Verdicts & Judgements
Medical Malpractice
The medical malpractice field of law is constantly evolving along with innovations in medical care and treatment. The Law Office of Thomas J. Genova recognizes that changes in modern medicine can impact the successful prosecution of a medical negligence case.
Surgery is one area of medical specialty that has undergone significant change. Doctors now offer patients a choice of a less invasive form of surgery by using a laparoscope versus the traditional open incisions. Laparoscopic surgery offers many benefits to the patient but also presents potential risks. The Law Office of Thomas J. Genova has obtained significant awards for clients injured during laparoscopic surgery.
We recovered $5,000,000.00 from a hospital and nurse mid-wife for the family of a new born who suffered brain damage due to the failure of the staff to closely monitor the mother’s labor and timely deliver the baby.
We obtained a $2,000.000.00 settlement for a brain damaged premature baby delivered through an emergency cesarean section following negligently performed amniocentesis.
In anther case involving a birth injury, we were able to obtain a $1,500,000.00 settlement from the New York City Health and Hospitals Corporation during the trial in a case involving a newborn delivered at home after the hospital failed to admit the teenage mother who reported early signs of labor.
Our client consulted a nationally recognized gynecological surgeon to perform a hysterectomy because of his experience with laparoscopic surgery. The surgery resulted in injuries that the doctor contended were risks of the operation. We were able to show that our client gave a qualified consent that the doctor violated during the operation entitling her to a $375,000.00 award.
In another laparoscopic surgery case, our client sustained a common bile duct injury during a laparoscopic gall bladder removal. Although this injury was a risk of the operation, we obtained a $285,000.00 settlement because the doctor failed to exercise proper surgical technique.
Doctors often rely on the "risk of the procedure" defense in surgery cases to avoid responsibility for injuries occurring during operations. We have successfully overcome this defense in cases involving many medical specialties to secure substantial awards for our clients.
Our client lost vision in one eye due to recognized complications of nasal surgery. We obtained a settlement of $625,000.00 by proving that the doctor was negligent for not timely recognizing the complications and instituting treatment.
We secured a settlement of $600,000.00 for a client in a cataract surgery case by demonstrating that the doctor failed to recognize and promptly treat a detached retina resulting in a profound vision loss.
We are prepared to take every case to trial in order to secure the best possible settlement for our clients. We secured a $500,000.00 settlement during jury deliberations when we took a board certified gynecologic oncologist to court and submitted evidence at trial of his negligence in treating a potentially malignant tumor.
Personal Injury
The Law Office of Thomas J. Genova has successfully represented clients in all types of personal injury cases throughout the New York City metropolitan area. The most common form of personal injury is the result of an automobile accident. We have also handled injury cases arising from trip and fall accidents on New York City sidewalks, defective products, inadequate security in public buildings, and work site or construction accidents due to a failure to provide a safe place to work or scaffold law violations under New York Labor Law Sections 240 and 241. The cases described below are a few of our recent awards in the personal injury area.
We secured a $725,000.00 settlement for a client who suffered serious back injury after her car collided with street hardware in a street undergoing repaving by demonstrating that the contractor violated its contract with the City of New York when it failed to "safely ramp all street hardware and sharp grinded edges in the roadway with binder mixture, within 24 hours after grinding."
We obtained an $800,000.00 settlement from an internist and radiologist when they failed to report a suspicious sonogram resulting in a seven month delay in diagnosing breast cancer.
Our client injured his knee in an automobile accident. The insurance company for the responsible party refused to make a reasonable settlement offer. Thomas J. Genova tried the case and a Queens County jury awarded our client $550,000.00.
In another automobile accident case, our client sustained an exacerbation of a pre-existing herniated cervical disc. We were able to obtain a settlement during a trial in Nassau County of $600,000.00.
Our client sustained a broken arm with nerve injury when his arm became lodged in a conveyor belt while working as a baggage handler at the TWA terminal at JFK airport. We inspected the accident site with an engineer and were able to prove a Labor Law violation as the cause of the accident and secured a $337,500.00 settlement.
In a case that combined negligent supervision and medical negligence, we sued a day care center and orthopedic surgeon on behalf of a child who broke his arm at school due to lack of proper supervision. The doctor set the broken arm in a cast but failed to carefully monitor the child who sustained a nerve injury. The defendants paid a total of $750,000.00 to settle all claims.