This special section contains a compilation of the 20 largest personal injury recoveries—settlements as well as verdicts—reported by the Law Journal between Aug. 21, 2018, and Aug. 19, 2019.

This year, the awards total about $189 million, which is within the usual range, if a little on the high side. Last year the total was $207 million, but the year before that, the total topped out at only $97 million.

The largest award this year was a $39 million verdict for pain and suffering awarded to a motorcycle rider who was run over by a car that was drag-racing (though the case subsequently settled for less after the verdict).

The second-largest award, too, was limited—in that case, by a pretrial high-low agreement.

The smallest award in the top 20 this year is $3.25 million.

The average amount of the top 20 awards is $9.47 million.

This year's median recovery is $5 million.

The next tier of recoveries, "More Awards Worth Noting," includes 10 awards that range from $3.22 million to $2.35 million.

As always, the top awards are listed in order of compensatory damages, as of the date of verdict or settlement, even if there were punitive damages as well. Punitive damages awards are not included.

Awards of equal value share a ranking. (For example, there are two cases ranked at No. 11, both in the amount of $5 million). Tied cases are not listed in any particular order.

Awards for multiple parties are ranked by their lump-sum value. Awards are listed according to their original amounts, even if they were subsequently reduced (such as in the case of the first- and second-ranked cases below).

Unilateral decisions by governmental entities to compensate injured parties are not included.

1. Biker Hit by Drag Racers Wins $39M Verdict

Published: Feb. 1, 2019

The $39 million verdict is for pain and suffering. It followed a previous $4.5 million award for medical expenses.

(Update, Aug. 5, 2019: The plaintiff ended the litigation for a $6.3 million payment months after the verdict, the Law Journal reported.)

In a damages-only trial, a Middlesex County Superior Court jury returned a $39 million verdict for the pain and suffering of a motorcycle rider who was run over by a drag-racing car in an Edison industrial park six years ago.

According to lawyers in the case and court documents, plaintiff Hussein Agiz was 18 at the time of the accident. Both his bike and the car exploded into balls of fire, said the lawyers who tried his case, Bruce Nagel and Andrew O'Connor of Nagel & Rice in Roseland.

In Agiz's case against the owner of the 10-acre property, the jury deliberated three hours before reaching the $39 million verdict for pain, suffering, impairment and loss of enjoyment of life. The trial before Judge Michael V. Cresitello Jr. took two days, Nagel said.

Agiz's arm was severed in the crash. Soon after, doctors had to remove his leg. He survived 10 additional surgeries to amputate more and more of his arm and leg to save his life. He had so many other injuries that a doctor testified he was "the definition of multiple trauma," according to a New Jersey Superior Court appellate ruling from last year. He continues to suffer phantom pain from the amputations, but doesn't like to take medication for it because it's not good for him, and isn't helpful, he claimed in the suit.

"He's one of the most inspirational men I've ever met in my life," Nagel said Thursday. "He's worked to put himself through college. He wants to be an advocate for disabled people. He's an inspiration to everyone who meets him. He's an absolutely extraordinary human being."

That judgment will be combined with an award of $4.5 million for medical expenses from an eight-day trial two years ago. There, the jury found property owner Heller Industrial Parks Inc. was negligent and proximately caused the accident.

After that trial, Nagel and O'Connor challenged the noneconomic portion of the 2016 verdict—$2.3 million—on the basis that the jury failed to consider some of the judge's instructions regarding calculating the present value of pain and suffering. The judge agreed, and granted a new trial. The defense appealed, but the Appellate Division in May 2018 affirmed and upheld the order for a new trial on noneconomic damages only.

The math is further complicated by the apportionment of the earlier verdict: 60% to the drag-racing driver—Jonathan Bonilla, who had no insurance, went to prison and defaulted on the lawsuit—and 40% to Heller. Bonilla testified that he never saw Agiz before striking him, documents said.

Nagel said with interest, he expects the final judgment to be about $49 million, with 40%—or nearly $20 million—against Heller.

Heller was defended by William Mergner Jr. and David Dering of Leary, Bride, Mergner & Bongiovanni in Cedar Knolls. They didn't return calls seeking comment.

The complaint was originally filed by Steven Haddad of the Haddad Law Firm in Woodbridge, who is listed in the docket as attorney for Agiz.

The suit alleged that after-hours drag racing had been going on for years in the industrial park, with crowds gathering to watch. The park is a 10-acre property with 9 million square feet of warehouses and long, straight public roads. Agiz had gone there to meet other bikers. He was hit when he was driving through the park and two cars came at him from the opposite direction drag racing, the lawyers and documents said.

Lawyers for Agiz alleged the management of the property failed to take security measures that could have broken up the drag racing.

The appeals court judges, in ordering the new trial for noneconomic damages only, remarked on the unusual achievements of a young man so seriously injured.

"He plays sports and even received a golf scholarship for amputees," the judges noted. "He attends college for biomedical engineering and hopes to make his own prosthetics in the future."

Nagel said Agiz will soon graduate from Rutgers University with an engineering degree. He said he hopes the verdict will give his client "a small measure of comfort in the future."

2. Patient Paralyzed in Rehab Center Fall Gets $28.6M Verdict, But High-Low Deal Limits Recovery

Published: March 14, 2019

An Essex County jury returned a $28.6 million verdict against the Kessler Institute for Rehabilitation Monday on behalf of a patient who became a paraplegic due to spinal injuries suffered when aides moved her from a toilet to a wheelchair.

However, the plaintiff won't recover that amount, thanks to a confidential high-low agreement that was in place during the trial.

Sandra Szell, now 72, claimed in her suit that Kessler employees who assisted her were negligent for failing to safely make the transfer. She also claimed that Kessler was vicariously liable for the negligence of its employees. The suit names three Kessler rehabilitation assistants as individual defendants—Agnes Blaszcyk, Laura Priester and Ronald Thomas—and says that all three deviated from accepted standards of care while making the transfer.

Szell was admitted to Kessler's facility in Chester on Jan. 22, 2015, while recovering from back surgery to treat spinal stenosis, scoliosis and other problems. She sustained a spinal cord injury two days later and has been paralyzed from the chest down ever since.

The verdict was returned following a trial before Judge Robert Gardner.

According to court documents, two doctors and a physical therapist who offered expert testimony on behalf of Szell said she was "yanked" backward into the wheelchair and that the three rehabilitation assistants did not use a safe or proper technique when moving her. Priester later claimed she had no recollection of the incident, and Blaszcyk and Thomas gave widely varying versions of what happened.

The experts said Blaszcyk initially determined she would not need assistance while getting Szell, who weighed 230 pounds, out of bed, into a wheelchair and onto the toilet, but she should not have attempted to perform the maneuver alone. When she was unable to move Szell out of the wheelchair, she summoned Priester. Blaszcyk and Priester moved Szell onto the toilet but later struggled to lift her to get up, according to court documents. Priester then left to summon help and returned with Thomas.

Thomas later testified that he arrived to find the patient in an "uncomfortable position," sliding off the commode and almost on to the floor, according to court documents. But Blaszcyk testified that the patient remained squarely on the commode at all times. Thomas testified that he lifted Szell back onto the commode.

Szell testified that she pulled herself up from the toilet into a standing position but felt she was going to fall, then was "yanked" rapidly backward into the wheelchair by Thomas. She testified that she heard a snapping or a crunch sound but was unsure where it came from. Once she got back in bed, Szell reported a sensation of pins and needles in her feet. The following morning, she said, she was unable to move from just below her chest. She was taken to Morristown Medical Center, where a CT scan showed she had a new spinal fracture.

Szell was represented by Carol Forte of Blume, Forte, Fried, Zerres & Molinari in Chatham. Forte was surprised by the size of the jury award.

"I cannot explain it. I don't know how to account for that number. I guess they felt sorry for her," Forte said. She added that Szell, a former New Jersey resident now living in Florida, testified by Skype because she was unable to travel for the trial.

Forte said the three rehabilitation assistants received training from Kessler on how to perform various tasks such as transferring a patient, but their testimony showed they did not follow prescribed methods for carrying out such tasks.

The jury found that Blaszcyk and Thomas deviated from the standard of care in treating Szell but concluded that Priester did not. The jury apportioned 96% of responsibility for Szell's injury to Kessler's negligent training and that Blaszcyk and Thomas were each 2% responsible. Priester was found not responsible.

The jury awarded $25 million for pain, suffering and loss of enjoyment, $3 million for the cost of Szell's future medical care, $200,000 for the plaintiff's out-of-pocket expenses and $400,000 for past and future care by the plaintiff's family members.

Paul Daly of Hardlin, Kundla, McKeon & Poletto in Springfield represented Kessler and the individual defendants.

Derek Bahl, vice president and senior counsel for litigation at Select Medical in Mechanicsburg, Pennsylvania, owner of Kessler Institute, said in a statement, "While Kessler acknowledges the jury's verdict, the case was in fact resolved during the trial for a confidential sum pursuant to a high-low agreement between the parties that included no admission of liability on the part of Kessler or its employees."

3. Union County Jury Awards $20M in Fetal Brain Injury Case

Published: Dec. 7, 2018

A Union County jury returned a $20 million verdict in a medical malpractice suit, Tapia v. Alam, on Oct. 24, though the plaintiff is to recover $6 million due to the jury's allocation of 70% of the fault to a defendant who settled confidentially before trial.

The jury issued the $20 million verdict against two doctors in a suit claiming their failure to promptly treat fetal distress resulted in the birth of an infant with cerebral palsy.

Maria Tapia gave birth to twins in 2011. One of the infants, a girl named Kylie, developed intrauterine growth retardation, which caused her to lose weight because of insufficient nutrition, according to the suit.

A technician working for maternal fetal medicine specialist Garry Frisoli discovered Kylie's condition in an ultrasound test in the 33rd week of pregnancy, but the report sat in Frisoli's office for four days before it was faxed to Tapia's obstetrician, the suit claimed.

Tapia's lawyer, Dennis Donnelly of the Donnelly Law Firm in Summit, contended that the proper standard of care was to phone the obstetrician and patient immediately after the test results were received. During the delay, Kylie stopped breathing and suffered brain damage, the suit claimed.

Kylie's parents, Maria and Octavio Tapia, sued Frisoli and the obstetrician, who settled on confidential terms four weeks before trial.

Frisoli contended that his actions met the standard of care for a maternal fetal medicine specialist, and he claimed the obstetrician had been negligent. Frisoli also said the real cause of Kylie's condition was a pre-existing disease: neonatal hemocromatosis.

The jury awarded $11 million for Kylie's future care costs, $8 million for her disability and loss of enjoyment of life, and $1 million to her parents for loss of consortium. The jury found the obstetrician was 70% at fault, and Frisoli was 30% at fault.

Kylie, now 11, has profound brain damage, cannot speak and uses a wheelchair, according to Donnelly.

Frisoli's attorney, Michael Keating of Dughi, Hewit and Domalewski in Cranford, said he has filed a motion for a new trial.

4. Fatal House Explosion in Elizabeth Leads to $19.2M Settlement

Published: Feb. 14, 2019

A lawsuit against a New Jersey gas utility over a gas explosion that destroyed an Elizabeth family's home, injured six, and killed two has ended in a $19.2 million settlement.

The settlement, reached between the Henderson family and the utility company, NUI Corp., operating as Elizabethtown Gas, was approved by the court earlier this month.

Six of the family members sustained severe burns from the explosion, while Kimiya and Tyquan Henderson were killed. The plaintiffs argued that Elizabethtown was responsible for the gas leak that ultimately led to the explosion at 1035 Magnolia Ave. on Nov. 11, 2015.

Union County Superior Court Judge Mark Ciarrocca approved the settlement in a document dated Feb. 11. Of the net amount—after attorney fees, funeral expenses, and Medicaid liens were deducted—the settlement is to be divided several ways: 10% to Jennie Henderson's individual claim; 12.5% to Tyeashia Henderson's individual claim; 12.5% to infant Hasson McElroy's individual claim; 20% to the estate of Tyquan Henderson, of which 5% is attributed to the wrongful death claim and 15% to the survival claim; 20% to the estate of Kimiya Henderson, of which 10% is attributed to the wrongful death claim and 10% to the survival claim; and 25% to the estate of Tavasha Henderson, of which 12.5% is attributed to the wrongful death claim and 12.5% to the survival claim, according to settlement documents.

Mazie Slater Katz & Freeman, the plaintiffs' counsel, is "entitled to an attorneys' fee of 29 percent of the gross recovery, less litigation expenses, in excess of $3 million. However, Mazie Slater Katz & Freeman, LLC's attorney fee relating to the individual claim of Hasson McElroy shall be capped at 25 percent," according to Ciarrocca.

"This case was vigorously litigated by all parties and involved very complex legal, factual and medical issues," the Hendersons' court papers said. "Plaintiffs had to pursue the claims of six individual claimants against sophisticated defense counsel, including two national law firms, who aggressively defended NUI and Elizabethtown [Gas's] interests."

David Mazie, an attorney for the plaintiffs, said: "This was a tragic, horrible accident that ripped this family apart. Hopefully, this settlement will allow the family members that survived to bring their lives back to a place where they can get beyond this."

David Field, chairman of Lowenstein Sandler's products liability and specialty torts division, represented NUI and declined to comment on the settlement.

In NUI's answer to the complaint, the defendant denied liability.

"Said damages were caused by the negligence, culpable conduct, intentional and/or wrongful acts of plaintiffs Jennie Henderson, individually and as guardian of Hasson McElroy, and as administrator of the estate of Tyquan Henderson, the Estate of Tavasha Henderson, the Estate of Kimiyha Henderson, and Teyeasha Henderson … and not through any acts of negligence, culpable or wrongful conduct on the part of this defendant," NUI's papers said.

The settlement was reached in mediation with retired Judge Mark Epstein of Hoagland, Longo, Moran, Dunst & Doukas.

Also representing the plaintiffs were David Freeman and Matthew Mendelsohn of the Mazie firm.

5. $10M Settlement for Double Amputation Following Bus Accident

Published: Sept. 24, 2018

A West Orange woman has received $10 million in Dertouzos v NJ Transit as compensation for having both legs amputated after being run over by a public transit bus.

Plaintiff Claire Dertouzos, now 65, received her settlement funds from defendant NJ Transit on Sept. 10., 2018, according to one of her attorneys, Michelle Greenberg.

Greenberg, of Frier Levitt in Pine Brook, handled the case along with Jonathan Levitt, a partner at the firm.

Dertouzos was injured on May 28,  2016, while crossing Mount Prospect Avenue at Heller Parkway in Newark, according to Greenberg.

The bus, driven by NJ Transit employee Erick Estil, was making a left turn. The lawsuit, filed in Essex County Superior Court, alleged that Estil didn't see Dertouzos crossing the street in the crosswalk before striking her, Greenberg said.

The rear wheels of the bus ran over Dertouzos' legs, causing such extensive damage that both legs had to be amputated above the knees, Greenberg said, noting that Dertouzos now is confined to a wheelchair.

NJ Transit, which is self-insured, retained Thomas Hart of Ruprecht, Hart, Weeks & Ricciardulli in Westfield. He did not return a call about the case.

Superior Court Judge Bridget Stecher had been assigned to the case, but there had been no trial date scheduled, Greenberg said.

The case settled after mediation with retired New Jersey Superior Court Judge Eugene Codey of Connell Foley.

6. Work Site Fall Yields $7.68M Award in Middlesex County

Published: Feb. 4, 2019

A worker who fractured several vertebrae in an on-the-job fall was awarded $7.68 million on Jan. 15 in Schultz v. Atlas Homes LLC.

The jury's apportionment of some liability to the plaintiff reduced the sum, though the plaintiff now is seeking interest, fees and costs.

According to the plaintiff's lawyer and electronic court documents, on April 27, 2015, plaintiff Duane Schultz was working at a residential construction site in Spotswood for a subcontractor to defendant Atlas Homes, the North Brunswick-based builder that owned the property and the general contractor at the site. While working on the second floor, Schultz fell backwards off the building, about 20 feet, said Schultz's lawyer, James Pagliucaof Gill & Chamas in Woodbridge.

Schultz was hospitalized with three total vertebral fractures at the thoracic and lumbar levels and four rib fractures, and underwent a three-level fusion with the implantation of rods and screws, Pagliuca said.

The suit named Atlas and its owner, Arthur Lauri II. It claimed that the defendants violated Occupational Safety and Health Administration standards by failing to use fall-protection measures and temporary railings at the site. The defendants contended that the plaintiff's own negligence contributed to the fall, and contended that it was the subcontractor's responsibility to ensure the use of worker safety measures, according to documents.

After a six-day trial before Middlesex County Superior Court Judge Lisa Vignuolo, the seven-member jury attributed 85% of the fault to the defendants and 15% to Schultz, and awarded $7.5 million in non-economic damages. The judge added $177,709 in past medical expenses. Schultz's liability reduced the verdict to $6.53 million.

A proposed order of judgment filed by Pagliuca on Jan. 17 seeks $697,305 in prejudgment interest, as well as attorney fees and costs, based on the offer-of-judgment rule because the verdict was more than 20% higher than a $1 million offer of judgment made by the plaintiff in 2016, according to documents.

The defendants were covered by Cumberland Mutual Fire Insurance Co. and defended at trial by William Bloom of Methfessel & Werbel in Edison. Bloom didn't return a call about the case.

Pagliuca handled the case along with Andrew Chambarry of the same firm.

7. $6M Settlement Resolves Litigation Over Triple-Fatal Route 9 Wreck

Published: Jan. 21, 2019

A $6 million global settlement was reached on Dec. 7, 2018, in three Middlesex County suits stemming from a motor vehicle accident that killed three people. The caption is Estate of Kleiman v. Estate of Fairchild.

According to lawyers involved in the litigation, William Fairchild was driving south on Route 9 in Old Bridge on March 5, 2016, when his Ford Escape crossed the grassy center median and collided head on with a northbound Honda Accord driven by Hope Wells, 37. Fairchild, Wells and a passenger in Wells' vehicle, Charles Kleiman, 62, were all killed in the crash. Kleiman's mother, Lillian Kleiman, 86, and his wife, Dorothy Slattery, 62, who were also in the Honda, were seriously injured.

Fairchild, 45, was employed by Mountain Millwork of Bayville, which owned the vehicle he was driving. An autopsy revealed Fairchild had marijuana and tramadol, a narcotic pain reliever, in his system at the time of the crash, said Gabriel Halpern of Pinilis Halpern in Morristown, who represented Lillian Kleiman.

Slattery, Lillian Kleiman, and the estates of Wells and of Charles Kleiman, filed suits against Fairchild and Mountain Millwork.

Lillian Kleiman sustained a collapsed lung and fractures of the spine, ribs and legs. She was hospitalized and in a rehabilitation center for six months after the crash, and died two years later, according to Halpern.

Slattery sustained fractures of the left arm, spinal fractures and broken ribs. She had four surgical procedures in the weeks after the crash, according to Andrew Calcagno of Calcagno & Associates in Cranford, who along with Glenn Farrell of the same firm represented Slattery and the estate of Charles Kleiman.

Mountain Millwork didn't dispute liability and tendered its $1 million underlying policy and a $5 million umbrella policy with Selective Insurance, according to Calcagno.

The three suits were settled during mediation on Dec. 7, 2018, with Jack Lintner, a former presiding Appellate Division judge now with Norris McLaughlin.

Under the settlement, Slattery and the estate of Charles Kleiman jointly received $4.2 million; the estate of Wells received $1 million; and Kleiman received $800,000, according to Calcagno.

Halpern confirmed the settlement.

The lawyer for Wells' estate, Douglas Burns of Kraemer Burns in Springfield; and Louis DeMille Jr. of Zirulnik, Sherlock & DeMille in Hamilton, who represented Mountain Millwork and the Estate of Fairchild, did not return calls about the case.

8. Work Site Fall Leads to $5.6M Settlement in Union County

Published: Oct. 1, 2018

A roofer who suffered a traumatic brain injury in a 40-foot fall agreed to a $5.6 million settlement in his Union County suit, Smith v. Blue Rock Construction, on April 27.

Russell Smith, who worked for Wolfe Roofing & Sheet Metal, was installing skylights on a commercial building in Elizabeth on Aug. 5, 2013, when he fell to the ground. Smith, then 53, sustained fractures to the right wrist, forearm, left thigh bone, left lower leg and sacrum, in addition to a brain injury. He underwent multiple surgeries for the orthopedic injuries. The fall left him in need of assistance with activities of daily living, which are provided by his wife and a health care assistant, his suit claimed.

According to Smith's lawyer, Peter Chamas of Gill & Chamas in Woodbridge, Smith's foreman, Michael Bonte, said he gave Smith instructions to stop cutting a hole to accommodate a skylight, and to secure himself with a harness and lanyard before doing any more work. Immediately after giving those instructions, the foreman was walking away when he heard a noise, turned around, and saw Smith falling through the roof, Chamas said.

The owner of the building, Elizabeth Sullivan LLC, had contracted with Blue Rock Construction Inc. to construct the building, and that company contracted with Wolfe Roofing and Sheet Metal to install the roof, he said.

Smith sued Elizabeth Sullivan LLC and Blue Rock; Blue Rock brought a third-party complaint for insurance coverage and indemnification against Wolfe Roofing & Sheet Metal.

After two days of mediation with former Appellate Division Judge John Keefe of the Keefe Law Firm in Red Bank, the parties reached a settlement. Its terms call for CNA, insurance carrier for Wolfe Roofing & Sheet Metal, to pay $4.81 million, and for Travelers, carrier for Blue Rock, to pay $812,500, according to Chamas.

CNA, which was also the workers' compensation carrier for Wolfe Roofing, agreed to waive the $1.8 million workers compensation lien. In addition, Smith will be required to establish a set-aside Medicare account for $478,000, he said.

Smith also was represented by William Bock, of Gill & Chamas.

Elizabeth Sullivan LLC was represented by Joseph Gaul of Gaul, Barratta & Rosello in Cedar Knolls; Blue Rock, by William Mergner of Leary, Bride, Tinker & Moran in Cedar Knolls; and Wolfe Roofing, by Jack Farrell and Jonathan Weiss of Marshall, Dennehey, Warner, Coleman & Goggin in Philadelphia.

The defense lawyers did not return calls about the case.

9. Hangar Collapse at Morristown Airport Yields $5.3M Settlement for Injured Worker

Published: Dec. 14, 2018

A former steel worker from Toms River will receive $5.3 million as compensation for injuries he sustained when an under-construction airport hangar where he was working collapsed. The case is Collier v. Airport Road Construction.

The plaintiff, Richard Collier, now 36, and the carriers for the three defendants contributing to the settlement agreed to the settlement on Nov. 15, said Collier's attorney, Raymond Gill Jr.

The lawsuit was filed in Middlesex County Superior Court and was scheduled to go to trial in January, said Gill, of Gill & Chamas in Woodbridge. The case had been managed by Superior Court Judge Vincent LeBlon.

Collier was injured on Jan. 16, 2015, while working on the construction of the hangar at Morristown Municipal Airport. The hangar was being built by Airport Road Construction; a subsidiary and general management company, Airport Road Construction Management; Collier's employer, subcontractor 360 Steel Erectors; and several other subcontractors, Gill said.

When the structure collapsed, Collier fell about 40 feet to the ground, according to the lawsuit, which alleged that the collapse occurred because the building had not been properly braced.

Collier sustained multiple pelvic fractures, multiple right leg fractures, rib fractures and a right leg popliteal injury, all of which required surgeries to repair, Gill said, adding that Collier has been declared disabled and has not been able to return to work.

Travelers Insurance Co. provided coverage for the Airport Road defendants, while Western World Insurance Co. provided coverage for Monmouth Equipment Sales. Gill declined to provide a breakdown as to how much each carrier will pay of the $5.3 million sum.

Airport Road Construction Management was represented by Douglas Sanchez of the Woodcliff  Lake office of Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet. William Staehle, who heads a firm in Morristown, represented Airport Road Construction. Carl Perrone of Iaciofano & Perrone in Morristown represented Monmouth Equipment Sales. None returned calls about the case.

Collier's award will be offset by a $700,000 workers' compensation lien, Gill noted.

10. Essex County Misdiagnosis Case Yields $5.1M Accord

Published: June 28, 2019

A $5.1 million settlement has ended Ryan v. Shih, an Essex County medical malpractice suit on behalf of a woman whose stroke was misdiagnosed as a psychiatric episode.

Patricia O'Brien was brought to Morristown Medical Center on Nov. 9, 2013, after experiencing shortness of breath, confusion and incoherence. Then 53, O'Brien complained of a dull headache and an altered mental status. She was first seen by a doctor two hours after arriving and was placed under psychiatric observation. Her condition deteriorated, and she was sent for a CT scan of the head six hours after arriving at the hospital. Throughout this time, her family repeatedly informed the medical staff that they believed she was having a stroke, according to their lawyer, Bruce Nagel.

After she was diagnosed with bleeding and fluid retention of the brain, she was taken to another hospital for treatment, said Nagel, of Nagel Rice in Roseland, who was assisted by Susan Connors of the same firm.

O'Brien, who worked full time before the incident as a driver for the disabled, suffered severe cognitive damage as a result of the delayed treatment, according to Nagel. She now lives in a group home with 24-hour supervision. Experts for the plaintiffs said it was a deviation from the standard of care to ignore the signs of a stroke and to provide only a psychiatric evaluation. Those experts opined that if a CT scan of the head had been ordered earlier, O'Brien likely would have received faster treatment and would have avoided the catastrophic injury that occurred, according to Nagel.

Following mediation with former Superior Court Judge Mark Epstein of Hoagland, Longo, Moran, Dunst & Doukas, a settlement was reached in July 2018 for $5.1 million with two emergency room nurses, Lorraine Kane and Tanya Paolari Santoro, as well as first-year resident physician Patrick Zimmerman and Morristown Medical Center. A friendly hearing and allocation of the settlement was held Dec. 12, 2018 by Superior Court Judge Bahir Kamil. Payment from the defendants was received by Nagel Rice as of Jan. 8, 2019, the lawyers said.

The case is still proceeding against several other defendants, said Nagel,

Peter Marra of Schenck, Price, Smith & King in Florham Park represented Santoro. Anthony Cocca of Cocca & Cutinello in Morristown represented Kane, Zimmerman and Morristown Medical Center. They did not return calls about the case.

11. (TIE) Essex County Jury Delivers $5M Verdict for Fall at Wells Fargo Branch

Published: April 18, 2019

In Sklar v. Wells Fargo, an Essex County jury on March 14 delivered a $5 million verdict to a Livingston man and his wife after the man fell on ice at a Wells Fargo Bank branch, permanently injuring his spine.

According to his lawyers at Laddey, Clark & Ryan in Sparta, the man, Bernard Sklar, claimed that he slipped and fell in 2017 on clear ice that had formed on a walkway at a Wells Fargo Bank branch in Livingston.

The dangerous ice had collected at the Wells Fargo branch because of gutter-drainage issues, the lawyers said.

As a result of his fall, Bernard Sklar, who was 72 years old at the time, suffered severe and permanent spine damage, the lawyers also said.

The Essex County Superior Court jury's verdict, delivered on March 14, placed 90 percent liability on Wells Fargo Bank and 10 percent liability on Martin O'Boyle Landscaping Inc., which was a company Wells Fargo had used for snow and ice control services at its Livingston branch building, according to a news release and a Laddy Clark spokesman.

The jury awarded $4 million in compensation for Bernard Sklar's pain, suffering, disability, impairment, and loss of enjoyment of life, along with $1 million for Ann Sklar's loss of consortium, the attorneys said.

The Sklars were represented in the negligence case by partner Andrew Fraserand associate Tiffany Heineman at the Laddey Clark firm. They were also represented by Martin Liberman of Morristown, the release said.

Essex County Superior Court Judge Thomas Vena presided over the case and trial.

"It is clear the jury listened carefully to the evidence, followed Judge Vena's instructions on the law, and did as best as they could to compensate Bernie and Ann for the damage inflicted upon their lives through no fault of their own," Fraser said in a statement.

Added attorney Heineman, "We are so thankful to the men and women from our community who took time out of their lives to serve as jurors in this case. The fact that they return to the courthouse day in and day out to help administer justice is not lost on us as we try our case."

Brian Kalman, a partner at London Fischer in New York, represented Wells Fargo Bank, and he could not be reached for comment.

Joseph Reardon of Leary Bride Mergner & Bongiovanni in Ceder Knolls represented Martin O'Boyle Landscaping. He also could not be reached.

11. (TIE) Med Mal Case Against Rutgers Over Back Surgery Ending in Paralysis Settles for $5M

Published: May 17, 2019

A woman rendered paralyzed during a 2015 back surgery was paid a $5 million settlement in her Middlesex County medical malpractice suit, Doglio v. Rutgers Medical School, on May 6.

The settlement, reached Feb. 8 on the eve of trial, was paid by the state to resolve claims against the neurosurgeon who performed the surgery and his employer, Rutgers Medical School.

According to electronic court documents and an attorney in the case, on Jan. 28, 2015, plaintiff Jaime A. Doglio, then 39, underwent a laminectomy at Robert Wood Johnson University Hospital in New Brunswick. The surgery was to treat mid- and lower-back pain and numbness, said her lawyer, Michael F. Lombardi of Lombardi & Lombardi in Edison.

Doglio awoke in the recovery room paralyzed from the mid-back down, and it was revealed that during the surgery, she sustained an injury to the spinal cord at the thoracic level. She now uses a wheelchair full time, has a permanent catheter, and requires around-the-clock care, Lombardi said.

The suit, filed in October 2015, according to the record, claimed that defendant Michael Nosko, chief of neurosurgery for Rutgers Medical School, acted negligently. The suit claimed Nosko failed to sufficiently monitor Doglio during the surgery and contended that a laminectomy is rarely performed at the thoracic level because of the risks of complications, according to Lombardi, who handled the case along with Nicole M. Lombardi of the same firm.

Doglio's husband, Stephen A. Doglio, asserted a per quod claim.

The defense denied liability on Nosko's part and contended that Doglio's injury was a complication of the surgery, according to Lombardi.

Nosko, Rutgers Medical School and the plaintiffs settled during a Feb. 8 conference with Middlesex County Superior Court Judge Michael Cresitello Jr. The suit was to go to trial on Feb. 25, documents noted.

A dismissal order signed by both sides was entered on Feb. 8 and signed by Cresitello.

Robert Evers of Marshall, Dennehey, Warner, Coleman & Goggin in Roseland, who represented the defendants, didn't return a call about the settlement.

13. Postal Service Pays $4.9M to Settle Case Over Child Killed by Truck

Published: Jan. 28, 2019

A suit in U.S. District Court over an accident in which a U.S. Postal Service vehicle killed a two-year-old, Chacon v. U.S. Postal Service, ended in a settlement for $4.9 million that was paid on Jan. 15.

Ana Chacon crossed Rahway Avenue in Elizabeth in a crosswalk on July 20, 2015, when she was struck by a Postal Service vehicle driven by Joseph Collins. Collins was turning right onto Rahway Avenue from Chilton Street when he struck Chacon and her grandchildren. He apparently did not look to the right before making the turn, said Eric Kahn of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield, who represented the plaintiffs.

In addition, there was evidence that Collins was using a mobile phone just before the crash, Kahn said.

At the time of the crash, Chacon was carrying her 2-year-old granddaughter, Sofia Flores, in her left arm, and using her right hand to hold the hand of her four-year-old grandson, Jacob Flores.

Chacon was severely injured as a result of being struck. She managed to push Jacob out of the way, but Sofia was thrown to the pavement and killed.

A suit sought recovery for loss of companionship of Sofia, and medical and burial expenses; psychological trauma for Jacob from viewing the death of his sister, and the injury of his grandmother; and the injuries suffered by Chacon, including lower extremity fractures and mild traumatic brain injury.

Following mediation with former U.S. District Judge Dennis Cavanaugh, now with McElroy, Deutsch, Mulvaney & Carpenter in Morristown, the parties agreed to settle for $4.9 million. Chacon will receive $3 million; the estate of Sofia Flores will receive $1.3 million; and Jacob Flores will receive $600,000. U.S. District Judge Kevin McNulty of the District of New Jersey approved the settlement, including legal fees not to exceed $1.225 million; $65,917 in costs; and $436,138 in medical liens.

The settlement was approved by the Department of Justice on Dec. 18, 2018, and payment was received on Jan. 15, Kahn said. He handled the case along with Scott Sinins of his firm.

The United States was represented by Assistant U.S. Attorneys Jordan Anger and Kristin Vassallo. A spokesman for the U.S. Attorney's Office confirmed the settlement.

14. Paralympian Skier's Hotel Fall Leads to $4.75M Settlement in Middlesex

Published: March 15, 2019

A former competitive skier who slipped and fell in a hotel lobby agreed to a $4.75 million settlement in her Middlesex County suit, Dembitzky v. Hampton Inn Woodbridge, which was approved last Dec. 18.

When plaintiff Julie Dembitzky of Mirror Lake, New Hampshire, stepped off an elevator at the Hampton Inn in Woodbridge on March 26, 2015, the floor was wet, and she fell and landed on her right knee. Dembitzky was born without a left leg, and her prosthetic leg was broken when she fell. She suffered no broken bones but was diagnosed with a permanent injury to the articular cartilage of the right knee, requiring three surgical procedures, the suit claimed.

As a result of the injury, she is now limited in her ability to perform certain maneuvers that allowed her to get around her home and office without her artificial leg, which cannot be worn 24 hours per day, said her attorney, James Martin of Martin, Kane & Kuper in East Brunswick. She also has difficulty walking, standing, retaining her balance and negotiating stairs or uneven surfaces, Martin said. And she is no longer able to ski from a standing position and is learning to master "sit-skiing," according to Martin.

Dembitzky, now 50, is a former member of the U.S. Paralympian Ski Team, who competed in downhill and slalom events and won three gold medals during her late teens, Martin said.

Dembitsky worked as a software trainer at the time of the accident, but her employer dismissed her after the injury because she could not travel, according to Martin. She took a new job that allowed her to work from home, but which paid less and provides no benefits, he said.

An employee at the hotel mopped the floor in front of the elevator shortly before the accident, and placed signs warning of the wet floor, but not in a position where they would be seen by people getting off the elevator, the suit claimed.

Dembitzky filed suit against Hampton Inn Woodbridge, Delco Development and Woodbridge Hotel Investors.

The hotel defendants claimed that warning signs were set up near the elevator that were sufficient to warn people stepping out of the elevator of a hazard, according to Martin. The defendants also said Dembitzky was not sufficiently cautious when stepping off the elevator, he said.

The parties agreed to the $4.75 million settlement on the eve of trial in November 2018. On Dec. 18, Superior Court Judge Jamie Happas approved the settlement, which included $1.5 million that was placed in a structured settlement to help the plaintiff pay for the periodic replacement of her prosthetic leg, according to Martin.

The defendants paid the cash portion of the settlement on Jan. 5, 2019.

Lynn Hershkovits-Goldberg of Viscomi & Lyons in Morristown, who represented the defendants, declined to comment on the case.

15. Sanitation Worker Recovers $4.35M in Ocean County for Loss of Leg

Published: July 12, 2019

A man whose left leg was amputated after he was struck by a commercial vehicle agreed to a $4.35 million settlement in his Ocean County suit, Bland v. Unique Scaffolding Systems, on June 20.

Lamar Bland, now 28, was working as a sanitation worker for the Borough of Point Pleasant on Oct. 2, 2018, when he was struck by a vehicle owned by Unique Scaffolding Systems of Kenilworth and operated by Juan Jorge, a company employee. The crash left Bland pinned between the Unique Scaffolding systems vehicle and the garbage truck. He sustained a fracture of the left tibia and fibula, and a displaced left femoral fracture. After multiple operations in an effort to save the leg, Bland ultimately had his leg amputated below the knee, according to Norman Hobbie of Hobbie, Corrigan & Bertucio in Eatontown, who represents Bland.

Jorge said he did not see Bland because he had taken his eyes off the road to reach for his cup of coffee, and he also claimed his vehicle's windshield was fogged up at the time of the crash, but he admitted seeing flashing yellow lights on the rear of the trash truck, according to Hobbie. The defendants asserted that Bland was not wearing reflective garb at the time of the crash, contrary to Point Pleasant policy, Hobbie said.

Bland has been unable to work since the crash, and has suffered serious physical pain and loss of enjoyment of life, the suit claimed.

The settlement was reached after a mediation with Eugene Codey Jr., a former Superior Court judge with Connell Foley in Roseland. The settlement includes $1 million from Unique Scaffolding Systems' primary policy with Nationwide, and $3.35 million from an excess carrier, Gotham Insurance, which had $5 million in coverage, according to Hobbie.

The defendants were represented by Donald Bigley of the Law Offices of Charles Little in Moorestown, under the primary policy, and Frank Kontley of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, under the excess policy. They did not return calls about the case.

16. Motorcyclist Gets $4.25M Settlement in Accident With Van

Published: Sept. 17, 2018

In a Middlesex County suit, Kowaleski v. Spectraserv, a Manville man has received $4.25 million as compensation for injuries he sustained when a van collided with his motorcycle.

Plaintiff Travis Kowaleski, now 32, received his settlement funds on Aug. 22, said his attorney, Daniel Epstein.

Kowaleski agreed to the settlement with defendant Spectraserv Inc. and its driver, James Miele, on July 25, after an arbitration hearing, said Epstein, of Epstein Ostrove in Edison.

The lawsuit, filed in Middlesex County, was mediated by retired Superior Court Judge Frank Ciuffani, now with Woodbridge's Wilentz, Goldman & Spitzer, according to Epstein.

Kowaleski was injured on May 28, 2016, as he was traveling on Union Avenue in Bridgewater. The Spectraserv van was attempting to make a left turn in front of Kowaleski when the two vehicles collided, Epstein said.

As a result of the accident, Kowaleski sustained a broken left forearm and left leg that required multiple surgeries, Epstein said. The suit claimed Kowaleski continued working as a retail clerk but was forced to work fewer hours, and will likely be able to work fewer years.

A defense expert agreed that the accident caused Kowaleski's injuries, but disputed the duration of the injuries, according to Epstein.

Robert Dunn of New York's Lester Schwab Katz & Dwyer, for the defendants, confirmed the amount of the settlement.

17. Surgery Yields $4.2M Settlement in Atlantic County

Published: July 19, 2019

A $4.2 million settlement was reached on July 3 in Niedzwiadek v. Anmuth, the Atlantic County case of a Southampton woman who died following routine neck surgery after the physician who was supposed to be monitoring her signals remotely allegedly was out driving and making phone calls.

According to court documents and an attorney in the case, on Oct. 22, 2013, Margaret Mary Niedzwiadek, a 59-year old mother and grandmother, had a spinal disc and fusion procedure performed at AtlantiCare Regional Medical Center in Atlantic City.

Intraoperative neuro-monitoring used to assess functional integrity of the brain, brain stem and spinal cord, showed concerning and diminishing signals beginning about 40 minutes into the procedure, the suit claimed, based on records and testimony from Dr. Craig J. Anmuth, D.O.

The suit claimed neither Anmuth nor Robert Perro, the neuro-monitoring technician inside the operating room, reported the signal change to surgeons.

The plaintiffs' medical expert said the position of the patient's neck likely cut off blood flow, which could have been easily remedied had the surgeons been informed. According to the suit, evidence showed that Anmuth, a specialist in electro-diagnostic medicine and medical director of defendant Bacharach Institute for Rehabilitation, had not been monitoring remotely.

Anmuth testified that he had been monitoring from the start of surgery, and that his internet connection must have been lost, leaving his laptop screen frozen without his realizing it.

Niedzwiadek never awoke from surgery and remained in a coma for nearly two months before she died.

Michael A. Trunk of Kline & Specter in Philadelphia represented Niedzwiadek's son, David J. Niedzwiadek, the administrator of her estate. The suit, filed in 2015 in Camden County, was later transferred to Atlantic County before Superior Court Judge Christine Smith.

Anthony Tracy of Ronan Tuzzio & Giannone in Tinton Falls represented Anmuth. Tracy could not be immediately reached for comment. Personal counsel for Anmuth was Paul R. D'Amato of the D'Amato Law Firm in Egg Harbor Township. D'Amato had no comment.

Counsel for Perro was James B. Sharp of Wilson Elser Moskowitz Edelman & Dicker in Florham Park. Sharp was not available for comment.

Counsel for AtlantiCare Regional Medical Center Inc. and AtlantiCare Health System Inc. was Epiphany McGuigan of Fox Rothschild in Atlantic City. McGuigan did not return a call.

Timothy Zanghi of Crammer, Bishop & O'Brien in Absecon represented the Bacharach Institute for Rehabilitation and could not be reached for comment. Jane S. Kelsey of Weber, Gallagher, Simpson, Stapleton, Fires & Newby in Bedminster represented Perro's employer, Neuromonitoring Technologies Inc. She could not be reached for comment.

Trunk and physician-attorney Gary Zakeosian, also of Kline & Specter, said they discovered evidence that showed Anmuth had been driving his car when the surgery started. Cellphone tower records showed Dr. Anmuth made or received seven phone calls during the surgery, despite testifying he didn't use his phone at all during the operation, they said.

A forensic analysis of Anmuth's computer and subpoenaed records from his virtual private network provider also showed that he was not logged into the surgery until nearly 50 minutes after it had begun, the suit claimed.

A forensics expert retained by Kline & Specter also determined that Anmuth had used anti-forensic software multiple times to purge his computer of all evidence from that day, Trunk said.

The $4.2 million settlement was reached as the Superior Court in Atlantic County was set to hear argument on the plaintiff's motion to add claims for punitive damages against Anmuth, Perro, and their employers.

The settlement included $2 million from Anmuth; $1 million from his employer, Bacharach Institute for Rehabilitation; $1.1 million from Perro and his employer, Neuromonitoring Technologies Inc.; and $100,000 from AtlantiCare Regional Medical Center.

"This was the most egregious case of malpractice I've seen in my nearly two decades of practicing law," said Trunk in a statement. "None of the health-care providers would tell this poor family what really happened to their mother, and I'm grateful that our more than five-year investigation and prosecution of this case uncovered the truth and provided closure to the family."

A provision of the settlement was that Anmuth agreed to cease all neuro-monitoring activity for at least one year, Trunk said. "The Niedzwiadeks want to make sure no other family has to endure the needless loss of a loved one, as happened here."

18. Bergen Jury Awards $3.65M to Country Club Golfer Struck by Cart

Published: Aug. 02, 2019

A man who was injured by a golf cart at the Alpine Country Club was awarded $3.65 million in compensation by a Bergen County jury on July 19.

Plaintiff Mario Zaburski sued defendant Jerome Klein, the driver of the golf cart. The jury's verdict consisted of $1 million in damages for pain and suffering, $150,000 for future medical expenses and $2.5 million for the economic wage losses.

Evan Lide of Stark & Stark in Lawrenceville, counsel to Zabruski, said: "The jury understood that when Mario Zaburski was struck by the golf cart, he sustained permanent injuries that would forever impact his capacity to work."

According to the complaint, Klein's cart hit Zabruski as he was walking away from the 9th hole on July 24, 2015. The cart hit his right knee, and the impact knocked him on his back. He sought medical attention after noticing leg instability a week after the accident.

A statement from the firm detailed the extent of Zaburski's injuries: "An MRI showed two disc herniations and a preexisting condition of spondylothesis, which did not respond to epidural and pars injections. The spondylothesis, originally a latent condition, was rendered traumatic and symptomatic due to the injury caused by the golf cart driver. Consequently, due to the leg weakness and motor issues with his right leg, Mr. Zaburski required a spinal fusion of the disc herniations.

"He had taken time to recover via his employer's disability benefit, and exhausted his time afforded by FMLA, when he was terminated from his position in November 2016, just three weeks before he was cleared to return to work. Mr. Zaburski had been a financial analyst with his employer for nearly 17 years at the time of his termination. Thereafter, his injuries prevented him from obtaining a similar position, and as an expert earning capacity witness testified at the trial, Mr. Zabruski's earning capacity was significantly reduced, with a wage loss of $2.5 million."

Lide said the defendant admitted liability but "heavily disputed the nature and extent of plaintiffs injuries." He said, "They conceded that he suffered a knee injury but that it was a bruise and no big deal. They disputed the back injury because there were no immediate complaints of back pain."

Klein's counsel, Brian Lehrer of Schenck, Price, Smith & King in Florham Park, did not respond to a request for comment.

19. Struck Bicyclist Gets $3.6M Jury Verdict in Middlesex

Published: Oct. 15, 2018

In Gonzalez v. Feldman, a Middlesex County jury awarded $3.6 million on Sept. 21 to a man who was struck by a car while crossing Route 18 in New Brunswick on a bicycle.

Abimael Gonzalez, now 42, was crossing the highway near Paulus Boulevard in New Brunswick in the early morning hours of July 15, 2015, when he was struck by a southbound car driven by Leslie Feldman, according to his suit.

Gonzalez's lawyer, Greg Stathis of Stathis & Leonardis in Edison, said Gonzalez was returning home from a friend's house, and acknowledged consuming two beers earlier in the evening, but claimed the road was clear when he crossed. Feldman, a nurse at a local hospital who was working a night shift, was driving within the speed limit and was not using her mobile phone at the time of the accident, and said she never saw Gonzalez before striking him with the left front fender of her car, according to Stathis.

Gonzalez suffered fractures to his skull, right hip, pubic bone and lumbar vertebrae, and a ruptured bladder, requiring orthopedic and abdominal surgery. Gonzalez is a cook at a restaurant in New Brunswick, but he was off the job for four months after the accident and now works a reduced schedule, Stathis said.

Gonzalez's suit went to trial after Feldman's insurance company, New Jersey Manufacturers, offered him a $25,000 settlement, which he rejected, Stathis said. Following four days of trial before Superior Court Judge Patrick Bradshaw, the jury awarded Gonzalez $3.6 million.

Feldman's auto policy limit is $300,000, but Stathis said he is considering a claim that declining to increase the settlement offer beyond $25,000 was done in bad faith.

Rita Barone of Purcell, Mulcahy & Flanagan in Bedminster, who represented Feldman, did not respond to a reporter's call about the verdict.

20. Highway Worker Hit by Dump Truck Settles for $3.25M in Camden County

Published: Aug. 16, 2019

A construction laborer who was left permanently disabled after a dump truck drove over his legs agreed to a $3.25 million settlement in his Camden County suit, Leon v. Shuhart, on July 1.

Michael Leon, now 46, of Camden, was working at a jobsite along the New Jersey Turnpike in East Windsor on Sept. 23, 2013, when a dump truck delivering asphalt backed into him, driving over both his legs and pinning him under the passenger-side rear tires, said plaintiff lawyer Jason Daria of Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig. Daria represented the plaintiff along with the firm's John Dodig.

Leon was employed by Union Paving, the general contractor on the project. The truck that hit Leon was owned by M.L. Ruberton Construction Co., a subcontractor, and was driven by Joseph Shuhart, an employee of Aqua-Tex Transport, which was a subcontractor to Ruberton.

The suit claimed Shuhart failed to use a spotter while backing up—a violation of the New Jersey commercial driver license manual, the operator's manual for the truck, and the safety manuals of Aqua-Tex, Ruberton and Union Paving, according to Daria. Shuhart, who was hired two months before the accident, had no experience operating a dump truck, and was not provided any training on the safe operation of the vehicle, Daria said.

Leon sustained crush injuries and compression neuropathy to his lower legs, as well as complex regional pain syndrome, post-traumatic stress disorder, depression and post-traumatic osteoarthritis. He has undergone multiple surgeries and procedures, and is permanently disabled and unable to work, according to the suit. He is able to walk with the assistance of a cane, Daria said.

M.L. Ruberton, Aqua Tex and Shuhart, who had coverage from the same insurance carrier, jointly agreed to settle for $3.25 million, according to Daria.

The lawyer for M.L. Ruberton, Aqua Tex and Shuhart, Geri Jaffee of Marks, O'Neill, O'Brien, Doherty & Kelly in Cherry Hill, did not return a call about the case.