In her Somerset County suit, Lezcano v. Coleman, Maria Lezcano, 46, of Bernardsville, is to be paid $1.2 million for injuries she sustained after another car struck hers. The settlement was reached on June 2.

Liability was not disputed, according to Lezcano's attorney, Michael T. Heck of Epstein Ostrove in Edison. Heck's managing partner Daniel N. Epstein was designated trial counsel. Combined, they negotiated settlement of the matter.

"The firm is proud to negotiate this settlement for Ms. Lezcano," Heck said in a phone call. "We have been fighting hard to obtain a fair settlement for her injuries and we're happy to bring this matter to conclusion."

Defendants Grace and Dennis Coleman were represented by Edward R. Martin of Martin & Tune in Whitehouse. Martin had no comment.

A State Farm representative confirmed the settlement amount.

According to the police report, Lezcano on Sept. 2, 2016 was in a 2008 silver Ford Focus and traveling south on North Finley Avenue in Bernards Township near the intersection of West Oak Street, when a black 2013 Jeep Wrangler operated by defendant Grace Coleman struck Lezcano's vehicle on the right side. Lezcano stated Coleman pulled out into traffic and did not stop. The Jeep Grace Coleman was driving was registered to a Dennis Coleman, her father.

In the same police report, Grace Coleman, now 24, stated she stopped at the stop sign at West Oak Street and saw that traffic looked clear, and that she was waved on by another vehicle. She admitted she did not totally look left before making her turn onto North Finley Avenue. Coleman suffered no injuries from the impact.

But Lezcano had extensive injuries. She complained of right side pain and was transported to Morristown Medical Center.

Lezcano's doctor, Dr. Joshua Rovner, opined that Lezcano sustained disc herniations at C4-5, C5-6 and C6-7, and said the injuries required an anterior cervical discectomy. Rovner said Lezcano also suffered from disc herniations at L3-4 and L4-5. She was recommended for a lumbar fusion surgery at L3-4 and L4-5 to help ease her chronic and persistent pain, according to Heck.

The defendants' medical expert, Dr. Steven H. Fried, opined that Lezcano most likely sustained soft tissue sprains, and strains to her neck and lower back. Fried further opined that there was nothing to indicate any acute traumatic injuries to Lezcano, and that her cervical surgery addressed the degenerative process seen at those levels. Fried added that he thought the degenerative process should be considered unrelated to the soft tissue injuries that he said  most likely occurred at the time of the accident, according to Heck. In his deposition, Fried said he did not believe Lezcano sustained any permanent orthopedic injuries that could be directly tied to the motor vehicle accident.

Heck said the Colemans had a $250,000 policy and $1 million in excess coverage with State Farm, which covered the entire settlement.

Lezcano signed the release to the insurance carrier and defense counsel for the funds on June 18, according to Heck.

The matter was originally scheduled to go to trial on May 18 in Somerset County Superior Court. Presiding Civil Judge Thomas C. Miller mediated a settlement through a series of conference calls due to COVID-19, which spanned several weeks, according to Heck. 

Heck said Lezcano's life has changed because of the 2016 accident, causing ongoing pain.

"Everyday she tries her best to do the things she used to do before the accident with ease, but it's difficult for her, and the settlement reflects that," said Heck. "She's been greatly affected by the accident, and it's been a tough go for her."

— Suzette Parmley

Settlement Pushes Med Mal Recovery to $1.4M

Estate of Scavetta v. Agresti: Two doctors agreed to pay a total of $1.4 million—including, most recently, an $850,000 portion of the settlement reached in May—to settle a Bergen County medical malpractice suit claiming their failure to diagnose a patient's Hepatitis C caused him to develop liver cancer.

Daniel Scavetta began seeing James Agresti III for general medical care in 2009. Scavetta's history included diabetes, hypertension, and intravenous drug abuse, and he was taking Suboxone, which is used to treat opioid dependence. But Agresti's records never mentioned Scavetta's history of Hepatitis C, said Paul da Costa of Snyder Sarno D'Aniello Maceri & da Costa in Roseland, who represented the plaintiff.

In 2014, Agresti sent Scavetta to a gastroenterologist for a colonoscopy, which revealed polyps. The polyps were removed, and Scavetta was told to return in a year, but Agresti's referral did not mention Scavetta's history of Hepatitis C, da Costa said.

Scavetta had two follow-up colonoscopies in 2015, which revealed 10 polyps in his colon, including one that was too large to remove. Scavetta then saw Joel Nizin, a colonic surgeon, for a colonic resection. As part of the work-up, Nizin ordered a CT scan, which showed a 1.9 centimeter hepatic lesion in the right lobe of the liver and an enlarged spleen. In December 2015, Nizin performed a right hemicolectomy but never took steps to investigate the mass seen on Scavetta's liver, da Costa said.

In January 2017, after Scavetta complained of blood in his urine, a CT scan showed a 4.5 centimeter lesion in the right lobe of the liver. An MRI test later found the mass consistent with a stage IV hepatocellular carcinoma. Physicians determined that Scavetta's cancer was inoperable, and in August 2017 he underwent an MRI, which showed that the cancer had spread into his vertebrae, da Costa said.

Scavetta filed suit in April 2018, claiming Agresti was negligent for not diagnosing and treating him for Hepatitis C, which led to liver cancer. His suit also claimed Nizin was negligent in not following up a lesion in Scavetta's liver. The suit said that due to the combined negligence of the parties, Mr. Scavetta developed liver cancer, which progressed to stage IV with metastasis to his bones, causing him extreme pain, suffering and ultimately his death. Scavetta died on Dec. 11, 2019, at age 66.

Agresti claimed he was not providing internal care to Scavetta and that he only saw him to prescribe Suboxone. Nizin argued that he was aware of the lesion and discussed it with a radiologist, who determined it was benign. But Nizin's account could not be independently confirmed, according to da Costa. Nizin also argued that he told Scavetta of the need for follow-up care and the potential for cancer.

The defendants also contended that, even if Scavetta's cancer had been diagnosed in 2015, it would have still been an inoperable stage IV cancer leading to death, according to da Costa.

NIzin agreed to pay $850,000 to settle the claims against him in late May, and his carrier has not yet made payment. Agresti agreed in March to pay $550,000, and payment was made in April.

Michael McBride of Mattia McBride & Grieco in Fairfield, who represented Nizin, and Wayne Paulter of Rosenberg, Jacobs, Heller & Fleming in Morris Plains, the lawyer for Agresti, did not respond to requests for comment.

— Charles Toutant