By JW Law
Through the years, our highly experienced attorneys have litigated some very challenging cases. These cases often times result in substantial recoveries and significant settlements, which reflect our personal attention to and aggressive advocacy for, our clients.
At Javerbaum Wurgaft, our lawyers pride themselves on the victories we have achieved for our clients. The following is a sampling of some of our significant cases resolved over the last six months.
Motor Vehicle Act/Dram Shop
Eric Kahn recently settled a case for a woman who suffered serious injuries when a drunk driver struck her. The drunk driver had been drinking all afternoon at a restaurant in Monmouth County, and at the time of the accident his blood alcohol level was .204. Eric sued both the drunk driver and the restaurant where he was drinking all afternoon and settled the case for $3,100,000.00.
Frank Rodriguez handled a case for the Estate of a 22-year-old killed by a drunk driver. Frank was able to prove that the defendant driver had purchased 20 drinks at a local Hudson County bar before the accident. The 22-year-old was struck and killed in front of his mother and sister, who both witnessed the crash. Frank settled the case for $1,300,000 against both the driver and the bar.
Jack Wurgaft recently settled a medical malpractice case for $2,250,000. Following abdominal surgery, his client was placed on a Patient Controlled Analgesia (PCA) for the self- administration of an opioid-based pain medication. The nursing staff attending to her at the hospital misprogrammed the PCA and instead of the prescribed amount of 0.4 mg, programmed the PCA for 4.0 mg, ten times greater than ordered by the treating physician. Within 3 hours, the patient, a 47-year-old female, went into cardiac arrest and died of the medication overdose. The autopsy confirmed the overdose as the cause of death. She left surviving her mother and two brothers.
Christina Ctorides, located in Javerbaum Wurgaft’s New York City office, represented a 43-year-old female patient who went to a hospital In New York City with abdominal pain and was diagnosed with gallstones. Rather than having gall bladder surgery, a safe and simple procedure performed without complication on over 600,000 patients per year, the patient was subjected to an unnecessary and poorly performed Endoscopic Retrograde Cholangio-Pancreatography (ERCP) from which she developed severe pancreatitis, ARDS, and critical illness neuropathy. Despite arguments by the hospital that the ERCP was necessary and that pancreatitis which the patient suffered was a known complication of the procedure, Christina was able to settle the case for $2,000,000.
David Wikstrom successfully settled a product liability case against the owner of an industrial mixer who bypassed guards. As a result of the bypass, the client had his arm cut off below the elbow. David was able to prove that the machine’s owner knew the guards were missing which resulted in a settlement of $2,700,000.
Starvation case vs. the State of New Jersey
Eric Kahn represented a mentally disabled woman who was in a group home. The State of New Jersey supervised the group home, and a case worker was supposed to visit the home every month. Unfortunately, due to extreme neglect on the part of the woman who operated the group home, Eric’s 28-year-old client starved to death. He sued the State of New Jersey for negligence in supervising the group home, and he settled the case for $2,200,000.
Nursing Home Negligence
Saul Gruber represented the Estate of an 85-year-old woman living in a nursing home who was fed the wrong food and choked. As a result, she was caused to aspirate and died. Saul settled the case for $700,000.
Right to Privacy
Rubin Sinins and Annabelle Steinhacker recently served as local counsel to social media companies challenging grand jury Subpoenas issued by local prosecutors seeking member account information. They relied upon established New Jersey constitutional rights – including those they helped to establish as amicus counsel before the NJ Supreme Court. All New Jerseyans have privacy rights in information held by internet service providers and other companies such as social media outlets. Law enforcement should not be entitled to obtain that information on demand without the proper showing before a court.
*Each case is different and the results differ based on the facts of the individual case.