Queller, Fisher, Washor, Fuchs & Kool, L.L.P.
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Kevin S. McDonald

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Phone: 212.406.1700
Fax: 212.406.2313

233 Broadway, #1800
New York, New York 10279

Kevin S. McDonald is a trial lawyer and Partner in our firm. Kevin’s practice is primarily dedicated to the representation of Plaintiffs in cases involving life changing injuries and wrongful death, particularly those resulting from medical malpractice.

Kevin graduated Cum Laude from the University of Notre Dame and then studied law at the Fordham University School of Law where he graduated in 1974. For the past 30 years, Kevin has represented clients injured through the negligence of others, virtually all in the area of medical malpractice. His track record of success is impressive by any standard. He has achieved over 30 verdicts and settlements in excess of one million dollars.

Of particular note is one of the largest medical malpractice verdicts in New York state history wherein a jury found that a New York Hospital negligently failed to respond to respiratory distress for a young man resulting in severe brain damage and awarded $46.2 million in damages.

Kevin combines a scrupulous approach to the preparation of a case for trial with a firm understanding of complex legal and medical issues. He knows that cases are very often won or lost in their preparation and he focuses his efforts in that regard to insure that his clients are given the best representation possible during all phases of the litigation. Kevin’s attention to detail and legal acumen are very evident when it comes to the taking of depositions of various types of medical providers. His precise and insightful questioning of these witnesses has enabled him to successfully establish the liability of the defendants in a manner which leaves little room for argument.

Kevin is then able to translate his intense preparation into a comprehensible and compelling story for the jury. In contrast to many medical malpractice lawyers who rarely see the inside of a courtroom, Kevin has extensive trial experience, having taken many cases to trial and verdict. He has an intimate understanding of the dynamics of a jury trial, a unique combination of theater, persuasion and strategy–and uses the latest digital technology and other sophisticated courtroom techniques to maintain jurors’ interest and convince them of the merits of his client’s case.

Kevin reflects his single-minded pursuit of justice in what many consider to be the most challenging area of personal injury law. Medical malpractice work requires an in-depth knowledge not just of the law but of medicine as well, and a lack of preparedness can doom a case. “You’ve got to know your case cold,” Mr. McDonald says. His achievements in the courtroom demonstrate that he never fails to live up to his word.

Significant Verdicts and Settlements
  • $46.6 Million Verdict for 24 year old college student who sustained hypoxic brain damage when, after presenting to the ER with headaches and fever, underwent a spinal tap following which his breathing deteriorated over a two hour period. ER doctors failed to intubate him and he went into respiratory arrest resulting in hypoxic brain injury.
  • $4 Million Settlement for a 4 year old girl who sustained hypoxic brain damage when the doctors at the defendant hospital failed to recognize fetal distress during the mother's labor and failed to perform an emergency Cesarean Section.
  • $3 Million Settlement during trial of a 48 year old man who had an above the knee amputation of a leg due to a delay in diagnosing and treating post operative compartment syndrome.
  • $2.9 Million Settlement for a child who sustained hypoxic brain injury at birth when the defendant obstetricians failed to recognize fetal distress during the mother's labor and do an emergency Cesarean Section.
  • $2.85 Million Settlement for 57 year old man who suffered a disabling hemorrhagic stroke brought on by aspirin which was improperly prescribed by the ER doctor when plaintiff was sent home after presenting with neurological symptoms consistent with a small intra-cranial bleed.
  • $2.6 Million Settlement for a 58 year old man who required bilateral leg amputations due to failure of the defendant vascular surgeon to recognize and treat post operative thromboses and ischemia following aortic aneurysm repair.
  • $2.1 Million Verdict of a man who became mentally unstable with fear of sudden death after learning that a surgical instrument had been left inside his body during surgery at the defendant hospital. His mental illness necessitated institutionalization at a psychiatric hospital.
  • $2 Million Settlement for a 1 year old boy who suffered brain damage due to the failure of the defendant hospital to promptly identify and surgically drain a sub-arachnoid hemorrhage when the child was taken to the ER with acute neurological changes.
  • $1.9 Million Settlement during trial for a 19 year old man who required amputation of a leg due to a delay in diagnosing and treating compartment syndrome that developed after surgical repair of an ankle fracture from a dirt bike accident.
  • $1.6 Million Settlement during trial for the death of a 91 year old woman who resided at the defendant nursing home. Plaintiff was given sulfa medication, to which she had a known allergy, and developed severe burns as a reaction to the sulfa, and died.

J.D., Fordham University School of Law, 1974

B.A. (Cum Laude), University of Notre Dame, 1971
Honors: Deans List

Professional & Bar Association Memberships

New York State Trial Lawyers Association

Bar Admissions
  • New York, 1975
Client Reviews
"I would not go anywhere else if I had a personal injury case in New York again." Oscar G.
"My contact with them was always smooth and trouble-free." Orlando B.