August 11, 2005

$2M for Workplace Accident

Roofer Luis Ortiz, of Trenton, was awarded $2M as compensation for injuries sustained after falling off a house under construction on January 27, 2005.

Ortiz worked for Coffey Brothers Inc. and was working on the King’s Ferry development in West New York. Ortiz was paralyzed after the fall, and had to undergo a spinal fusion and bone graph to take pressure off of his spinal cord. He has not returned to work since and suffers severe pain.

The hearings were on June 28 and June 30, 2005 and the panel found the primary contractor, K. Hovnanian, to be 40 percent responsible and the Coffey brothers each 30 percent responsible thus reducing his award to $1.4 M. The award will be offset $255,000 due to a workers’ compensation lien.
- Michael Booth, New Jersey Law Journal

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August 10, 2005

$3M for Physical Therapy Injury

$3M was awarded to a lawyer injured during physical therapy after a rotator-cuff injury on July 29. Jeanne McManus, of Parsippany, suffered permanent injuries to her left shoulder due to inappropriate therapy at a Rehabilitation center in Newark.

He was examined by therapist Bridget Weidemoyer but treated by an unlicensed aid, Yolanda Shepard. She was instructed to engage him in an exercise that caused immediate shearing shoulder pain. After McManus complained of the pain, she told him to continue and never told the therapist of the problem.

McManus ended up needing more surgery to repair the re-tear and was left with a permanent weakness in her deltoid muscle and indentation in her left shoulder.

The third party claim was dismissed and the insurance company’s lawyer stated that “the verdict is so far beyond the reason”.
- Lisa Brennan, New Jersey Law Journal

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August 9, 2005

$8M for Obstetrician Malpractice, Cerebral Palsy Birth Defect

Obstetrician Holly Roberts was sued for having failed to act after noticing the fetal heart-rate of the child while the mother was in labor in May 1996. Roberts failed to mention the problem to her relief doctor whom also noticed the depressed heart rate but did not act.

Since they did not do a Caesarian section, child Martin Ogidi Jr. now has cerebral palsy due to their negligence. Ogidi is blind, confined to a wheelchair, and cannot speak or hold up his own head.

The settlement between the doctors’ insurance companies and the Ogidi family was for $8M.
- Charles Toutant, New Jersey Law Journal

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