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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.
Tomlian v. Mark S. Grenitz M.D., and Westside Regional Medical Center
Cause for 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
Chambers v. Pembroke Pines OB/GYN Associates
Cause for 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 for 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 for 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.
See the CBS 60 Minutes story.
Wilson v. General Motors Corporation, Potamkin Chevrolet and United Automobile Insurance Company
Cause of action: Motor vehicle negligence
Verdict: $50,164,969
December 2, 2002
A 45-year-old man was broadsided at an intersection. He was thrown from his vehicle despite the fact that he was wearing his seat belt. The jury found that all parties involved were negligent, including the manufacturers of the seat belt that failed to properly restrain the victim.
Note: Initial accident reports indicated that the victim was not wearing his seat belt. This firm proved otherwise through medical records supported by expert testimony.
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 for 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 for 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.
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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
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