Case Results | Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

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Verdicts and Settlements Secured for Our Clients

We have listed below some of the verdicts and settlements we have won for our clients. Keep in mind, however, that no two cases are alike, meaning that no two results are alike.

Medical Malpractice

$46.2 million medical malpractice
$46 million wrongful death/malpractice
$27.5 million medical malpractice
$27.5 million medical malpractice
$13.2 million wrongful death/malpractice
$8.1 million medication error
$8 million infant medical malpractice
$7 million wrongful death/medical malpractice
$5.25 million medical malpractice
$4.7 million medical malpractice
$4.65 million medical malpractice
$4.3 million blood contamination
$4 million medical malpractice/failure to diagnose
$4 million medical malpractice
$3.95 million infant medical malpractice
$3.5 million medical malpractice
$3.4 million medical malpractice
$3 million medical malpractice
$3 million medical malpractice
$2.6 million medical malpractice
$2.4 million medical malpractice
$2.4 million experimental medical procedure
$2.35 million wrongful death/medical malpractice
$2.2 million medical malpractice

Auto Accidents

$7.8 million auto accident
$7 million auto accident
$6 million auto accident
$5.8 million auto accident
$5.05 million auto accident/death
$5 million auto accident
$3.5 million auto accident/death
$3.2 million auto accident
$3.2 million auto accident
$2.5 million auto accident/death
$2 million auto accident/brain injury
$2 million auto accident/brain injury
$875,000 auto accident/pedestrian knockdown

Injuries to infants

$8 million brain damaged baby
$5.8 million brain damaged baby
$3.95 million infant medical malpractice
$1.9 million brain damaged baby

Law Enforcement

$6 million peace officer shooting
$5 million police shooting

Municipal Negligence

$14.5 million municipal negligence
$2.3 million municipal negligence

Wrongful Death

$46 million wrongful death/malpractice
$13.2 million wrongful death/malpractice
$7.015 million wrongful death/construction accident
$7 million wrongful death/medical malpractice
$4 million wrongful death/medical malpractice
$4 million wrongful death fire
$2.35 million wrongful death/medical malpractice
$1.7 million wrongful death

Premise Liability

$1.5 million premise liability

Motorcycle Accidents

$1.325 million motorcycle accident
$1.1 million motorcycle accident

Construction Accidents

$10.5 million construction accident
$7.015 million wrongful death/construction accident
$6 million construction accident
$5 million construction accident
$4 million construction accident
$3.75 million construction accident
$3.4 million construction accident
$2.775 million construction accident
$2.7 million construction accident
$2.5 million construction accident
$2.48 million construction accident
$2.3 million construction accident
$1.885 million construction accident
$1.8 million construction accident

Insurance Litigation

$4 million insurance litigation

Automobile Accident

Plaintiff, a 33-year-old police officer, was a passenger in a patrol car responding to a robbery in progress that collided with another car at an intersection in the Bronx. Plaintiff sustained severe brain damage in the accident and had no memory of it. The driver of the patrol car likewise lacked any recollection of the accident as a result of brain damage; the two occupants of the other car were killed. Initially, the case against the city did not look promising-all three witnesses interviewed for the police report said the civilian driver (who lacked adequate insurance coverage) ran the red light at high speed, and that the patrol car had the green light and was going much more slowly. To make matters worse, the autopsy report revealed that the civilian driver had a blood alcohol content of 0.10.

The case was handled by Dallin Fuchs, who took it to trial. He found other witnesses who said, in fact, that it was the police car that ran the red light, and through cross examination discredited two of the three witnesses in the police report by getting them to admit that they hadn't actually seen what color the light was when the accident occurred. Mr. Fuchs also prevailed on the third witness to admit that he had merely assumed the civilian car had the red light based on what he had observed at the prior intersection. Finally, Mr. Fuchs asked the jury to reject the city's argument that the police car, which was responding to a robbery at 5 a.m., was traveling only 10 miles per hour at the time of the accident. The jury came back with 100 percent liability on the part of the driver of the city police car and a $3.2 million award to plaintiff, a result made even more impressive given the fact that a police car responding to an emergency is exempt from many traffic laws.

Have you ever been involved in an automobile accident? Contact an attorney to help you with your automobile accident claim today! [ Back to top ]

Construction Accident

Plaintiff, a 30 year old laborer, was working in a trench helping to install sewer pipe. A 2,000 pound pipe leaning against the inside of the trench slipped downward several feet, and landed on the plaintiff's back. The impact caused severe spinal injuries, rendering the plaintiff paraplegic.

Workers compensation laws prohibited the plaintiff from suing his employer for their negligence in causing his injuries. Instead, Queller, Fisher brought suit against the owner of the property, the city of New York. The suit was premised on New York's labor laws which can impose liability on the property owner, in certain circumstances, even in the absence of fault or negligence. The City denied liability and initially made no offers to settle the case.

The case went to trial in December, 2006. The trial of the case was handled by Dallin Fuchs and Barry Washor. Numerous witnesses were called by plaintiff's counsel, including an expert in the field of construction and excavation safety. Throughout trial, the city continued to deny liability under New York's labor laws, and further claimed that the plaintiff himself was at fault for causing his own injuries.

After a full liability trial, the jury was charged with the law and sent to the jury room to deliberate. During jury deliberations and prior to the verdict, the case settled for 10.5 million dollars.

Have you ever been injured on a construction site? Contact an attorney to help you with your construction accident claim today! [ Back to top ]

Premises Accident

The plaintiff is the wife of a detective who had been run over by a bus and was in the intensive care unit at a hospital. She decided to get some dinner for the ICU nurses at a nearby restaurant. As she was leaving the restaurant, she slipped on ice and broke her ankle. It was a challenging case because the plaintiff could not remember exactly what happened. In fact the insurance company never made a settlement offer of any amount.

Jonny Kool, who handled the case, was able to reconstruct the accident to establish that planters outside the restaurant had leaked water that had pooled in front and froze into "a sheet of ice." He was also able to show that the plaintiff was especially compromised by her injury because she had to care for her husband, who was rendered a paraplegic from the bus accident. The jury came back with a $750,000 verdict.

Do you need a attorney for a slip and fall injury? Contact an attorney to help you with your slip and fall accident claim today! [ Back to top ]

Wrongful Death

A homemaker was struck and killed by a New York City bus while walking across Kissena Boulevard in Queens, N.Y. The deceased, who was 30 years old when she died, left behind her husband and two young children. She was knocked under the bus and dragged some 340 feet. Her leg was torn off and she died at the scene. The case was challenging because there were no eyewitnesses. The City Transit Authority claimed that the decedent slipped and was lying prone on the ground in the bus driver's blind spot when she was struck.

Dallin Fuchs, who tried the case, argued that to the contrary, the decedent was upright and in the crosswalk when she was hit, and that the bus driver was not paying attention. Mr. Fuchs built his case at trial by establishing that the driver was working extremely long hours and could not recall many of the details of the accident scene. The jury awarded the decedent's family $5.05 million, including $2.4 million for each of her children. The verdict for loss of parental guidance for each child exceeds any such amount that has yet been sustained on appeal by any New York state appellate court.

Have you ever lost a loved one due to someone else's negligence? Contact an attorney to help you with your wrongful death claim today! [ Back to top ]

Medical Malpractice #1

The plaintiff, a 39-year-old part-time home health aide and mother of three young sons, went to Brooklyn Hospital Center complaining of chest pains. An internist diagnosed her with septic shock caused by a stomach infection and ordered intravenous fluids. But she did not have a stomach infection-she had congestive heart failure, which causes the lungs to fill up with fluid. She should have been given diuretics and heart medication to flush out the fluid already in her lungs. Instead, the hospital pumped more fluids into her and she died a terrible death, basically drowning in her own fluids.

Queller Fisher argued that the hospital and doctor that diagnosed her were negligent, since the X-rays showed the fluid around her lungs and an enlarged heart. The defense denied any responsibility, saying that the plaintiff was already fatally ill by the time she reached the hospital. After a two-week trial, the jury awarded the decedent's survivors $46 million.

Have you suffered injuries due to malpractice? Contact an attorney to help you with your medical malpractice claim today! [ Back to top ]

Medical Malpractice #2

The plaintiff, an eight-month-old boy, was brought to the Queens General Hospital Emergency Room suffering from an ear infection and fever. His temperature had reached 105 degrees and he had an incident of shivering before he was admitted to the hospital, which medical personnel suspected could have been a seizure. They decided to give the infant a spinal tap to rule out spinal meningitis. During the spinal tap, the nurse bent his head to such a degree it cut off the air supply to his windpipe. Within five minutes, he was transformed from a healthy, normal child to a severely brain damaged, mentally retarded and quadriplegic child. The hospital denied any negligence, contending that the child had sustained a sudden cardiac arrest unrelated to the spinal tap. It offered his family a settlement of $2.5 million, including $1 million in past medical costs.

Queller Fisher rejected the offer and took the case to trial. The jury awarded the child and his family $27.5 million.

Have you suffered injuries due to medical malpractice? Contact an attorney to help you with your medical malpractice claim today! [ Back to top ]

Medical Malpractice #3

The plaintiff, a 22-year-old college student from a wealthy family in Peru, was recuperating in New York after facial surgery when he went to the emergency room at New York Hospital complaining of a headache and fever. To rule out meningitis, the hospital decided to give him a spinal tap. During the procedure, the plaintiff's breathing became irregular, but the doctors failed to try to normalize his breathing for two hours. When they finally decided to insert a tracheal tube, they botched the procedure. As a result, he suffered significant brain damage due to lack of oxygen, and now requires constant attendance and care. The hospital denied negligence, claiming that the brain injury was the result of whatever illness the plaintiff had that caused the headache and fever, and never offered to settle.

Queller Fisher attorney Kevin McDonald took the case to trial. After a weeklong trial, the jury awarded the young man $46 million.

Have you suffered injuries due to malpractice? Contact an attorney to help you with your medical malpractice claim today! [ Back to top ]

Other Case Summaries

The plaintiff, a 60 year old recreational bicyclist, was seriously injured while riding his bike in Central Park on an early Sunday morning. The City of New York had issued a permit to a biathlon promoter which organized a biathlon with over 500 competitors. Despite the size of the event no portion of Central Park was closed to the public or segregated for the biathlon. One of the biathlon competitors collided with the plaintiff who was leisurely riding his bicycle like so many other New Yorkers. The plaintiff sustained facial fractures and nerve injuries that ultimately caused his early retirement as a Union Electrician. The case was litigated by Brian S. Schwartz and ultimately settled for 1.5 million dollars by Jonny Kool just prior to Jury Selection.

$13.2 Million: Recovered in November 2006 as a result of doctor error on behalf of the estate of a 36-year-old New York women who died in the hospital following birth of twin boys by Caesarean delivery. After reporting difficulty in breathing, the woman was treated with blood thinners for a pulmonary embolism. Autopsy revealed she did not have a pulmonary embolism but suffered uncontrollable internal bleeding stemming from the C-section. Queller Fisher medical malpractice trial attorney Barry Washor argued the doctors and hospital failed to timely or properly diagnose the client's condition, failed to order the proper tests, and made the bleeding which caused her death worse by administering blood thinner. Case also resulted in a $7 million recovery from the State of New York, which operated the hospital.

$10.5 Million recovered in December 2006 on behalf of a 30-year-old man who was paralyzed in a construction accident while installing sewer pipe in a trench. Client's lawsuit against the City of New York and a construction company claimed violations of labor laws by not providing him with the proper safety equipment and failed to show reasonable care for his safety. Parties agreed to the $10.5 million settlement during jury deliberations following trial.

$8 Million - 18 year old female who was involved in a motor vehicle accident and was taken to the emergency room of a municipal hospital. In the emergency room, the doctors failed to detect internal bleeding and as a result the young woman suffered cardiac arrest with ensuing brain damage.

$7 Million medical malpractice recovery in September 2006 on behalf of the estate of a 36-year-old New York women who died in the hospital following birth of twin boys by Caesarean delivery. After reporting difficulty in breathing, the woman was treated with blood thinners for a pulmonary embolism. Autopsy revealed she did not have a pulmonary embolism but suffered uncontrollable internal bleeding stemming from the C-section. Queller Fisher medical malpractice trial attorney Barry Washor argued the doctors and hospital failed to timely or properly diagnose the client's condition, failed to order the proper tests, and made the bleeding which caused her death worse by administering blood thinner. Case also resulted in a $13.2 million separate recovery as a result of the doctor's error.

$6.25 Million - A school teacher who was admitted to the hospital for a minor surgical procedure was caused to go into a coma as a result of improper administration of anesthesia. She had two teenage children that had to be cared for by other relatives and her prognosis for the future is unknown.

$5.8 Million - A physician negligently applied forceps to a baby's skull during delivery causing the baby's skull to be fractured with ensuing brain damage. The child lived in a long-stay nursing home until her death.

$5.25 Million recovered in January 2009 on behalf of a 30-year-old roofer who fell 20 feet while repairing the roof of the Riker's Island correctional facility in Queens, injuring his back and wrists. Client sued the City of New York, citing violation of the labor law. Client said guardrails had not been erected on the roof, no safety net was erected, and he was not told to wear a safety harness. Client claimed loss of range of motion to wrists and back, ongoing pain and residual memory loss as a result of the accident. Parties negotiated the $5.25 million settlement during the trial.

$5 Million - A 35 year old woman presented to the hospital emergency room with high blood pressure. Despite being diagnosed with a condition known as pre-eclampsia, the physicians failed to perform a timely cesarean section. As a result, the expectant mother sustained a stroke with ensuing neurological compromise. The money from the lawsuit has helped to provide her with the necessary physical and occupational therapy to care for her son.

$4.7 Million medical malpractice recovery in July 2006 on behalf of 25-year-old client who was diagnosed with an ear infection and sent home from the hospital with prescription pain killers. Client returned to the hospital the next day with vomiting and seizures, where he was diagnosed with and treated for meningitis. Client was rendered blind as a result of his injuries. The $4.7 million settlement was negotiated following the first day of trial.

$4.6 Million - A five year old girl was brought to the emergency room of a major metropolitan hospital suffering from dehydration. The physicians failed to recognize that she had an infection that was affecting her heart. As a result of their negligence, this young girl suffered cardiac arrest with ensuing neurological damage. The money from the settlement has allowed the parents to purchase a new home for the child and to provide her with all the additional care she needs at home.

$4.1 Million - Verdict in November 2010 for family of woman who died from her catastrophic injuries after spending several years in a coma. The accident involved at least 4 motor vehicles. The culpable Defendant denied responsibility, blaming the accident on an uninsured vehicle. The Queller firm retained and called in an expert in accident reconstruction who testified at the time of the trial. The culpable Defendant also retained an expert who claimed the accident was the fault of the uninsured vehicle. The jury sided with the Plaintiff and found the fully insured Defendant 100% at fault for the accident.

$4 Million medical malpractice recovery in February 2008 on behalf of a 63-year-old man who claimed inadequate monitoring following surgery for an aortic aneurysm led to inadequate circulation that resulted in below-the-knee amputations of both his legs.

$3.4 Million recovered in October 2008 on behalf of the mother of an infant who suffered brain damage after being born 3-months premature. Infant's mother had previously given birth prematurely and notified doctor she had been diagnosed with an incompetent cervix, a condition in which the cervix prematurely dilates. Several months into the pregnancy the mother was treated in the emergency room and treatment records indicated she would have to undergo a cervical cerclage, in which the cervix is stitched to prevent premature delivery. The procedure was never performed. The infant suffered brain damage, cerebral palsy, spastic quadriplegia and speech impairment.

$2.4 Million medical malpractice recovery in April 2006 on behalf of a 33-year-old man who suffered cardiopulmonary arrest and permanent neurological injuries as a result of a lack of oxygen after his end tracheal tube was obstructed with mucous while in the intensive care unit of a Long Island hospital.

$2.2 million medical malpractice recovery in January 2007 on behalf of a 63-year-old man who suffered a stroke following open heart surgery. Client argued that proper medical care could have prevented the stroke and that he lost the use of his hands, and is unable to work, because of his injuries.

$1.3 Million recovered in September 2008 on behalf of the estate of a 29-year-old woman who was treated by a pulmonologist for a persistent cough and a lump in the chest before another doctor diagnosed her, a year later, with Hodgkin's disease, which ultimately claimed her life. Client's widower claimed prompt diagnosis of his wife's cancer a year earlier could have saved her life.

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or law firm may be retained. Verdicts are subject to reduction and modification on appeal.