Verdicts

The cases appearing in this section were selected to provide a sampling of the many types of actions this firm successfully brings to trial.

Haylee Ann Kroll v. Sedigheh Zolfaghari, MD, and Jose Colindres MD
Cause of action: Medical negligence
Verdict: $4,300,000
October 1, 2009
 
Sheldon J. Schlesinger P.A., won a $4.34 million jury verdict against two neonatalogists on behalf of a young girl left permanently injured - the result of a viral infection misdiagnosed at birth.

Francis Ziadie v. Dr. Hoang Dinh Doung
Cause of action: Medical negligence
Verdict: $14,500,000
September 17, 2009
 
Fort Lauderdale Attorneys Win $14 million Verdict Against Hollywood Doctor for Treatment That Left Father Severely Disabled For Life

Stephanie Preshong Brown v. Good Samaritan Hospital Inc.
Cause of action: Medical negligence
Verdict: $4,000,000
March 26, 2009
 
A Palm Beach County jury has awarded $4 million on behalf of a child suffering from severe mental retardation that the family blamed on a delayed delivery in a West Palm Beach hospital more than 11 years ago.
See the Sun Sentinel story
See the Palm Beach Post story

Michael & Michele Gamsen v. State Farm Fire and Casualty Co.
Cause of action: Auto negligence
Verdict: $4,900,000
March 11, 2009
 
Michael Gamsen, a Pembroke Pines respiratory therapist, was driving his company’s Dodge van west on Hollywood Boulevard when he was rear-ended on March 11, 2003. The other driver, Murray Kasten, was underinsured. Gamsen’s company, Hollywood Medical Supply, had uninsured motorist coverage with State Farm Fire and Casualty. However, the insurance company did not pay.

Gamsen underwent back surgery in hopes of alleviating pain from the accident in 2004, but the operation made it worse. He stopped working about nine months after the collision. His attorney, Steven J. Hammer, said Gamsen has pain that resonates throughout his body and takes time-released morphine to cope with the pain.
See the Daily Business Review story

Tomlian v. Mark S. Grenitz M.D., and Westside Regional Medical Center
Cause of action: Medical negligence
Verdict: $30,000,000
April 7, 2008
 
An unborn baby was in distress with his umbilical cord wrapped around his neck. His doctor and hospital medical team ignored signals and tests, which ultimately resulted in severe brain damage including cerebral palsy, spastic legs and arms, mental retardation, kidney failure and other conditions. The doctor and hospital were both found to be negligent.

See the Sun Sentinel story
See the verdict form
See the television coverage


Von Stetina v. Florida Medical Center
Cause of action: Medical negligence
Verdict: $12,470,000
March 1982
 
A woman who was admitted to the hospital following a car accident, was left with permanent brain damage after it took staff more than 30 minutes to notice that her respirator had malfunctioned. While in the hospital, she also contracted an eye infection which left her blind in one eye.


Chambers v. Pembroke Pines OB/GYN Associates
Cause of action: Medical negligence
Verdict: $2,418,960
October 2, 2007
 
Doctors left a 12"x12" sponge inside a woman's abdomen after she underwent a cesarean section and was left for days, causing irreparable damage. She is now unable to have more children.

See the television coverage

Shreffler v. Holy Cross Hospital and Dr. Mark J. Philippon
Cause of action: Medical negligence
Verdict: $2,150,000
June 11, 2007

Seventeen-year-old ballet dancer needed arthroscopic surgery. Surgeon broke two bone shaver instruments inside the patient's hip. Patient now walks with a crutch and is in constant pain. Both hospital and orthopedic surgeon were found to be negligent.

Note: This law firm refused to be pressured into a settlement that threatened a $10,000 decrease in the offer for every day it was not accepted.


McGee v. General Motors Corporation
Cause of action: Product Liability
Verdict: $60,000,000
May 18, 1998

Shane McGee was a passenger when the family car was rear-ended. The impact of the collision punctured the fuel tank causing their Oldsmobile to burst into flames. Shane McGee was killed in the fire. The jury found that General Motors placed the vehicle on the market knowing of the potential fuel tank hazard.

Note: After being retained by the McGee family, our firm obtained secret documents that revealed that GM knew it could prevent fuelfed fires with a fuel tank shield that would have cost $4.50 per vehicle. Details of the case were reported in a feature story on 60 Minutes.


Garner v. Southern Group Indemnity and Statewide Adjusters
Cause of action: Motor vehicle negligence
Verdict: $6,800,000
October 2, 2000

While waiting to make a turn, an expectant mother was struck by a careless driver. The victim survived the accident but was in a coma for more than three months of her pregnancy. She suffered severe brain damage, paralysis of her left side and now requires twenty-four-hour care.


Palanza vs. Dr. Eric N. Freling, Dr. Edward J. Zelnick, and Dr. Corina J. Waldman
Cause of action: Medical Negligence
Verdict: $5,755,093
April 19, 2006

At thirty-two weeks gestation, an expectant mother went into the hospital with complications. Attending physicians did not properly communicate with each other over the next critical days with regard to the specifics of her pregnancy. At thirty-three weeks, physicians failed to recognize that she was in labor and the baby was born under duress with a diagnosis of Cerebral Palsy.


Peterson v. State Farm
Cause of action: Motor vehicle negligence
Verdict: $5,036,375
January 24, 2006

A rear seat passenger sustained severe injury when the rental car in which he was being transported could not avoid colliding with a car cutting in front. Cervical injury required fusion at C5-C6 and C6-C7, and the victim can no longer participate in the sports activities that were the joy of his life. The jury found in favor of the victim based on driver negligence.


Alvarez v. Nissan Motor Co.
Cause of action: Product liability
Verdict: $3,472,000
January 22, 2003

A 35-year-old teacher jerked the steering wheel of her Nissan Pathfinder to avoid going onto the median after coming off a dangerous curve in the road. The vehicle flipped onto the driver's side, resulting in a partial amputation of one arm. The jury found the Nissan could have and should have designed their vehicle so as not to roll over in situations such as this.

Note: Nissan documents from the 1970's were found that discussed how the company could design a car so that it would not roll over as a result of extreme steering. In these documents Nissan called this "Overturning Immunity."


Gray v. Lewis
Cause of action: Motor vehicle negligence
Verdict: $3 million
November 7, 1985
 
A husband and wife were severely injured in a head-on car collision in Coconut Creek. The 18-year old driver of the other car admitted liability in the accident.

See the Miami Herald story.
See the verdict form.


Postlethwaite v. Robbie Stadium Corporation, Florida Marlins, Huizenga Holdings, Philadelphia Phillies and Wayne Huizenga
Cause of action: Negligence
Verdict: $2,500,000
April 20, 1999

A 48-year-old baseball fan was watching a baseball game at Joe Robbie Stadium when she was hit between the eyes by a wild pitch coming out of the bullpen. The jury found that the protective screen was too low to prevent the injury, which resulted in a broken nose, chronic migraine headaches, and the necessity for continued cognitive retraining. All the defendants settled confidentially after jury selection, except the Philadelphia Phillies and Robbie Stadium Corp. The trial lasted nine weeks.


Lee v. Bret Whipple, M.D.
Cause of action: Medical negligence
Verdict: $2 million
January 28, 1986
 
A 25-year old Ft. Lauderdale man was left paralyzed after a motorcycle accident. He was rushed to the hospital after the accident, but was then left unattended for 40 minutes. By the time a doctor saw him, he was paralyzed from the waist down. Hospital records indicated he was moving his arms and legs when he was brought into the emergency room.
 
See the Sun Sentinel story.
See the Miami Herald story.
See the verdict form.


Tarte v. United States of America
Cause of action: Personal Injury
Verdict: $356,696.46
June 23, 2008
 
While maneuvering to park her motorcycle, Karen Tarte was struck by a reversing postal service van. The collision resulted in a fractured tibia, fibula, neck sprain/strain and resultant major depressive reaction. The court found the postal worker negligent and awarded our client over $350,000.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

Broward County • Miami-Dade County • Palm Beach County