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A woman who suffered a traumatic brain injury in a head-on crash received $3.97 million on July 24 to settle her Morris County suit, Ellas v. Cavaliere.

Plaintiff Aliki Ellas was driving north on Bernardsville Road in Mendham Borough on March 28, 2017, when an oncoming car crossed the center line and struck her vehicle head-on. The other driver, Alexander Cavaliere, then 18, could not explain what caused him to lose control of his vehicle, said plaintiff lawyer Todd Leonard of the Todd J. Leonard Law Firm in Denville. Cavaliere pleaded guilty to a charge of careless driving with a civil reservation in connection with the crash, Leonard said.

Ellas was a local realtor who was driving in the course of her employment at the time of the crash, Leonard said. She has been unable to continue in that job, he said. In addition to the traumatic brain injury, Ellas sustained injury to her inner ear, a right humerus fracture, left femur fracture, and right ankle fracture, which required surgery, according to Leonard.

The defendant didn't dispute that she had permanent orthopedic injuries, but disputed the nature and extent of her other injuries, Leonard said.

Ellas' workers' compensation lien was approximately $500,000, according to Leonard.

The parties settled for $3.97 million on June 20 in mediation with Mark Epstein, a retired Superior Court judge now with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick. Payment was received on July 24.

The defendant had an automobile policy with New Jersey Manufacturers with a $500,000 policy limit, and $10 million in excess coverage through Chubb Insurance Co. He was represented by William Cunningham of Kirmser, Lamastra, Cunningham & Skinner in Whitehouse Station, who did not return a call about the case.

— Charles Toutant

$1.16M Med Mal Verdict in Passaic

Ortega v. Saba: A woman who experienced complications during a hysterectomy and claimed that her doctor failed to advise her about alternatives to the surgery was awarded $1.16 million by a Passaic County jury, though a high-low agreement put in place prior to the verdict capped her recovery at $600,000. The $600,000 sum was paid on July 31.

Plaintiff Rosa Ortega was treated by defendant obstetrician-gynecologist Soheil Saba for uterine bleeding, according to her lawyer, Kenneth D'Amato of Sunshine, Atkins, Minassian, Tafuri, D'Amato, & Beane in River Edge. In September 2014, at age 37, she underwent a hysterectomy at St. Mary's Hospital in Passaic, which resulted in a bowel obstruction necessitating a partial colectomy and ileostomy, D'Amato said, noting that the ileostomy was reversed eight months later.

The suit alleged that Saba failed to obtain informed consent for the hysterectomy, and that Saba failed to advise Ortega of other treatments for her condition, such as birth control. The suit claimed Saba should have offered other options because of Ortega's medical history, including renal disease.

Claims against the hospital were withdrawn prior to trial, and claims against another obstetrician-gynecologist involved in the surgery were dismissed by the court during trial.

Saba disputed liability, contended that the surgery was the only effective treatment for Ortega's condition, and that Ortega's preexisting condition from years of dialysis actually caused the bowel blockage, according to D'Amato.

Claims against Saba were tried for three weeks before Passaic County Superior Court Judge Bruno Mongiardo, and the verdict came on July 2. The eight-member jury unanimously found that Saba deviated from the standard of care, and found 7-1 that a reasonable person wouldn't have consented to the surgery if properly advised. The panel also was unanimous in finding that the deviation caused the harm, and that the outcome would have differed if the treatment were different. The jury unanimously awarded $1.16 million for pain and suffering. None of the damages were attributed to Ortega's preexisting condition.

The parties entered into a high-low agreement during jury deliberations, with a $600,000 high and a $100,000 low, D'Amato said. The verdict triggered the $600,000 amount, and Mongiardo entered judgment in that amount on July 26, according to electronic court records.

Saba was represented by Philip Mattia and Haley Grieco of Mattia & McBride in Fairfield. They didn't respond to requests for comment.

— David Gialanella