Steven Goldberg has been fighting for the rights of clients since 1989. We’ve helped people in Ohio and all over the country receive the compensation they need and deserve. The following case results are examples of our successes in the areas of mesothelioma and asbestos-related diseases, personal injury, birth injury and wrongful death, medical malpractice, and injury from dangerous drugs and defective devices. Insurance companies, medical professionals, and other entities often require confidentiality in their lawsuits; therefore, we cannot provide outcomes for all of our cases. We will, however, be pleased to discuss the results of cases with you privately.
Because each case is different, past results cannot predict the outcome or value of your case. While we can’t guarantee outcomes, we can guarantee that your case will get our best efforts. The value of your case will depend, in significant part, on the specific facts and the specific law applicable to your case, and the results obtained in one case does not necessarily forecast what the result will be in your case. If you or someone you know has experienced a permanent or serious personal injury, please contact Steven M. Goldberg for a consultation. Learn more about how we work for you.
Mesothelioma: $4.2 million awarded to a New York plumber’s wife and family for injuries suffered as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $1.6 million settlement was awarded to an Ohio worker and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $1.1 million settlement was awarded to a Virginia worker as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $1.2 million settlement was awarded to an Ohio worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $948,000 settlement was awarded to a New York worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $700,000 settlement was awarded to an Ohio worker, his wife, and children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $730,000 settlement was awarded to a Washington worker, his wife, and children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $611,000 settlement was awarded to an Oregon worker and his wife and children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $603,000 settlement was awarded to an Ohio worker and his wife and children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $546,000 settlement was awarded to a Virginia worker and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $510,000 settlement was awarded to an Ohio worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $389,000 settlement was awarded to an Ohio worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $379,000 settlement was awarded to an Ohio worker as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $368,000 settlement was awarded to an Ohio worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $336,000 settlement was awarded to an Ohio worker and his wife as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $311,000 settlement was awarded to an Ohio worker, his wife, and his children as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $250,000 settlement was awarded to a Florida worker and his wife as a result of his mesothelioma caused by exposure to asbestos.
Mesothelioma: $210,000 settlement awarded to an Ohio worker, her husband and children as a result of her mesothelioma caused by exposure to asbestos.
Mesothelioma: $168,000 settlement awarded to an Ohio worker and his wife as a result of his mesothelioma caused by exposure to asbestos.
Learn more about asbestos-related diseases and mesothelioma claims.
Assault
Assault: $375,000 pre-suit settlement awarded to client who was the victim of an unprovoked attack wherein a doctor came up behind the client and punched him in the face, causing the client to hit the floor, knocking him unconscious. The attack took place at a bar located in a golf club following the viewing of the pay-per-view boxing match between Floyd Mayweather and Manny Pacquiao. The doctor was criminally charged with 2nd degree felony assault and pled guilty to reckless assault.
Aviation deaths
Aviation: Confidential wrongful death settlement awarded to loved ones from TWA Flight 800. Soon after the Paris-bound flight took off from JFK Airport in New York on July 17, 1996, the Boeing 747 exploded off Long Island, killing all 230 aboard and live in a surreal, fiery crash site water. Investigators believe that the jet airliner was brought down by a center fuel tank explosion ignited by a spark from a short circuit.
Aviation: $1,140,000 settlement awarded for wrongful death to the family of a young woman passenger aboard US AIR Flight 427, a Boeing Aircraft 737 which crashed on its approach to Pittsburgh International Airport. The aircraft suffered an uncommanded rudder deflection, resulting in an uncontrolled roll of the aircraft.
Birth Injury
Wrongful Death: Resolution of wrongful death claims on behalf of parents grieving the loss of their 7-month-old daughter. The claims were settled for $3.8 million and were the result of medical negligence arising from open heart surgery to correct a congenital heart defect. The little girl was born with a structural abnormality of the heart that affects normal blood flow. The defect is rare and must be repaired surgically during the early months of life. The surgery is complicated and involves the closure of a hole in the heart and the enlargement of a valve by cutting away obstructive muscle tissue. During the procedure, the surgeon must paralyze the child’s heart and maintain the child’s circulation with cardiac bypass technology. Mr. Goldberg, with the assistance of co-counsel Romney Cullers, determined that the child suffered a global ischemic heart injury as a direct result of the surgical team’s failure to properly infuse medications used to paralyze the heart. The child’s heart was rendered non-functional during the surgery, and she unfortunately died in the hospital. It is our hope that these parents will find solace and somehow move forward after this horrific tragedy.
Boating/Maritime Mishap
Boating/Maritime Mishap: $475,000 awarded for personal injury. Client was invited to join an excursion to watch Cleveland’s fireworks from Lake Erie on July 4, 2014. The vessel wasn’t equipped with functioning radar, a fact unknown to Client. Upon return to the Yacht Club, the operator/owner of the boat asked a passenger to assist him as lookout despite the fact that this passenger was drunk. Because the vessel had no radar, the operator failed to identify the breakwater until the boat was 10-20 ft. away and his attempts to turn and throttle down came too late given his excessive speed. The boat crashed into the breakwater and our Client who was seated in the back of the boat was violently propelled from her seat causing her to strike multiple objects. She suffered severe and disabling injuries.
Premises Liability
Wrongful Death: Failure of security company and apartment complex to protect elderly resident from being brutally raped and murdered by a nonresident trespasser. Judgment granted in favor of victim’s family and against criminal defendant as follows: compensatory damages in the sum of $3,000,000.00; punitive damages in the sum of $15,000,000.00; and attorneys’ fees in the sum of $720,000.00. Global settlement of $570,000.00 obtained from negligent security company and apartment complex for the combined failure to protect a 60-year-old female resident.
Personal Injury: $200,000 awarded for personal injury to Client who was injured while exiting a karaoke theater on a cruise ship. As Client began her descent down a set of stairs located by a sound booth, a ship’s personnel opened a set of doors marked “employees only” and a bright light obfuscated the stairs. Client grabbed for hand rails but there were none and she fell forward in an awkward manner. Client’s right foot twisted and turned causing an unstable displaced fibular fracture which required surgical intervention.
Vehicle accidents and deaths
Truck: $1,518,104.50 wrongful death pre-suit settlement awarded on behalf of surviving children whose father was fatally injured when garbage truck negligently backed up and ran over him.
Truck: $1,500,000.00 wrongful death pre-suit settlement awarded on behalf of surviving children whose mother and father were fatally injured when their SUV was struck from behind by a tractor-trailer, which crushed them into the rear of the tractor-trailer that was in front of them. Their SUV and the tractor-trailer that had initially struck them, then caught fire, consuming both vehicles.
Auto: $500,000 awarded for personal injury to 94 year old woman who was standing behind a truck parked on a one way street to keep warm when the driver backed up and ran her over. Client sustained a pelvis fracture.
Auto: $525,000 awarded for personal injury to a 34 year old man who was proceeding through an intersection when a taxi-cab driver failed to yield and attempted to turn left and drove directly into the path of client’s car. The client sustained serious painful physical injuries.
Auto: $165,000 awarded for wrongful death on behalf of 89 year old woman who pulled out of a private driveway on to roadway with no lights on when a teenage driver traveling at a high rate of speed struck her automobile broadside.
Auto: $130,000 awarded for wrongful death on behalf of 94 year old man who was fatally injured while being transported via ambulette to a dialysis appointment. The driver of the ambulette struck the rear of a vehicle stopped in traffic.
Auto: $300,000 awarded for personal injury to client who was a passenger in her vehicle when a tractor-trailer crossed lanes of travel causing the trailer to strike the vehicle. She sustained serious painful physical injuries.
Motorcycle: $950,000 awarded for personal injury to client who was operating a motorcycle when a motorist carelessly and without warning failed to negotiate a curve and struck client’s motorcycle causing severe and disabling injuries.
Motorcycle: $690,000 awarded for personal injury to client who was operating a motorcycle when a motorist carelessly and without warning pulled out from a private drive on to a public road causing client to drop his bike and roll in to the car. He suffered an aggravation of prior injuries.
Motorcycle: $310,032 awarded for wrongful death to client who was riding on the back of a motorcycle when the driver lost control throwing her. Client sustained immediate head injuries and died at the scene of the accident.
Auto: $242,250 awarded for personal injury to clients who were two of six teenage passengers in a motor vehicle driven by a young man at a high rate of speed when he ran off the road striking a curb and a stone bridge. Three of the six passengers were fatally injured. Both clients were injured, but there were limited insurance proceeds to recover.
Auto: $185,000 awarded for personal injury to client who was traveling northbound on roadway when a south-bound motorist lost control of her vehicle, slid across to the northbound lane and hit client head on. Client suffered a wrist fracture.
Auto: $165,000 awarded for personal injury to client who was proceeding through an intersection when a motorist turned into client’s path causing a collision. The client sustained severe and permanent injuries from the accident.
Motorcycle: $150,000 awarded for personal injury to client who was operating his motorcycle when a motorist pulled out of a private parking lot and struck client’s motorcycle causing client to suffer a wrist dislocation and fracture.
Auto: $110,000 awarded for personal injury to client who was operating her vehicle when a 17-year-old motorist went left of center and crashed into client’s vehicle killing her passenger and causing mental/emotional injuries to client because she witnessed the injuries which caused the passenger’s death. Passenger was represented by another law firm.
Auto: $105,000 awarded for personal injury to client who was operating her vehicle when a 74 year old former school bus driver failed to obey a red traffic light and struck client’s vehicle causing it to flip over and land on its roof trapping client inside. Client sustained moderate injuries from the accident.
Auto: $105,000 awarded for personal injury to client who was a passenger in a vehicle driven by her fiancee when a motorist driving under the influence went left of center and crashed into their vehicle killing the fiancee and injuring the client causing her severe physical injuries along with mental/emotional injuries because she witnessed the injuries which caused the death of her fiancee. The fiancee was represented by another law firm.
Auto: $100,000 awarded for personal injury. Client was traveling westbound and was struck by a motorist when he pulled into client’s path while attempting to make a left hand turn. The accident caused client to suffer moderate personal injuries.
Auto: $100,000 awarded for personal injury. Client was riding her bicycle when she was stuck by a motorist who turned into her path causing a collision. Client sustained severe and permanent injuries from the accident.
Falling Tree Limb: While driving on state route 304 in Trumbull County, Ohio, client’s pickup truck was struck by a falling tree limb crushing his truck causing injuries to himself and his two children who were in the truck with him. The terms of the settlement with the Ohio Department of Transportation are confidential.
Auto: $100,000 awarded for personal injury to client who was stopped on roadway attempting to turn when a motorist traveling southbound failed to stop in an assured clear distance striking client’s vehicle causing her to sustain moderate personal injuries.
Railroad injuries and deaths
Railroad Crossing: Wrongful death settlement for decedent, age 26, who was a passenger in a vehicle that was struck by a train at a crossing with no flashing lights and no roadway gates. The terms of the settlement with Consolidated Rail Corp. are confidential.
Railroad Crossing: Personal Injury. Gerald Carpenter sued Conrail after he was hit by a train on Ohio 172 near Moultrie in northeastern Ohio. The suit alleged Conrail failed to adequately warn motorists of the crossing. The case was forwarded to the Ohio Supreme Court for review. The case was referred back to the Mahoning County jury and settled for a confidential amount.
Work-related accidents
Work injury: $800,000 awarded for personal injury. Client was backing a Caterpillar D400 hauling truck down a slope when a brake and/or mechanical failure caused the truck to accelerate, roll and bounce backwards 500 feet into a service road drainage ditch. Client suffered a broken back and was unable to work for nearly one year.
Work injury: $100,000 awarded for personal injury. Client was walking through work plant when he was struck by a C-Clamp that had fallen from the 4th floor. The accident and resulting injuries was caused by an independent contractor’s failure to properly secure tools and the work environment. Client was treated for injuries.
Wrongful Death/inadequate security: A vocational ward shot and killed two service counselors while being transported by them to a road side rest stop where he was assigned to work. The terms of this settlement are confidential.
Work injury: $212,414.74 awarded for personal injury. While working in a maintenance building, client fell into a dark pit and sustained severe injuries.
Dog Bite: $189,920.99 awarded. Structured settlement child was attacked by her baby-sitter’s dog and suffered severe bites to the right face. She underwent plastic surgery and will probably need additional treatment.
Dog Bite: $135,971 awarded. Structured settlement child, while visiting cousins in Pennsylvania, was attacked by their pet dog. Child had surgery to repair multiple lacerations to her face.
Electrocution: Client suffered life-changing electrocution while cleaning the floor at a bar. She came in contact with some frayed electrical wires and received a significant shock to her right arm and was thrown back and severely injured. The terms of this settlement are confidential.
Learn more about personal injury and life-changing injury claims.
Medical Malpractice/Misdiagnosis – Failure to Properly Diagnose Spinal Cord Compression and Spinal Abscess: Attorney Goldberg negotiated a confidential multi-million dollar settlement for a 47-year-old female assembly line worker who is now permanently disabled and suffers from spastic para-paresis as a consequence of negligent care in an urban emergency department. On her first presentation to the emergency room, the patient, who had no significant past medical history, presented complaining of severe pain in the back of her neck. She was assigned to receive care by a physician’s assistant who diagnosed her with acute torticollis and sent her home with a prescription for pain medication and muscle relaxants. The patient had no relief from the first dose of pain medication and did not like the groggy feeling that she experienced from the muscle relaxants. Accordingly, she stopped taking the prescriptions. Over the following days, the patient continued to experience severe pain in the back of her neck and developed progressive numbness and tingling in her hands. She returned to the same emergency department twice reporting her progressive and unremitting symptoms. On her third presentation to the emergency department, the patient was finally brought to the attention of the E.R. physician who, like the physician’s assistant, failed to perform a reasonable neurological evaluation and refused her family’s repeated requests to perform a CT or MRI on the patient’s neck to determine the cause of her progressive and unremitting symptoms. Instead, despite the patient’s reports that she was not taking the pain medication and confirmation of this fact by urine drug testing that was negative for opioids; she was repeatedly dismissed by her E.R. caregivers as being “pain-seeking” and sent home. On the patient’s fourth visit to the same emergency department, an MRI was finally performed and her epidural abscess was appropriately diagnosed and treated. Unfortunately, because the untreated abscess had been compressing her spinal cord for a substantial period of time before it was evacuated; the patient was left with significant permanent neurological injury.
Medical Malpractice: $2,000,000 awarded. This case involved the failure to timely diagnose and treat a severe circulatory compromise in Client’s legs and feet, while he was hospitalized in the ICU, which led to a prolonged period of ischemia in his lower extremities and directly resulted in an above the knee amputation of Client’s left leg and a below the knee amputation of his right leg. Client age 54, an employed welder with an 11th grade education, was single and living with his mother.
Emergency Room Error: $1,300,000 awarded for wrongful death on behalf of a woman presented to a regional hospital in Class III shock. She was never adequately evaluated and/or resuscitated despite obvious signs of shock and volume depletion.
Medical Malpractice/Wrongful Death: $1,150,000 awarded for wrongful death. Client died as a result of an untreated perforation of the gastrointestinal tract and untreated infection from the perforated bowel.
Medical Malpractice/Wrongful Death: 59-year-old patient was transferred prematurely from CICU, where he exhibited multiple signs and symptoms of progressive congestive heart failure, to a minimally-monitored nursing floor, where he became hypoxemic. This led to progressive heart failure and death. The terms of this settlement are confidential.
Medical Malpractice/Misdiagnosis: $650,000 awarded for wrongful death. Client died from a cancerous growth that defendants’ failed to diagnose before the cancer metastasized. Client underwent extensive surgeries, radiation therapies and chemotherapy in a failed effort to slow the growth of the cancer.
Medical Malpractice: $650,000 awarded for wrongful death. Patient’s heart condition was being treated by a pacemaker which became infected. Two doctors were involved in negligent malpractice.
Medical Malpractice: $600,000 awarded for wrongful death. Doctor failed to properly operate and manage equipment during laparoscopic gallbladder surgery, causing complications and death.
Medical Malpractice/Wrongful Death: $450,000 pre-suit settlement against local hospital for a single, elderly woman with no children who resided in a skilled nursing facility. Patient underwent general anesthesia for cataract removal and suffered prolonged hypoxia and anoxic encephalopathy resulting in a permanently unresponsive, bedbound state until her death shortly thereafter. Anesthesia Care Team should have had a plan, equipment, and personnel available for the management of the foreseeable inability to intubate/oxygenate/ventilate.
Medical Malpractice/Wrongful Death: $450,000 awarded for wrongful death. Client’s death occurred as a result of multiple pulmonary emboli, a condition which could have been reversed with proper diagnosis and available treatment.
Medical Malpractice: $450,000 awarded for wrongful death. Terminally ill patient was administered a lymphocytic transfusion containing contaminated autologous lymphocytes, resulting in septicemia and multi system organ failure.
Medical Malpractice/Misdiagnosis: $417,500 awarded in wrongful death. Client died as a result from complications of a ruptured appendix. Doctor failed to diagnose decedent’s abdominal condition and failed to admit him to hospital for care and treatment.
Medical Malpractice: $370,900 awarded for personal injury. Client was admitted to hospital for a scheduled laparoscopic Nissen fundoplication. Doctor failed to properly monitor, diagnose, and care for client.
Medical Malpractice: $400,000 awarded for wrongful death. Primary care doctor failed to identify, diagnose or treat patient’s squamous cell cancer of his right ear causing premature death.
Misdiagnosis: $390,000 awarded for wrongful death. Client was severely injured in a construction accident causing a laceration of his right side. Client complained of neck and back pain. Cervical x-rays did not reveal injury to the 7th cervical vertebrae which resulted in paralysis and death.
Emergency Room Error: $275,000 awarded for wrongful death. 74-year-old woman with symptoms of heart attack was left untreated in emergency room contributing to her death.
Medication Error: $262,500 awarded for wrongful death. Hospital permitted the administration of inappropriate/non-prescribed medications to client and then failed to properly monitor and treat her rapidly deteriorating condition resulting in death.
Misdiagnosis: $245,000 awarded for wrongful death. Client, unmarried and no children, died as a result of lung cancer. Because of the doctor’s negligence, her cancer was permitted to grow from an early treatable stage to an advanced incurable stage.
Misdiagnosis: $225,000 awarded for wrongful death. Doctor failed to identify, diagnose or treat late-stage colon cancer. Client’s life expectancy was diminished as a result of the missed diagnosis.
Medical Malpractice: $221,500 awarded for wrongful death. Client with history of upper and lower back pain, attributed to a motor vehicle accident sought treatment from doctor for his persistent back pain and drug dependency. Doctor prescribed a lethal dose of the narcotic Methadone along with Diazepam. Client died as a result of prescribed medications.
Loss of Chance: $200,000 awarded. This loss of chance case involved an 81 year old patient with a handful of comorbidities, but none reduced his life expectancy or caused his demise. He previously had an open abdominal aortic aneurysm (AAA) repair at a Pennsylvania hospital. Thereafter he developed another aortic aneurysm, this time thoraco-abdominal (TAAA), which required repair. Due to his previous open repair and other disqualifying factors, the only option available to him was an IDE, for a novel Endovascular Branched Stent Graft (as he could not undergo another open procedure). Patient was recommended by his physicians in Pennsylvania to come to Cleveland Clinic where they were doing a large single site IDE for endovascular TAAA repairs. This was a Phase 1 safety study of the Fenestrated Endovascular Aortic Aneurysm Repair (FEVAR). There were multiple inclusion criteria for participation in the study, including a life expectancy of greater than 2 years. Patient qualified without question. The ICF noted that the risk of paralysis was 4%, but in reality, with greater amounts of coverage of the aneurysm (the procedure placed an anchored stent within the aorta to isolate the aneurysm), the risk probably was more like 6-8%.
Patient underwent surgery in February 2013. One of the neuroprotective measures employed for almost all of the patients in the study was the insertion of a Lumbosacral Subarachnoid (SA) Drain, which would enable control of the flow of CSF and regulation of the CSF pressure. Paraplegia often results from FEVARs due the sacrifice of collateral blood flow beds which feed the spine, and the use of the drain is a successful measure in both preventing the likelihood of paraplegia, and/or reducing its severity and permanency. Patient’s SA drain was placed by the cardiothoracic anesthesiologist in the OR without event. The SA drain line leading from the patient to the measurement and collection system used a small stopcock and an infusion port. But the port is Never Used, and in order to prevent accidental infusion, it is routinely covered by the inserting physician. In this case, the port was encapsulated with 2” white OR tape, rendering it inaccessible, and wrote “SPINAL DRAIN” in all capital letters in BOLD BLACK SHARPIE. The patient did fine in the OR, and was taken to the cardiovascular ICU (CVICU) to convalesce.
The Patient arrived in the CVICU with the tape on the drain port. For a number of hours, his legs moved normally and he had normal sensation (both excellent prognostic signs). The nurse who was assigned only two patients evening shift had been a nurse for a few years, but he only recently had started nursing in the CVICU. His previous reviews were horrifying and demonstrative of “unsafe” and poor nursing skills. Yet, he was hired into the CVICU. He had very little experience (admitted by him and his nurse manager) with SA drains, prior to this patient. The proper “meticulous” use of the drain is required or its therapeutic benefit is lost.
Inexplicably, the CVICU Nurse injected Albumin (itself marked “IV only”) into the infusion port of this patient’s SA drain (having had to remove the warning tape/protective device). The Albumin SNAFU was discovered some time later, and this “BIG ISSUE” triggered a middle of the night investigation. Strangely, the Nurse was put back on the floor after the investigation, to continue caring for Patient.
There is one hour during the Nurse’s shift where his whereabouts and activities are not described (Nurse did not chart for one complete hour, and added critical entries after they occurred without noting them as “late entries” as required), during which no nursing was provided to Patient by him, and the Patient’s legs became paralyzed. This paralysis never was reversed, and Patient lived the remainder of his life incontinent of bowel and bladder, with no movement or sensation below his navel. Patient died from pneumonia (the most common cause of death among paraplegics) living in a hospital bed in his home in Pennsylvania.
The issues in the case were whether Nurse’s conduct caused the paralysis (including mishandling/misuse of the SA drain, causing the paralysis to develop/persist) or whether his Albumin misadministration into the SA drain prevented the drain from doing its spinal neuroprotective purpose, causing the paralysis to persist and not recover. Nurse’s negligence was admitted.
Emergency Room Error: $100,000 awarded for wrongful death. 78-year-old client, presented to the emergency room and the triage assessment, failed to disclose history of vascular disease or coronary artery disease. An ECG was obtained which identified numerous abnormalities. Client was given Mylanta and discharged home where he died shortly there after.
Emergency Room Error: Confidential settlement of birth defect lawsuit following a $2.5 million payment suggested by panel of arbitrators. Doctor prescribed medication to pregnant woman that eventually harmed fetus, causing severe retardation of skeletal development. Mother informed the emergency room physician that she might be pregnant. Doctor gave her the antibiotic Vibramycin which can cause problems for pregnant women.
Misdiagnosis: $2,000,000 awarded for personal injury. Doctor misinterpreted the pathology slides as benign while, in fact, they were malignant superficial spreading melanomas. Client’s diagnosis of malignant melanoma was delayed for more than two years.
Misdiagnosis: $170,000 awarded. Doctor failed to properly diagnose, treat, and if necessary, remove a tumor and/or growth and/or repair a vision issue on client.
Misdiagnosis: $150,000 awarded. Doctor misdiagnosed 13-year-old boy’s slipped capital femoral epiphysis, despite the obvious displacement indicated on the x-rays.
Medical Malpractice: $130,000 awarded. Doctor negligently prescribed antidepressants without having sufficient knowledge, skill and training in the treatment of mental disorders in adult patients. Patient eventually tried to commit suicide.
Emergency Room Error: $700,000 awarded. Emergency room personnel failed to evaluate or monitor client with diabetes and peripheral vascular disease or to notify a vascular surgeon of the significant changes in her condition. By the time client had a surgical consult, her leg was unsalvageable and required amputation.
Birth Injury: $115,000 awarded. Despite the request of birth mother for a C-section, doctor performed a forceps delivery causing infant to suffer minor brachial plexis injury.
Birth Injury: Brachial plexis injury/Erb’s palsy. Fortunately the child in large part recovered – or at least adapted to his disability and he is described as functional despite a residual left upper arm dysfunction. The terms of this settlement are confidential.
Medical Malpractice: $285,000 awarded. Doctor’s insurance company was bankrupt and settlement was subject to a $300,000 OIGA cap. During surgery to remove a non-functioning left kidney, a portion of a patient’s colon was perforated. The patient underwent additional surgical mistakes. After years of surgeries to correct the errors, pain and mental anguish, the patient died.
Dental Malpractice: Dentist performed pre-implant dentistry procedure and failed to identify a pre-existing infection in the patient’s lower jaw. Client suffered an osteomyelitis (bone infection) of her lower jaw which required oral surgery and resulted in a lengthy period of pain and suffering. The terms of this settlement are confidential.
Medical Malpractice: During a procedure utilizing a fiber optic device, the client, a fashion model suffered third-degree burns on her chest. Doctor failed to properly treat the burn resulting in permanent scarring of her chest. The terms of this settlement are confidential.
Failure to Diagnose/Wrongful Death: Doctor failed to order a biopsy of tissue removed from client’s vagina and failed to identify or treat her vaginal cancer until it progressed to an advanced state, thereby shortening her life. The terms of this settlement are confidential.
Medical Malpractice: While undergoing a laparoscopic vaginal hysterectomy, doctor stapled a portion of client’s small bowel to the right pelvic side wall and failed to recognize or treat it appropriately. Client suffered permanent damage to her small bowel and ultimately required a segment of bowel to be removed. The terms of this settlement are confidential.
Birth Injury: Doctors failed to determine that mother’s fetus was in a state of fetal distress while she was in the delivery room and delayed performing a Cesarean section causing her son to sustain severe irreversible brain damage. The terms of this settlement are confidential.
Medical Malpractice: Doctor and surgical nurse failed to discover and remove a hook from client’s lower back requiring additonal surgery and hospitalization for the removal of the hook. The terms of this settlement are confidential.
Medical Malpractice: $450,000 awarded. Doctor failed to identify a major nerve and dissected it thereby paralyzing client’s vocal cords. Client speaks just above a whisper.
Dental Malpractice/Product Liability: Dentist was careless in extracting several teeth by using such force as to cause the extraction forceps to break and enter client’s throat and lodge in her right lung. Client underwent further surgery to remove the fragment. The terms of this settlement are confidential.
Medical malpractice/Wrongful Death: While performing an angioplasty procedure to install a temporary pacemaker, the doctor perforated the inferior vena cava and failed to recognize error. The patient hemorrhaged internally, and her untreated condition deterioraated resulting in emergency surgery. Due to the combined carelessness and negligence of the health care providers, the patient suffered severe pain ultimately died. The terms of this settlement are confidential.
Nurse Error: $100,000 awarded. Client had malignant mesothelioma. He was in an ICU setting surviving on one lung. A nurse attempted to place a feeding tube and penetrated his working lung causing a pneumothorax. A product liability lawsuit is pending.
Nursing Homes and Geriatric Care
Wrongful Death: $250,000 awarded. STNA dropped 89-year-old resident on a shower room floor causing bilateral spiral fractures to her mid femurs. Resident was returned to her bed without summoning medical assistance. Her injuries were discovered three day later by her daughter. Because of the delay in medical treatment, the resident suffered extended hospitalization and pneumothorax caused by insertion of a catheter .
Nursing Home Assault: Resident suffered multiple contusions and fractures of the head and hip. The terms of this settlement are confidential.
Learn more about medical and hospital malpractice claims.
Heparin: Confidential aggregate settlement surrounding the fatal contamination of the critically important drug Heparin. The Goldberg Law Firm Co., LPA actively litigated this suit as part of the Ohio counsel teams representing many of injured Ohio consumers, working on their behalf to help reach this settlement.
Yaz, Yasmin, Ocella: Bayer AG settled a number of lawsuits filed by The Goldberg Law Firm Co., LPA for claiming that its Yasmin and Yaz contraceptives caused venous clot injuries (deep vein thrombosis or pulmonary embolism) in women after a case specific analysis of medical records. Pills like Bayer’s Yasmin, which contain a synthetic hormone called drospirenone, will now have warning labels saying researchers have found they may triple the risk for clots. Settlement with our firm averaged $230,000 per claim. https://www.nytimes.com/2009/09/26/health/26contracept/?_r=0
NuvaRing: NuvaRing® (ethinyl estradiol / etonogestrel) is the trade name for a vaginal contraceptive ring manufactured by Merck (formerly Schering-Plough, formerly Organon). Like other forms of combination hormonal contraception, NuvaRing contains estrogen and progestin hormones. However, the type of progestin used in the NuvaRing, is considered a third-generation progestin and is associated with a greater risk for developing blood clots than the type of progestin that is used in most birth control pills. Thousands of lawsuits were filed on behalf of NuvaRing victims. On June 5, 2014, Merck and attorneys for the 3,800 NuvaRing claimants announced a $100 million settlement. The Goldberg Law Firm Co., LPA participated in this suit as counsel representing many injured women across the nation.
Depuy Hip: The ASR XL Acetabular and ASR Hip Resurfacing system hips are metal-on-metal, artificial hip implants manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. Close to 40,000 patients in the U.S. received a DePuy ASR hip implant from its introduction to the market in August 2005 through August 2010, when DePuy issued a recalled for the device. On November 19, 2013, Johnson & Johnson announced its agreement to pay at least $2.5 billion to resolve thousands of defective DePuy ASR hip implant lawsuits. Johnson and Johnson provided a base award of $250,000 to U.S. citizens and residents who were implanted with a ASR XL or ASR resurfacing device, and who underwent surgical revision (removal and replace of the faulty hip implant) of the DePuy device more than 180 days after implantation and before August 31, 2013. In addition to the $250,000 base payment, Johnson & Johnson also reimbursed most liens held by public and private insurers for medical costs they covered related to device failure. The Goldberg Law Firm Co., LPA participated in this suit as counsel representing many injured consumers.
Zyprexa: $700 million global settlement of approximately 8,000 cases with drug company Eli Lilly for allegations that the atypical anti-psychotic drug Zyprexa caused diabetes and diabetes-related injuries. The lawsuits alleged that Eli Lilly failed to adequately warn patients and their doctors about the drug’s known association with diabetes and other injuries. The Goldberg Law Firm Co., LPA participated in this suit as Ohio counsel representing hundreds of injured Ohio consumers.
Gadolinium MRI Contrast: Confidential compensation awarded to the estate of the patient who had MRI with contrast media gadolinium, and suffered debilitating, fatal injuries. The manufacturers should have known, that their products, were not reasonably fit, suitable or safe for their intended purpose and, specifically, that they were defective and unsafe for use in patients with renal insufficiency.
Kugel Mesh: Bard Inc. agreed to pay $184 million in settlement of 2,600 Kugel Mesh lawsuits. The cases involve the Kugel surgical mesh patches made by Davol between 2001 and 2006. The patches design includes a “memory recoil ring” that redeploys once inside the abdomen. According to the lawsuits, some of the rings broke under stress, and consequently became loose and migrated throughout the body, resulting in stomach pain, perforated bowels and, in some instances, death. Following reports of injuries, Davol began a recall of the patches, which was followed by an FDA-issued mandatory recall for a range of Kugel Mesh patches. The Goldberg Law Firm Co., LPA participated on behalf of his Ohio clients as co-counsel to the Motley Rice firm in Providence, R.I., co-lead counsel and liaison counsel for the Plaintiffs in the MDL.
DPT vaccine: Parents and child awarded compensation for injuries suffered after their son, who was given a DPT vaccine, and suffered a vaccine-related encephalopathy. The special master found that the child’s mental retardation and seizure disorder were a result of this vaccine-related injury, and an award was annuitized providing for lifetime payment of approximately $9 million dollars. Instead of suing the doctor, nurse, clinic or the maker of the vaccine, vaccine injury claims were submitted to the National Vaccine Injury Compensation Program.
Vaccine Injury: Compensation awarded as a result of a vaccine injury. Claimant suffered from a residual seizure disorder. An award was annuitized providing for lifetime payments of nearly $2.5 million dollars.
Pacemaker: Global settlement. Case involved a nationwide products liability action against a pacemaker manufacturer for placing into the stream of commerce a defective pacemaker lead. The terms of settlement are confidential.
Celebrex/Bextra: The drug company agreed to a $894 million dollar global settlement to resolve personal injury claims for the painkillers Celebrex and Bextra. While Celebrex is still on the market, Bextra was removed in 2005 due to safety concerns over cardiovascular risks and some life-threatening skin reactions. Celebrex received a black box warning, the strongest issued by the FDA. The Goldberg Law Firm Co., LPA participated as local counsel on behalf of many injured Ohio consumers.
L-Tryptophan: Compensation for injuries suffered by middle aged woman who used L-tryptophan and/or products containing L-tryptophan. The terms of the settlement are confidential.
Dialysis: $650,000 awarded for personal injury. Shortly after receiving a dialysis treatment, client became ill and was taken to the hospital and treated for bacterial sepsis. Subsequent testing revealed that there were elevated bacterial levels in the water supply being used in the dialysis treatment of patients.
Dialysis: Shortly after receiving a dialysis treatment, client became ill and was transported to the local hospital where he was admitted and treated for infected vascular access and systemic inflammatory response syndrome (SIRS). The dialysis center violated anti-contamination rules, thereby, infecting client and causing him severe and painful physical injuries. The terms of the settlement are confidential.
Learn more about dangerous drugs and defective devices claims.
Class Action: $15 million settlement to end a class action lawsuit brought by merchants against North American Bancard, LLC (“NAB”) and Global Payments Direct, Inc. The lawsuit claimed defendants overcharged for processing payment card transactions by marking up certain fees by small amounts and adding unauthorized fees. Defendants denied they overcharged merchants or did anything improper. NAB agreed to change certain business practices in exchange for release of claims against NAB and dismissal of the class action lawsuit.
Class Action: Target Corp. will pay $10 million to resolve multidistrict litigation (MDL) over a notorious data breach in late 2013 that compromised the personal information of up to 110 million consumers. Under the agreement, which includes up to an additional $6.75 million for attorneys’ fees, consumers who can document their losses will be eligible for up to $10,000 in damages. Goldberg Legal represented Ohio class – action representatives in the MDL. Target agreed to pay $10 million to settle a class action lawsuit filed over the company’s massive 2013 data breach. In one of the largest data breaches ever, many of Target customers who were holiday shopping between November 27 and December 15, 2013 may have had their debit or credit card information stolen. Target confirmed that malware was installed in checkout terminals in stores across the country and announced that 40 million customers could potentially be affected by the breach; however, reports allege that many shoppers’ bank accounts had been compromised. https://www.cleveland.com/metro/index.ssf/2014/01/target_stores_accused_of_negli/
Good Old Fashioned Real Estate Swindle: Declaratory Judgment – Approximate Value $12 million: Defendants improperly attempted to change ownership of commercial property by altering the LLC that legally owned a majority interest in the property. In its most simplistic form, there was an attempt to do indirectly that which they could not do directly. Phase 1 of a 2 -part Trial, the Court declared “An oral contract for the transfer of real estate is worth the paper it is not written upon.”
[View the 35 page Court Decision: https://www.dropbox.com/s/ceru95z5z2iq0m5/GERSTON%20-%20JE.pdf?dl=0]
Insurance Bad Faith: $127,190.62 awarded. Family home destroyed by fire. Insurance claimed arson but was unable to substantiate the claim.
Civil Rights Section 1983: William R. Vaughn vs. Detective Sgt. Robert Davis, City of Youngstown, Youngstown City Police Department: A Cleveland federal court jury declined to award money to a convicted burglar who said his civil rights had been violated by the Youngstown police officer who shot him five times. An eight member jury found that Detective Sgt. Robert Davis did not violate the civil rights of William R. Vaughn. Vaughn sued Davis, the city of Youngstown, and the police department for $10 million. US district judge John Manus presided over the week long proceeding. Vaughn was a burglary suspect whose car was spotted by Davis on the south side of Youngstown in October 1992. Davis reported that Vaughn stopped his car, fled on foot and was shot when he doubled back and tried to get into Davis’ cruiser and grab the 12 gauge shotgun on the rack. Vaughn alleged he was shot five times as he fled from his car.
Criminal Jury Trial: Youngstown city police patrolman Christopher Lombard was accused of assaulting and robbing a drug dealer in the restroom of a bar in March 2001. Officer Lombard was terminated from his job as a police officer after charges of aggravated robbery, conspiracy, extortion, felonious assault and battery were filed against him. Attorney Steven M. Goldberg represented Officer Lombard at trial. Mr. Lombard was acquitted by twelve-member jury January 2002.
For a free consultation on your case, contact Goldberg Legal today.
