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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.
Rolle v. University of Miami's
Miller School of Medicine
Cause of action: Medical negligence
Verdict: $12,600,000
January 13, 2012
A Miramar teen who lost all four limbs as a result of a vaccination
error 13 years ago won a
$12.6 million medical malpractice award Friday against the University
of Miami's Miller School of Medicine.
See
the press release
See the Sun Sentinel story
See
the Miami Herald story
See the NBC6 story
See the
News Feed Researcher
Samantha Safranek v. Wal-Mart
Stores, Inc. and Topps Meat
Cause of action: Personal Injury
Verdict: $748,460.00
August 5, 2010
After purchasing a hamburger from Wal-Mart produced by Topps Meat
Samantha Safranek contracted E. coli food poisoning from the tainted
meat. She then spent 3 weeks in the hospital before recovering.
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
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