive the care and assistance they will need going forward."

 

10. Failure-to-Diagnose Case Settles For $2.35 Million in Ocean County

Published: March 28, 2019

Three physicians accused of failing to promptly treat a patient's heart condition agreed on March 6 to a $2.35 million settlement in an Ocean County wrongful death suit by the patient's family, Rabkin v. Varma.

Jonathan Rabkin, 53, went to the emergency room at Community Medical Center in Toms River on Oct. 18, 2013, for sudden-onset upper abdominal pain radiating to the back with associated nausea and vomiting. The attending emergency room doctor, Vikram Varma, ordered a CT angiogram of the chest with contrast, but then cancelled the contrast administration due to concerns about elevated creatinine in Rabkin's system, according to plaintiff attorney Daryl Zaslow of Eichen Crutchlow Zaslow in Edison.

Radiologist Paul Shieh, who interpreted the CT scans, noted a 5-centimeter aortic aneurysm. Shieh's report noted that the results were relayed to the emergency room, but Varma testified that Shieh told him there was "no acute process," and Varma also said he was never told that a 5-centimeter aortic aneurysm was found, Zaslow said.

Three hours after Rabkin arrived at the hospital, Varma admitted him for observation, turning him over to on-duty hospitalist Luzminda Anama. Later the same day, Rabkin had a CT scan with contrast, revealing an extensive tear in the aorta and blood in the pericardial sac of the heart. Plans were then made to transfer Rabkin to Pennsylvania Hospital, in Philadelphia, for surgical repair of the torn aorta. But Rabkin soon became unstable and could not be resuscitated. He was pronounced dead 10 hours after his arrival.

The medical malpractice suit named Varma, Shieh and Anama. If a timely diagnosis had been made, Rabkin could have easily been transferred to another hospital for heart surgery, the suit claimed. The suit also challenged the decision to transfer to a Philadelphia hospital rather than much-closer Jersey Shore University Medical Center, which was capable of performing the procedure, Zaslow said.

The suit claimed Varma's decision to call off the contrast CT test deviated from the standard of care because a non-contrast test could not reliably diagnose or rule out the existence of aortic dissection. And the suit claimed Shieh's failure to promptly contact Varma and notify him of the test results were a deviation from the standard of care. Anama deviated from the standard of care by not promptly ordering the CT scan with contrast, the suit claimed.

According to Zaslow, defense experts opined that even if Rabkin were diagnosed with an aortic dissection within three hours of his arrival at the emergency room, it still would have taken him six to 10 hours to transfer him to another institution capable of performing the surgery, and therefore he would not have been saved.

The settlement was reached during a settlement conference with Superior Court Judge Craig Wellerson. The terms call for Varma to pay $1.25 million, Shieh to pay $750,000, and Anama to pay $350,000.

Varma's lawyer was Paul Schaaf of Orlovsky Moody Schaaf & Conlon in Long Branch. Shieh was represented by Michael Halpin of Grossman Heavey & Halpin in Brick. Anama's lawyer was Michael Riccardulli of Ruprecht Hart Weeks & Riccardulli in Westfield.

None returned calls about the case.