Gash & Associates, P.C. in the Courtroom
Verdicts and Settlements
Successful Results Speak for Themselves
Although we can’t always promise success, we can promise a tireless work ethic in striving to achieve it. These case histories illustrate our dedication.
Labor Law Construction Site Injury: Plaintiff Pinned To Ground by Large Concrete Slap Which Fell From Back Loader Resulting in Pelvic Fracture: Settles in The Mid-Six Figure Amount. Parties And Amount Confidential Pursuant To Confidentiality Agreement.
On October 8, 2019, while working on a construction site, our client sustained serious injuries when a 700-pound boulder unexpectedly fell onto him. The impact forced the plaintiff’s spine and pelvis into a fetal position. The boulder remained on top of him for approximately 20 seconds before it was removed by a group of about 10 individuals. Emergency responders found him lying supine in the ditch, surrounded by firefighters. Fortunately, he did not suffer head trauma or lose consciousness, the physical impact was severe and resulting damages to his lower spine and pelvis. The injury reflects a clear lapse in basic safety protocols, putting workers at unnecessary risk. This case settled in the mid six figure range.
Negligent School Supervision: Negligent Maintenance Of Child Playground & Installation Of Playground Carpeting; Injuries: Plaintiff’s Leg Fracture, Surgery And Scarring. Mid Six Figure Settlement. Amount And Parties Confidential Pursuant To Confidentiality Agreement.
On November 17, 2005, Plaintiff, just 7 years old at the time, was playing on the playground at Enrico Fermi School for the Performing Arts in Yonkers when his foot got caught in a raised seam of a torn and poorly maintained carpeting, that covered the playground surface. The fall caused multiple severe injuries to his right leg and hip including a right femur and subtrochanteric fracture of the right hip with overriding and angulations of the bone fragment involving the postural shaft of the right femur.
Despite undergoing several painful surgeries such as external fixation, open reduction, and eventual growth plate removal, Kristopher was left with permanent scarring, which were visible when he wore shorts, and leg length issues.
Evidence revealed that the carpet seams had been splitting for nearly a year prior to the accident. Despite being warned by the installer that a rubberized surface was safer and that repairs were needed before installation to protect the children, the owners and operators of the facility ignored this advice and proceeded with the carpet installation. In turn, their negligence
created a dangerous environment for young children. Through strategic litigation, we proved that the owners and operators of the facility were fully responsible for Kristopher’s injuries. After jury selection, the matter was settled for the sum of in the mid six figures. We believe that this was a substantial recovery for an injury, which had no permanency other than a scar which had substantially faded and which, was covered by clothing.
No Fault- Serious Injury: Five-Car Crash Caused Disabling Spinal Injuries Mediated And Settled For $1,660,00 (Parties And Caption Confidential By Agreement).
On September 21, 2007, Plaintiff, 31, a glazier, was driving on the eastbound side of New York’s Throgs neck bridge, which joins Queens and the Bronx. The plaintiff stopped when he encountered a vehicle whose driver was executing a U-turn. Before the plaintiff could resume travel, his van’s rear end was struck by a trailing car that was being driven by the defendant. The impact was one of several that occurred during the course of an accident that involved a lone of five vehicles.
The Plaintiff was placed in an ambulance, and he was transported to Flushing Hospital Medical Center, in Queens. He claimed that he was suffering pain that stemmed from his back and neck. He underwent minor treatment.
The Plaintiff ultimately claimed that he sustained a compression fracture of his T11 vertebra and herniation of his L3-4, L5-S1 intervertebral discs. The herniation were initially deemed bulges, but the diagnosis was revised in August 2011.
The Plaintiff also claimed that he sustained trauma that produced bulges of his C5-6 and C6-7 discs. He claimed that his herniation and bulging discs caused impingement of spinal nerves and resultant radiculopathy. He further claimed that he suffered a severe residual diminution of his spine’s range of motion.
The Plaintiff underwent chiropractic manipulation, but he claimed that he experienced ongoing pain. During a period that spanned July 2009 and October 2009, he underwent administration of epidural injections of steroid-based painkillers. The injections were directed to his cervical and lumbar regions. On September 11, 2012, the Plaintiff underwent surgery that include a laminectomy — which involved excision of portions of vertebrae – fusion of his spine’s L3-4, L4-5 and L5-S1 levels, and the implantation of stabilizing hardware. On April 15, 2014, he underwent follow-up surgery that addressed the spine’s lumbar region.
The Plaintiff claimed that his back and neck remain painful, that his back’s pain radiates to his right le, that his pain is permanent and necessitates his use of prescribed painkillers, that he suffers residual erectile dysfunction, that he experiences recurrent spasms, that he suffers chronic residual headaches, that he remains a limp, and that he requires use of a cane and a brace that supports his back. He also claimed that he cannot endure prolonged periods in which he is seated, that he cannot endure long walks, and that he requires assistance of many basic tasks, such as tying his shoes. He further claimed that his residual effects prevent his resumption of work. The plaintiff’s treating neurosurgeon submitted a report in which he opined that the plaintiff requires administration of epidural injections of steroid-based painkillers.
The plaintiff sought reimbursement of medical-expenses liens that totaled $288,312.53. he also sought recovery of future medical expenses, a total of $1,129,565 for past and future lost earnings, and unspecified damages for past and future pain and suffering. His wife presented a derivative claim.
The parties negotiated a pretrial settlement of $1,660,000.
Negligent Supervision Of Infant Student By School: Sexual Assault, Resulting In Seven Figure Settlement. Caption And Settlement Amoiunt Confidential Pursuant To Agreement.
Plaintiff, a mentally disabled infant, suffered physically and mental harm at the time of the occurrence. The plaintiff was harassed, taunted, pestered, and intimidated against her will, ultimately bringing about her hospitalization. This occurrence was a direct result of the defendant’s failure to implement and otherwise follow the guidelines to properly supervise the mentally disabled students under their control. The plaintiff sued the defendant for negligence, carelessness, and recklessness in the training of the employees, and other theories of wrongdoing that harmed the plaintiff including their failure to provide a safe and secure place for the infant plaintiff and others. As a result of the defendant’s negligence, the plaintiff suffered from extreme physical and emotional pain including Post-traumatic stress disorder, attention deficit disorder, agitation behavior problems, decreased urine volume, pruritic urticarial rash, hymen injuries, anxiety, and depression. This matter was settled for a confidential amount.
No Fault-Serious Injury: Reed v Dineesa (Orange County Supreme Court). Plaintiff side swipe by car, resulting in car flip and roll over. Injuries include TBI with resultant deficits. Despite plaintiff being primarily at fault and defense contention that she never had any surgery and did not sustain a “serious injury.” Arbitrator awards $300,000.
On February 16, 2016, Plaintiff was involved in a motor vehicle accident. She was traveling behind Defendant’s vehicle, which was westbound on Newburgh, Gardner town road. At that time, both vehicles were attempting to turn left onto Powder Mill Road. Defendant’s vehicle was pulled off onto the north shoulder of Gardner Town Road partially off the roadway, then attempted to reenter Gardner Town Road, causing a collision with Plaintiff’s vehicle. On the same day, Plaintiff had gone to the hospital for an evaluation of the injuries that were a result of the aforementioned motor vehicle collision. She was diagnosed with left wrist pain. The doctor also observed soft tissue swelling, and was recommended to have an MRI.
Three days later, Plaintiff was examined and was observed to have ecchymosis in her right forearm and the volar aspect of her wrist. She also had mild swelling and tenderness over the contusion of her right forearm. She was diagnosed with contusion of right forearm, other specified sprain of the left wrist and contusion of left wrist. She was advised to take anti-inflammatories as needed and follow up in two to three weeks.
On April 30, 2016, Plaintiff underwent an MRI on the right shoulder which revealed tendinosis, tendinitis, and a small partial tear of the distal supraspinal tendon, along with degeneration of the humeral head and Bursitis.
On May 25th, Plaintiff underwent an independent medical evaluation, where she was diagnosed with cervical spine sprain, resolved; right shoulder sprain, resolving; right elbow sprain, resolved; right wrist contusion, resolving; left wrist contusion, resolving, and left hip/thigh contusion. The doctor also had concluded these injuries were causally related to the aforementioned accident that occurred.
Around six months later, Plaintiff had a follow up with her doctor. Lidocaine, Marcaine, Depo-Medrol, and Toradol injections were administered into her right shoulder subacromial space. She was diagnosed with cervical whiplash-type injury, right shoulder posttraumatic bursitis with partial rotator cuff tear, bilateral wrist sprain, possible soft tissue tear or cartilage injury, and left thigh contusion.
Two weeks after this appointment, Plaintiff had received an Orthovisc injection into her right knee. Over the next 3 weeks, Plaintiff was administered two more Orthovisc injections. Additionally, in this time period Plaintiff was diagnosed with cervicogenic headaches and subluxation; cervicogenic dizziness and subluxation; cervical strain and subluxation.
On November 11, 2016, Plaintiff received the results from an MRI on her cervical spine. The results revealed focal central disc herniations at C3-C4 to C6-C7 levels, most prominent at C4-C5 and Mild spinal cord distortion by C4-C5 herniation.
Through March of 2017, Plaintiff had many follow up visits and had chiropractic treatment through the end of 2016. From February 24, 2017 to March 30, 2017, Plaintiff underwent physical therapy for her right knee, where she was diagnosed with chondromalacia patellae in right knee, muscle wasting and atrophy at multiple sites.
On June 26 and July 5, Plaintiff had received an injection for the pain in her knee. She was also diagnosed with bilateral knee osteoarthritis, worse in the patellofemoral compartment. Two weeks later, Plaintiff was diagnosed with post-concussion syndrome.
In October of 2017, Plaintiff had an initial physical therapy evaluation. The following were difficulties she faced due to her lower back pain: Awakened by pain, difficulty falling asleep, difficulty finding a comfortable sleeping position, difficulty walking, loss of function, loss of motion, pain, paresthesia, and weakness.
Plaintiff had continued to undergo treatment and follow ups with her doctors. On October 17, 2018, Plaintiff received a cortical injection to the right subacromial bursa for complaints of right shoulder. About two months later, she received Acromioclavicular (AC) joint injection to the right shoulder. A month after that, Plaintiff received Botox injections for management of her headaches and migraines. She received Botox injections again in June 2019, January 2020, June 2020, October 2020, January 2021, April 2021, July 2021, and January 2022.
On August 30, 2021, Plaintiff was diagnosed with lumbosacral spondylosis, lumbosacral radiculopathy, lumbar post laminectomy syndrome, and other intervertebral disc displacement. A month later, Plaintiff received a left L4/L5 and left L3/4 transforaminal epidural steroid injection for pain in her lower back.
Plaintiff continued to follow up with her doctors for the aforementioned injuries. On May 26, 2022, Plaintiff received a Dexamethasone and 4cc of 0.25% Bupivacaine injection for the management of right shoulder joint injection.
Prior to the aforementioned accident, Plaintiff never had any complaints of pain, nor a diagnosis of any injuries to those parts of her body the defendant damaged: none to her head, neck, shoulder, wrists or thigh. If these injuries occurred before the accident, there would have been a record of it at any of her prior doctor visits. However, there was no report at all of any injury. Nonetheless, the defense had hired experts, who claimed that Plaintiff’s injuries were not causally related to the aforementioned serious crash.
The defendant argued they should not have to not pay anything at all to Plaintiff, pointing to the doctor’s findings. What’s more, they argued that the wreck was solely caused by the plaintiff’s comparative negligence. They pointed to the detailed and very specific certified police, which provided that the accident was caused solely by the plaintiff who failed to yeild the right of way and passing the defendant in an improper lane, wi
rash. Our office remained steadfast in our pursuit of proper compensation for Plaintiff’s life-altering injuries.
No Fault- Serious Injury: JJC v. PK (Parties and Caption Confidential Pursuant to Agreement). Side swipe by tractor-trailer at intersection, causes neck injuries requiring cerical discectomy and fusion and C4-C5, C5-C6, and C6-C7. Case settled during mediation for nearly seven figures.
On February 20, 2014, Plaintiff was traveling down Albany Post Road and was near the intersection at Sleepy Hollow Road in Briarcliff Manor, New York, at the time of the accident. Defendant made a wide right turn, cutting off the lane to the right. As a result, the plaintiff crashed into the defendant.
Following the accident, EMS arrived at the scene. She was ambulatory at the scene of the collision. The EMS personnel examined her for the complaint of pain in her coccyx. Her blood pressure was noted to be 140/100 and her respiratory rate was 18. Her Glasgow Coma
Scale was rated to be 15. She was noted to have numbness in her left arm and pain in her coccyx. The plaintiff was then taken to the hospital for further evaluation.
Upon arrival at the hospital, the plaintiff had complaints of low back pain and numbness in her lower leg. After undergoing a variety of examinations and screenings, the plaintiff was discharged back to her home.
The following day, Plaintiff had gone to see a doctor, reporting severe stiffness when turning her neck, extreme pain when bending, limited range of motion, and back spasms. She was then diagnosed with cervical strain, cervical radiculitis, and myofascial pain. Plaintiff was instructed to wear a cervical soft collar, prescribed medication, and to undergo physical therapy with home exercises.
On April 3, 2014, plaintiff underwent an MRI of her lumbar spine that revealed the following findings: Right lateral disc herniation at L4-L5; straightening of the lumbar lordosis and tubular cystic structure in the region of right adnexa. On the same day, she underwent an MRI of her cervical spine, which revealed the following findings: reversal of the normal lordosis of the cervical spine; mild central disc protrusion indenting the thecal sac at C3-C4; mild to moderate central disc protrusion extending both cranially and caudally, which was indenting and impinging the spinal cord at C4-C5; mild to moderate central disc protrusion with cranial extension at C5-C6 impinging and deforming the anterior aspect of the spinal cord.
On April 24, 2014, the plaintiff had trigger point injections to the four tender points along the trapezius on both sides. On May 19, 2014, plaintiff received cervical transforaminal epidural injection to the left at C4-5 and C5-6 levels. On June 9, 2014, plaintiff had cervical transforaminal epidural injection for cervical radiculopathy to the right at C6-7 level.
On August 21, 2015, plaintiff underwent an MRI of her cervical pain, which revealed the following findings: Central disc herniation and mild grade I anterolisthesis at the C4 and C5 levels, and central disc herniation/cephalad; disc extrusion at the C5-C6 level; mild spinal cord effacement, concentric/asymmetric disc bulge (right greater than left) at the C6 and C7 levels, mild spinal cord effacement; shallow central disc herniation at the C7-T1 level; Shallow central/left paramedian disc herniation at the C3-C4 level; multilevel bilateral neuroforaminal narrowing greatest on the right at the C6-C7 level and reversal of the normal cervical lordosis. As a result of these findings, she was recommended to undergo anterior cervical discectomy and fusion at C4-C5, C5-C6 and C6-C7 levels.
On April 19, 2016, plaintiff was examined and diagnosed with the following: cervical spine tenderness over the C3-7; paraspinal tenderness over both sides of her neck; decreased range of motion of her neck while bending to the right by 20%, bending to the left by 20%, rotation to the right by 20%, rotation to the left by 20%; Spurling was positive on the right and left; S decreased sensation in the right at C5, C6, C7 and on the left at C5, C6 and C7. On May, 04, 2016, Ms. Jordan-Covert received interlaminar epidural steroid injection at C7/T1 on the left.
On July 12, 2016, plaintiff underwent anterior cervical discectomy and fusion at C4-C5, C5-C6 and C6 C7 levels and anterior placement of cage biomechanical device in the disk spaces at C4-C5, C5-C6 and C6-C7 levels. She did well postoperatively. Around two weeks later, plaintiff was certified that she was 100% totally disabled from work.
The plaintiff sued the defendant for negligence, and the case settled for $850,000.00.
No Fault- Serious Injury: AC v. DEF Trucking & Towing Company (Parties and Caption Confidential Pursuant to Agreement). Plaintiff with Prior Back Surgery and Chronic Ongoing Complains, Suffers Aggravation of pre-existing Injuries Requiring Another Surgery. Settled for $325,000.
On March 13, 2021, the plaintiff, who was 49 at the time, reached an intersection when she was “T” boned by a tractor trailer. As a result of the force of the collision, the left side of her head struck the glass on the driver’s side door, and she felt dazed. She went home, fely dizzy and called EMS, who transported her to the hospital for treatment. The plaintiff had a significant past medical history, which included prior automobile accidents and prior injuries, which one year before the subject wreck, resulted in rod insertion at the L5-S1 level by her spinal surgeon. What’s more, as recently as one week before the wreck, she had ongoing pain and disability which required a subsequent MRI of her lower back.
As a result of the subject wreck, the plaintiff had increased pain in her lower back which radiated down her legs, numbness and loss of strength. As a result of these exacerbations, he neuro-surgeon opined that her lower back condition was made worse, and that conservative treatment failed, he recommended, and she underwent a laminectomy at L4-L5 with extension and fusion up to L4. The defendant’s expert disputed this causal relationship; he did not believe that she suffered any injuries due to the subject wreck and that there was no objective disability. The case settled for the sum of $325,000.
No Fault- Serious Injury: Beckford v. Norman, Bronx County Supreme Court, Index Ts-300120-18bx: Bulging Discs in the Neck and Back, and back Herniations, Conservative Treatment Only- defendant’s Offer of $14,000 Rejected- $605,000 Verdict
On January 18, 2011, Plaintiff, a 21 year old male, was lawfully stopped at a red light at the intersection of Bartow Ave and Co-Op City Boulevard, Bronx, New York. The defendant rear ended the plaintiff’s vehicle, which resulted in a violent collision. The plaintiff was taken by EMS to the hospital, where he complained of neck and back pain and released. He them came under the care of an orthopedic specialist where he received conservative treatment, including physical therapy, pain medications, and injections. His physical examination showed significant
restrictions in all planes and difficulty with daily tasks of living. MRI’s of the cervical spine showed a bulge at C3- C4, and in the back, a bulge at L4-Lf and a herniation at L5-S1, indenting the epidural flat.
The defendant argued that the disc changes were normal, not traumatic, she denied that the plaintiff suffered a “serious injury” under the law, and offered to resolve the matter $10,000. The plaintiff rejected the offer and the jury returned a verdict of $600.000. $200,00 for pain and suffering while $400,000, was for future pain and suffering and $5,477.13, in reimbursed medical expenses.
OBGYN’S Failure to Continuously Perform a 125 Blood Tests, results in Delay in Diagnosis of Ovarian Cancer and Plaintiff’s Death. Settled for low seven figures. (caption and Settlement Amount Confidential Pursuant to Agreement).
Plaintiff’s decedent, was a long time patient of the defendant, an OBGYN, who had been he decedent’s doctor for more than ten years. Since on or about December 1, 1994, plaintiff was a patient of the defendant, who provided medical care, including routine gynecological care. During such routine gynecological care, defendant found a cyst on plaintiff’s left ovary and on or about December 20, 1994, the defendant performed a EUA, laparoscopy, pelvic washings, left ovarian cystectomy, and laparoscopic cholecystectomy.
While a patient of defendant, the plaintiff presented with a history of borderline ovarian tumor. As part of her follow-up care to that surgery, defendant conducted yearly CA 125 blood tests, which measures the amount of the protein AC 125 (cancer antigen 125) in one’s blood and is the most frequently used biomarker for ovarian cancer detection.
On or about May, 2009, the defendant told the plaintiff that she no longer needed regular CA 125 testing, and as such, he discontinued doing said CA 125 test. On or about March 27, 2010, a transvaginal examination ordered by defendant revealed a large complex left adnexal cystic lesion of the left ovary. On or about November 11, 2010, a CA 125 blood test ordered by defendant revealed a value of 423, which is a highly elevated level. On or about November 19, 2010, an MRI of the abdomen ordered by defendant revealed findings, among other things, that it is “suspicious for metastatic ovary carcinoma.” On or about November 19, 2010, a MRI of the pelvis ordered by defendant revealed findings, among other things, that “there is strongly suggestion of left ovarian mass,” with findings “highly suspicious for ovarian carcinoma with peritoneal implants.” Additionally, the intra-abdominal findings are “highly suspicious for metastatic implants from the left ovary.”
Both MRIs taken on or about November 19, 2010, strongly recommended surgical biopsy. On or about December 2, 2010, a diagnostic and therapeutic paracentesis on the plaintiff and the cytology results indicated an adenocarcinoma of ovarian origin. On or about May 10, 2011, the plaintiff underwent a total hysterectomy. On or about May 10, 2011, the plaintiff underwent a splenectomy.
On or about August 11, 2011, after the completion of chemotherapy, the plaintiff was advised that she was in remission and that no further treatment was indicated. On or about March, 2012, the cancer returned.
The plaintiff contended that the defendant deviated from the standard of cre by failing to advise the plaintiff properly about her high risk of recurrence of her BOT due to her having had only having conservative surgery in for form of a cystectomy; by failing to inform the plaintiff of the interoperative cyst rupture in December, 1994 and October 1995, which increased her risk of having a recurrence’ by failing to discuss with the plaintiff about the need for TAH and LSO after 1994-1995; by failing to rigorously perform annual CA-125 levels and sonograms and follow up when these tests were not done; and by failing to order CA 124 levers from early 2010, all of which would have led to an early diagnose, early treatment of cancer that the likelihood of a better outcome. The case settled for a low seven-figure amount.
Doctor removes Perirectal Abscess but Fails to Give the Patient Prophylactic Antibiotics, Despite the Plaintiff’s Artificial Hip. Plaintiff Suffers Chronic Infection of the Right Hip, Requiring Removal, Parental Antibiotics, Seeding, Removal and Replacement of Hip. Case Settled for High Six Figures (Parties, caption and settlement confidential)
Plaintiff was 69 years old and had a medical history of: atrial fibrillation, coronary artery disease, hypertension, hypercholesterolemia, Irritable Bowel Syndrome (IBS), chronic liver disease, and hyperuricemia. Additionally, plaintiff had a prior hip replacement in both the left and right hip many years before the medical malpractice at hand occurred.
Plaintiff saw Defendant complaining of a four day history of perianal pain. Defendant diagnosed Plaintiff with a perirectal abscess on the right said. Plaintiff then underwent surgery performed by the defendant, which consisted of an incision and drainage of the perirectal abscess. Approximately 20 ml of purulent material was drained from the abscess cavity. Plaintiff was advised to do sitz baths with epsom salt twice a day. Additionally, Plaintiff was told to remove his packing in two days post-operation.
Following the procedure, the defendant did not send any specimen to pathology for testing, nor did the defendant prescribe any antibiotics, indicating clear medical malpractice. Additionally, Plaintiff had complained of bleeding post operatively, in addition to right hip and lateral leg pain over the area of his hip replacement. This pain indicates a clear infection of the hip at this time. However, he was told by Defendant it had nothing to do with the prior procedure.
About 5 months later, Plaintiff was finally diagnosed with a right hip infection. This is when Plaintiff’s right hip became aspirated and Bacteroides fragilis had grown. Bacteroides fragilis is an anaerobe and is found in perirectal abscesses when cultured. When diagnosed with the infection, the bacteria was indeed cultured as Bacteroides fragilis.
As a result of the aforementioned medical malpractice, the plaintiff developed a chronic infection of the right hip. A year after the medical malpractice occurred, Plaintiff had to undergo a right hip resection arthroplasty with insertion of antibiotic spacer. Three months later, Plaintiff underwent right hip revision, total hip arthroplasty, open treatment of acetabular fracture with cage and bone grafting – right pelvis and open treatment of proximal femoral fracture with plate and cables.
Had the defendant prescribed an antibiotic for the Plaintiff, these aforementioned permanent injuries would have never been sustained. The defendant’s position was that in a procedure such as this, there is no medical need to prescribe prophylactic antibiotics, and that its administration was not supported by the literature. The matter settled for an amount which we are not permitted to disclose
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