New York Personal Injury Law Firm News

On May 21, 2009, after a very lengthy jury selection, Mr. Alton reached a confidential settlement in a medical malpractice case against an orthopedic surgery group, including physician assistants, and a hospital for a total of $925,000.00.  The case involved the specialty of orthopedics, vascular medicine and nursing.  The claim alleged a failure to diagnose a lack of circulation caused by a blood clot after a total knee replacement operation performed on a 59 year old woman.

On February 2, 2009, after lengthy negotiations, Mr. Alton reached a confidential settlement in regard to a medical malpractice claim against an orthopedic surgeon and a hospital for a total of $486,000.00. The case involved the specialty of orthopedic surgery. The claim involved a failure to perform a total hip arthroplasty properly on a 75 year old woman.

Mr. Alton who was listed in "New York Area's Best Lawyers" section of New York Magazine in the summer issue in 2006 and the summer and end of year issues in 2007 will be again so listed in the special end of year issue in December, 2008.

On November 17, 2008, after two mediation sessions, Mr. Alton reached a confidential settlement in a legal malpractice case against an attorney for a total of $750,000.00. The claim alleged failure to sue the correct parties resulting in the inability of the plaintiff to prosecute an action for a fall accident which resulted in multiple injuries including traumatic brain injury to a 49 year old woman.

On October 28, 2008, A New York County Supreme Court judge signed a compromise order approving the distribution of a confidential settlement in a medical malpractice case against an anesthesiologist and a hospital that Mr. Alton obtained during mediation session for the total amount of 4 million dollars. The case involved the specialty of anesthesiology. The claim alleged a failure to administer anesthesia properly during surgery resulting in brain damage to a 59 year old man.

On September 9, 2008, after selection of a jury and just prior to Opening statements to the jury, in Dutchess County Supreme Court, Mr. Alton reached a confidential settlement in a medical malpractice case against an orthopedic surgeon for a total of $687,500.00. The case involved the specialty of orthopedic surgery. The claim alleged a failure to properly perform a total hip replacement in a 37 year old man resulting in a leg length discrepancy, sciatic nerve injury and partial dropped foot.

On May 22, 2008, immediately prior to the commencement of selection of a jury in Nassau Supreme Court, Mr. Alton reached a confidential settlement in a medical malpractice case against two hospitals and a general surgeon for a total sum of 3.55 million dollars. The case involved the specialty of general surgery and critical care. The claim involved the failure to timely operate upon a bleeding spleen and treat post-operative infection resulting in the death of a 36 year old man.

On April 3, 2008, Mr. Alton reached a confidential settlement of a medical malpractice case against a radiologist, an internist and a hospital for a total of 1.150 million dollars. The case involved the specialties of radiology and internal medicine. The claim alleged a failure to properly interpret a chest x-ray which showed a lung tumor, failure to make a proper report and to inquire about the meaning of the report that led to a delay in the diagnosis of lung cancer resulting in the death of a 57 year old woman.

On March 20, 2008, a day before jury selection was to begin in Supreme Court, Kings County, Mr. Alton settled McCoy v. City of New York, et al. a medical malpractice case against the Bureau of Health Service of the New York Fire Department for a total of $750,000. The case involved the specialty of cardiology. The claim alleged a failure to properly interpret an electrocardiogram that led to a heart attack that could have been prevented in a 35 year old firefighter.

On November 16, 2006, Mr. Alton argued in the state's highest appellate court, The Court of Appeals, in Albany New York, in regard to the issue of municipality immunity from a claim of negligence against EMS in failing to respond in a timely fashion to a 911 call in Laratro v. City of New York. The firm is representing Mr. Laratro whom it is claimed suffered brain damage from the delay.

On June 24, 2005, Mr. Alton reached a confidential settlement of $600,000.00 in a medical malpractice case venued in Bronx Supreme Court involving failure to timely diagnose a collection of fluid in the cervical spine subsequent to spinal surgery. The plaintiff in said action suffered paraplegia but died 3 years after the malpractice claimed.

On January 12, 2005, Mr. Alton settled Barbara Davis v. Riverbay Corp. during selection of a jury in Supreme Court, Bronx County for $550,000.00. It was claimed that Ms. Davis, a 71 year-old woman, fell due to an improperly maintained walkway at the Bartow Mall in Coop City. Ms Davis suffered a fractured wrist, compression fracture of her back and increased episodes of angina and shortness of breath. Ms. Davis had a severe heart condition and Mr. Alton made a motion for an expedited discovery schedule and trial due to her poor health that was granted allowing this case to come to trial sooner.

On the afternoon of Friday, July 16, 2004, after a trial lasting one month in front of Judge Douglas McKeon, a jury in the Bronx awarded Andrew and Helen Rachko a total of 13.3 million dollars against Dr. Jonathan Greenberg and the New York Medical Group in the case of Rachko v. Greenberg for pain and suffering, loss of earnings and and loss of services in a medical malpractice case involving misdiagnosis and delay in diagnosis of a benign cervical tumor in Mr. Rachko's spinal cord which caused severe neurological injuries including numbness, loss of position sense and uncomfortable sensations.

On May 25, 2004, after jury selection and immediately prior to Opening Statements to a jury before Judge Nicholas Figueroa in Supreme Court for New York County, Mr. Alton settled the case of McBrinn as Executor of the Estate of Mark Burns v. N.Y.P.D. in the amount of $950,000.00 with the City for 2 ½ years of pain and suffering as a result of a claim of negligent driving on the part of a police officer. Mr. Burns, a 58 year-old building superintendent was crossing the northbound lanes of Broadway at 74th Street in the crosswalk on June 5, 1998 at 3:30 p.m. when he was struck by a police van on routine patrol turning left onto Broadway from 74th Street. Mr. Burns was knocked to the pavement striking the back of his head. This caused him to suffer a parietal skull fracture and a contusion of the temporal and frontal lobes. The resulting injury caused a change in personality, memory loss, and inability to process information correctly which destroyed the quality of his life and caused mental anguish for 2 ½ years prior to his death.

On November 21, 2003, Mr. Alton settled Arnold v. Cohen, with the defendant doctor in a plastic surgery medical malpractice case before the deposition of the defendant. The amount of the settlement is confidential. The case involved the failure to perform a tummy tuck properly.

On April 8. 2003, after a two week trial, a New York County jury returned a verdict for $460,000.00 against St. Vincent's Hospital and Medical Center and Bigelow Pharmacy in Devaux v. St. Vincent's Hospital and Medical Center, et al. This case involved the improper prescribing of the drug Toradol, a pain medication, and improper filling of the prescription.

On October 23, 2002, Mr. Alton settled with two doctor defendants for $750,000.00 in a medical malpractice action in Supreme Court, New York County, involving failure to evaluate, diagnose and treat an 80 year old woman with an aortic aneurysm that dissected six days later causing her death. Due to the gross nature of the medical negligence involved, the pleadings asked for punitive damages. This factor accounted in part for the size of the settlement, 4 days before jury selection was to begin, despite the limited pain and suffering involved.

On August 8, 2002, Mr. Alton settled Weinman v. Dov Jam Corporation and Mohammad Mansha, involving a taxi collision with extensive hand injuries to the plaintiff in Queens Supreme Court after selection of a jury for $150,000.00 despite the fact that the insurance coverage was only $25,000.00.

On June 13, 2001, after one week of trial, Mr. Alton settled with the defendant for $400,000.00 in Marrano v. Rad, a medical malpractice case involving a failure to properly treat scrotal cellulitis which became Fournier's Gangrene. The plaintiff only lived 19 months after the malpractice claimed. The claim was for pain and suffering only. There was no claim for wrongful death.

On May 14, 2001, the firm moved to 548 West 28th Street, Suite 670, New York, New York 10001 in the heart of West Chelsea in Manhattan on May 14th, 2001. The exciting loft space was designed by Walter Alton in collaboration with Ludwig Michael Goldsmith, A.I.A. Everyone at the Alton firm is glad to be working in this bright, open, and vibrant space.

In May, 2000, Mr. Alton settled with two doctor defendants for 3 million dollars in Kosowski v. Staten Island Hospital, a case involving failure to diagnose herpes in an infant. There is a motion pending in regard to the hospital residents.