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MEDICAL NEGLIGENCE - TRAGIC
LOSS
Ronald Rosen represented the
family of a 26-year wife and
mother of two children who
decided for safety reasons to
have four wisdom teeth pulled in
the hospital rather then at her
oral surgeon’s office. The
hospital had an operating suite
consisting of eight operating
rooms. At the time of the
client’s surgery a nurse
anesthetist administered the
anesthesia. Unfortunately, she
had a reaction. The nurse
anesthetist improperly thought
more anesthesia was needed and
administered a more powerful
sedative. The nurse was dead
wrong. Our client was instead
suffering from a cardiac problem
and the nurse should have
attempted to reanimate her,
rather than administer more
anesthetic. As a result of this
improper diagnosis and
treatment, our client’s blood
pressure dropped substantially
requiring that she be
electrically defibrillated on
four occasions. She died two
days following the surgery
leaving her husband and two
children as survivors to this
catastrophic loss. The hospital
and anesthesiologist were sued.
The case went to a full trial.
At the time of the surgery the
American Society of
Anesthesiologists required the
presence of an anesthesiologist
in the operating room during
eight important times including
induction of anesthesia. The
anesthesiologist took the
position that his being in the
operating suite, which consisted
of eight individual operating
rooms, was sufficient to satisfy
the above requirement. The jury
disagreed siding with and
awarded a substantial verdict to
our clients.
MEDICAL NEGLIGENCE – DENTIST
Ronald Rosen was able to
effectuate a substantial
settlement in a case involving a
dentist who placed a temporary
false tooth in our client’s
mouth. Our client uncontrollably
swallowed the newly implanted
tooth after it came loose while
eating and had to undergo
surgery to remove it. Our
office successfully took the
position that the dentist did
not properly secure the false
tooth.
SETTLEMENT OBTAINED BY ROSEN &
ROSEN, P.A
Ronald Rosen successfully
settled a case in the amount of
$2,305,000.00. Our client,
a seventeen-year-old, was a
passenger in a car that was
struck head on by another
vehicle. Ron immediately
settled with the driver of the
vehicle that struck our client
for the policy limits of
$10,000.00, and obtained an
additional $20,000.00 under
uninsured motorist coverage from
the vehicle in which our client
was a passenger. Ron then
went forward and was successful
in obtaining a settlement of an
additional $2,275,000.00 from
the tractor trailer driver, who
by contact forced the vehicle
that hit our client head on,
across the median. There were no
witnesses to the initial impact
between the vehicle that struck
our client’s vehicle head-on and
the tractor-trailer.
Through expert testimony, our
firm was able to show that the
driver of the tractor-trailer
was untruthful and as a result,
we were able to collect the
additional $2,275,000.00 from
the driver.
HOW DO YOU PROVE NEGLIGENCE
OF A DRIVER WITHOUT A WITNESS?
Ronald Rosen successfully
settled a case for the maximum
potential insurance policy
limits of $500,000.00. In
that case a young girl, while a
passenger in a car, was
tragically killed when the
vehicle left the roadway and
struck a tree. The driver was
the only witness and testified
that another vehicle had cut him
off the roadway. An accident
reconstruction engineer that was
hired by our firm contradicted
this. He testified that the
defendant driver was speeding
and lost control of his vehicle.
The engineer based this on the
damage to the vehicle, skid and
scuff marks, and other
engineering factors.
RON GETS GREAT RESULTS IN A
WHIPLASH CASE
Defense attorneys are notorious
for referring to ligamentous
sprains and strains as
"whiplash" injuries.
Unfortunately, many so-called
'soft tissue' injuries involve
pulling, tearing, and
hemorrhaging of ligaments,
tendons, and/or muscles
resulting in extreme pain and
many times a permanent injury.
Ron Rosen tried a case involving
a client who had fourteen months
of treatment. The treating
physician testified that our
client had a 4% permanent
partial disability. The defense
initially offered $722.00, then
at the time of the trial,
increased the offer to
$2,500.00. The defendant
admitted fault at the time of
the trial. The only issues were
whether the client had a
permanent injury and, if so,
what her damages were. The
defense produced, as they almost
always do in these types of
cases, a doctor who testified
that the client did not sustain
a permanent injury. Ron argued
to the jury that the Plaintiff
did in fact sustain a permanent
injury and suggested that a fair
and reasonable verdict in this
case would be $35,000.00. The
jury awarded that exact amount.
AUTOMOBILE ACCIDENT: HEAD ON
COLLISION
The Plaintiff claimed that the
Defendant pulled out in front of
her, causing the defendant to
lose control of his car. The
defendant crossed onto oncoming
traffic, striking the Plaintiff
head on. Three witnesses
testified as to the Plaintiff's
statement. The Plaintiff
suffered three fractures of her
left leg, a fracture to the
patella of the right leg, and
claimed a heart attack as a
result of the accident. The jury
awarded the Plaintiff an amount
of $97,000.00, as well as
awarding the Plaintiff's husband
a derivative claim for
$25,000.00.
AUTOMOBILE ACCIDENT:
REAR-END COLLISION
The Defendant admitted
liability. The Plaintiff, a 50
year old male, was admitted to
the Broward Community Hospital
after this rear-end accident for
thirty days. He was complaining
of low back pain and burning in
his right lateral thigh. The
Plaintiff also underwent a
myelogram, epidermal, and lumbar
CAT Scan. All of the results
returned were interpreted as
being negative. Additionally,
the Plaintiff underwent a
lateral femoral cutaneous nerve
restriction to alleviate the
burning in his right thigh. The
total costs of the medical
treatments were $13,000.00. At
the time of the trial, the
expert testified that in
addition to the initial EMG that
was done, he did two subsequent
EMG's that were also abnormal.
The Plaintiff sustained a facet
nerve impingement at the
approximate L4-5 level. In
addition, the Plaintiff claimed
that he was forced to give up a
discotheque that he owned. As a
result of the injuries he
sustained in the accident, he
lost approximately $10,000.00,
including lost wages. The
verdict for the Plaintiff was
$35,000.00 plus an additional
$5,000.00 for the Plaintiff's
wife as a derivative claim.
WORKER'S COMPENSATION
Ronald Rosen was successful in
litigating seven final hearings
hearings where our client was
injured driving a pallet jack.
The Defendant insurance company
argued that our client was
playing around with the machine
while he was injured, doing
“wheelies.” Despite this, we
were still able to prove the
elements of our case and
ultimately prevailed, entitling
our client to substantial
workers’ compensation benefits.
TIMING IS EVERYTHING
Ronald Rosen and associate,
Diana Castrillon, were about to
commence a trial on an
automobile accident collision
case on a Monday. In a last
minute tactical decision, our
firm wrote a very powerful
letter to the Defendant on that
prior Thursday alleging Bad
Faith Negotiation (a separate
and distinct cause of action
wherein the plaintiff later sues
the insurance company for
additional damages as a result
of the company’s acting in bad
faith) and demanding the
defendant pay to pay additional
funds by Friday at Noon. The
Defendant “caved in.” Rather
than risk a Bad Faith Judgment,
the insurance company paid the
amount demanded. The leverage of
seeking bad faith or additional
monies over and above the policy
limits often will allow the
Plaintiff to secure a fair and
just settlement. In this case,
it allowed for our clients to
obtain an appropriate recovery
for their losses without the
need to proceed with a full
trial.
SLIP AND FALL TRIAL VERDICT
OF $1.3 MILLION AGAINST
WAL-MART
Father, Ronald Rosen, and son,
Evan Rosen, successfully tried a
case in which the jury returned
a verdict in excess of $1.3
Million, the SEVENTH LARGEST
VERDICT in Broward County for
that year. A thirty year
old woman, slipped on body
shampoo that had been spilled on
the tile floor and fell
backwards, slamming her head on
a shelf, causing a sever rotary
dislocation of the top two
vertebrae in her neck.
After four successful surgeries,
she has returned to being a
productive citizen. The
Defendant was negligent in not
cleaning up a spill properly and
by not keeping the store in a
safe condition. For more
information see the fifteenth
case from the top at
www.wal-martlitigation.com/99verdic.htm.
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Copyright Rosen & Rosen - Attorneys at Law. All Rights Reserved.
South Florida Medical Malpractice Lawyers: Negligence, Misdiagnosis.
Also serving victims of
Personal Injury,
Medical Malpractice,
Workers' Compensation,
Product Liability,
Car Accidents,
Pharmaceutical Negligence,
Vioxx, Celebrex, Antidepressants,
Prempro,
Admiralty Accidents,
Wrongful Death,
Dog Bites,
Motorcycle Accidents,
Slip and Fall,
Employment Discrimination,
Doctor Error, Medical Mistakes, Medical Negligence, Healthcare Error,
Hospital Negligence
Serving South Florida, including:
Pembroke Pines,
Weston,
Davie,
Aventura,
Cooper City,
Plantation,
Sunrise,
Ft. Lauderdale,
Hollywood,
Broward County,
Dade County,
Miami and
other areas of South Florida.
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