More About Our Record

Managing Partner Alan Fuchsberg Obtains $19 Million Verdict in Malpractice Case for Failure to Apply Correct Standard of Care in Heart Bypass Surgery

Managing Partner Alan Fuchsberg obtained a jury award of more than $19 million for a widow in the devastating death of her 86-year-old, postal-worker husband, as reported in the New York Post on November 20, 2008. The wife brought a wrongful death suit against a surgeon for improper care of her husband, who underwent heart bypass surgery. During the operation, the doctor injured her husband’s lung. Her husband needed two more surgeries within 24 hours to stop subsequent bleeding in his lung. He was then tethered to a ventilator and had repeated cases of pneumonia until he died five months later.  <<back

$5 Million Settlement Negotiated in Misdiagnosed Stroke Case

At the close of trial, partner Leslie Kelmachter negotiated the settlement of a misdiagnosed stroke victim’s case for $5 million. Our client, a taxi driver, feeling ill, called an ambulance and was taken to a local hospital. Tragically, the hospital released him without a proper differential diagnosis that would have revealed the onset of a catastrophic stroke. Consequentially, he now lives in a locked-in state, conscious but paralyzed.  <<back

Bradley S. Zimmerman, Esq. invited to sit on a panel for the Medical Mediation Group, LLC in April 2008

Attorneys use mediation in medical malpractice cases as a forum to present grievances and defense perspectives before a neutral party, such as a retired judge, in an effort to resolve the matter before incurring further expenses related to trial. The plaintiff is an active participant in the mediation process. Due to the rising costs of litigation, parties on both sides have used mediation more frequently with satisfying results.

Partner Bradley Zimmerman has settled numerous medical malpractice cases during mediation involving wrongful death and various other life-altering catastrophic injuries. He was invited to speak on a panel for the Medical Mediation Group, LLC. The topic of the lecture included empirical studies of mediation of medical malpractice cases. The first study will analyze lawsuits filed against NY City Health and Hospitals Corporation facilities. The second study will analyze lawsuits filed against private hospitals. The success of the mediations will be assessed, scrutinized, and evaluated.  <<back

Record $12.75 Million Settlement in Nations' Largest Urban Lead Poisoning Case

Fuchsberg Partner Leslie Kelmachter argued many complex legal issues and presented evidence of neglect by the City of New York, Brooklyn Arms owner Bertram Fields and Management Company, and Merco Properties that caused 19 family members to be poisoned by lead paint in the walls and ceilings of the residences where the family lived from 1981 to 1995. Experts called the lawsuit the nation’s largest lead paint poisoning case. The effects of the family members’ lead paint exposure include brain injuries, limited attention span, and other cognitive problems.

The day before closing arguments, members of the plaintiff family agreed to a $12.75 million settlement; $8.25 to be paid by the City of New York. The $12.75 million settlement is the largest amount ever paid by the City or the State of New York in a lead-paint poisoning case.  <<back

Vascular Misdiagnosis Causes Woman to Lose Leg below the Knee; Partner Leslie Kelmachter Obtains $13.2 Million Verdict for Malpractice

In July 1998, a 45-year-old wife and mother underwent vascular surgery and suffered complications of a deep vein thrombosis, yet the doctor failed to refer her to a hematologist for treatment. In December of 1999, experiencing sudden and excruciating pain, she was taken by ambulance to the local hospital where both the emergency room doctor and a neurologist misdiagnosed her condition as simple back pain. During the next ten days, five doctors failed to recognize that she had blood clots in the arteries of her leg. The delay in surgery to remove the clots resulted in the loss of her left leg below the knee, the sad effect of a chain of incompetence.

Following a month-long trial, partner Leslie Kelmachter obtained a jury award of $13.2 million for medical malpractice.  <<back

Failure to Find and Treat a Spinal Tumor Leaves Teenager Paraplegic: Brad Zimmerman Obtains $7.5 Million Settlement

When a 14-year-old boy suffering from Burkett’s Lymphoma repeatedly complained of severe back pain, his doctors failed to order an MRI to determine whether a lesion or tumor was causing pressure to his spinal cord. During exploratory surgery, the spinal circulation was obstructed, causing the young patient to suffer permanent paralysis.

Partner Brad Zimmerman says: “His Burkett’s Lymphoma has fortunately gone into complete remission. Catastrophically, however, this 14-year-old young man who walked into the hospital will most likely never walk again because doctors did not diagnose the spinal tumor prior to surgery.” Following depositions of the medical personnel in this malpractice case, Mr. Zimmerman obtained a $ 7.5 million settlement from the hospital, the surgeon and neurologist, a small price to pay for the theft of a young boy’s mobility.  <<back

$5 Million Settlement in Wrongful Death of a Woman Pregnant with Twins

Alan Fuchsberg and Brad Zimmerman settled a tragic case concerning the wrongful death of a woman pregnant with twins. As her pregnancy neared term, the mother developed pre-eclampsia. She had the long-term condition of sickle cell anemia. The combination of pre-eclampsia and sickle cell anemia placed her at a high risk for seizure. Notwithstanding her high-risk condition, her blood pressure was improperly monitored and treated. Her dizziness and headaches were not taken as an imminent sign of stroke. While in the hospital, she suffered an acute seizure. The hospital did an emergency delivery of the babies. The mother died shortly after labor and delivery. One baby survived with brain in injury. Mr. Fuchsberg and Mr. Zimmerman settled the case for the entire insurance policy of $5 million.  <<back

$2.3 Million in Medical Malpractice Case: Wrongful Death of 38-year-Old Husband and Father

Alan Fuchsberg settled the wrongful death case of a married father of three, who died when his hospital did not follow its own rules for responding to his elevated heart rate following abdominal surgery. The patient had his tumor successfully removed at a prestigious hospital; yet two days later, he died of a heart attack. The hospital responded improperly when he became unstable, developing an elevated heart rate and respiratory distress. His condition was not assessed in time, and he was improperly monitored. The doctors and staff failed to alert a cardiologist and or to detect that he was likely suffering from pre-existing coronary artery disease.

The hospital claimed that the heart attack was an unavoidable risk of serious surgery and other contributing factors. Mr. Fuchsberg countered: “Proper protocol in this case would require transferring him to a hospital specializing in heart disease. That did not happen. As a result, he lost a significant chance of survival.” Because of the hospital’s mistake, the patient died approximately six hours following the onset of his acute distress.

Mr. Fuchsberg, representing the surviving family, obtained a $2.3 million settlement prior to trial.  <<back

Botched Surgery for Man with Complex Brain Abnormality Causes Quadriplegia: $1.5 Million Settlement

Brad Zimmerman settled a medical malpractice case for a 37-year-old man who was legally blind and suffered from a congenital abnormality known as a Chari I malformation, where the base of the brain joins the spinal column, causing poor circulation of spinal fluid. His condition had been surgically treated previously without any complications.

The patient was functional in every aspect of his life, but slowly began developing recurrent headaches and severe facial pain, dizziness, and a slow decrease in motor function. He underwent botched neurosurgery without giving his informed consent and suffered pneumonia, a tracheotomy, and significant neurological dysfunction that left him a quadriplegic. His doctors knew that he was legally blind. The plaintiff signed only a consent form in the holding area of the operating corridor, despite his being legally blind and having an IV administered.

This surgery was performed without a complete discussion informing the patient about the potential ensuing complications including excessive length of the operation, development of severe side effects including the necessity for a tracheotomy, likelihood of infections, and development of pneumonia, respiratory distress, and difficulty in breathing and swallowing.
The complications following this surgery caused severe dehydration, and the patient had to be placed on a ventilator. He suffered increasingly severe pain, and his condition continued to deteriorate. Tubes in his throat and stomach were displaced and improperly inserted. 

The patient suffered acute respiratory deterioration and was placed on several antibiotics. He had excessive accumulations of fluids in his mouth and neck and began to undergo psychotic episodes. He was discharged to a rehabilitation hospital where he continued to have extreme respiratory problems and large mucous and fluid build up and infections around his wounds. Finally, after months of pain and suffering, he returned to the same hospital for an elective surgery to remove the hardware devices from previous surgery, which were causing brain compression.  

The patient is currently being treated at a pain management center for his quadriplegic condition, sensory and balance dysfunction, as well as chronic pain from his brain stem injury.  Mr. Zimmerman settled his case against the hospital for $1.5 million.  <<back

Woman Left Blind in One Eye After Ophthalmologist Fails to Diagnose and Treat Herpes; Case Settled for $925,000

A 51-year-old woman experienced blurred vision and her internist referred her to an ophthalmologist the next day. The ophthalmologist misdiagnosed her condition as optic neuritis. Within two weeks, because of an untreated Herpes Simplex virus, she could not see at all out of her left eye and was experiencing a partial loss of vision to her right eye. She again called the ophthalmologist who told her the optic neuritis caused vision loss. She told him that she had swelling and pressure in her left eye. She also complained of a blinding headache. The ophthalmologist did not ask her to come in for an evaluation.

Over the next several weeks, the plaintiff’s vision continued to deteriorate. She reported to the ophthalmologist that the vision in her right eye was also deteriorating and that she was seeing what she described as a blizzard in her eye. She also began to experience extreme sensitivity to bright light. The same day, he opened his office especially for her, examined her eyes, and then referred her to a retinal specialist who hospitalized her immediately for a raging Herpes Virus to her eyes. She received an antiviral medication through an IV. A week later, she was transferred to a medical center where she continued treatment. She continues to experience blindness in the left eye and faces the possibility of surgery, as well as diminished sight in her right eye. Mr. Zimmerman settled her case for $925,000.  <<back

$1.45 Million for 21-year-old Laborer Injured When Steel Rods Fall from Truck

Partner Alan Fuchsberg settled a case of a construction worker who was injured while unloading steel rods from a flatbed truck. An unsecured load of the rebar rolled off, repeatedly striking the young man and crushing his legs. He underwent several surgeries, a bone graft, as well as replacement of a femoral rod. The day laborer, who did not understand English, also suffered permanent knee and ligament damage.

Mr. Fuchsberg filed suit against the trucking company, its owner and driver, and the subcontractor handling the rebar installation. Under New York Labor law, he also sued the work site’s general contractor. He obtained a $1.45 million settlement for lost wages, pain, and disabilities.  <<back

Saint Vincent's Medical Center Bankruptcy Tort Creditors' Committee Chaired By Alan Fuchsberg Achieves Plan To Pay Claimants In Full

Saint Vincent’s Catholic Medical Center and its seven hospitals and nursing home facilities located throughout the New York Metropolitan region declared Chapter 11 Bankruptcy on July 5, 2005. Approximately 700 plaintiffs filed claims in excess of a billion dollars. Given the amount at stake for plaintiffs, Alan Fuchsberg advocated the formation of an official Tort Claimants Committee specifically to represent the interests of plaintiff claimants—a highly untraditional position. The Office of the United States Trustee, the Medical Center, and the official committee of Unsecured Creditors strongly opposed the proposal.  In April 2007, following a dramatic courtroom argument, federal bankruptcy court judge Hugh Hardin granted the motion of the Fuchsberg Firm to appoint an official committee. In May 2007, the Committee was officially formed, and Alan Fuchsberg was elected chair.

After a year of litigation and negotiation, the Bankruptcy Tort Creditors’ Committee decided to support a plan of reorganization, which it expects the bankruptcy court to approve. The plan of reorganization contemplates payment of allowed medical malpractice claims in full. The result is extraordinary and a complete success.  <<back