Verdicts and Settlements
Case Studies
Noteworthy Verdicts
Mr. Finkelstein represented a nurse anesthetist, who assisted a psychiatrist in preparing a patient for electric shock therapy. The psychiatrist prematurely activated the electrical equipment causing the anesthetist to receive the electrical shock. The anesthetist sustained a cardiac injury affecting her heart rhythm. The injury sustained by the anesthetist required cardiac surgery. Following a jury trial, the anesthetist was awarded $1,200,000.
Mr. Finkelstein represented a young man in his mid-30s who was mentally challenged and on medication. The young man was living with his parents in a residential community in Washington, DC. When the young man failed to take his medication, his behavior became erratic and uncontrollable. The young man’s parents called the police department for assistance on an occasion when the young man failed to take his medicine. The police department responded, entered the house in mass with guns drawn and shot the young man, wounding him in multiple places. Mr. Finkelstein argued that this was excessive and negligent use of force under the circumstances. The young man survived his wounds and was later returned to the custody of his parents. Following a jury trial, the young man through a guardian received an award in excess of $900,000.
Mr. Finkelstein and another attorney represented a young man who sustained a spinal cord injury. He was diagnosed in an emergency room with an internal compression of his lower spinal cord requiring emergency surgery. The emergency room notified the young man’s orthopedic surgeon of his condition but the surgeon failed to respond timely resulting in permanent damage to the young man’s nerves affecting his ability to walk and to control his bodily functions. Following a jury trial, the jury awarded the young man $1,750,000. The judge, however, reduced the verdict to $1,250,000 as required by Maryland’s damage limitation statute.
Mr. Finkelstein represented a young man who while dancing with his girlfriend at a local disco club was injured when a disco ball reflecting lights broke loose from its ceiling attachment and struck the young man on his head. The young man sustained a concussion, multiple lacerations, and injuries to his knees when the weight of the ball caused his legs to buckle and his knees to strike the floor. After a nonjury trial before a judge, the young man received an award of $265,000. Unfortunately, the insurance company and the disco club went into bankruptcy and the young man was only able to recover $100,000 of the judgment.
Mr. Finkelstein represented a woman who was wheelchair bound. She was in the process of being transported in a handicap equipped van owned and operated by a cab company, when the van entered an intersection controlled by a traffic signal and was struck broadside by a Metrobus. The evidence was in dispute regarding the traffic signal, each driver claiming he had the green light. Mr. Finkelstein argued that a motor vehicle is not permitted to enter and cross an intersection even on a green light if the driver of the motor vehicle can see the approaching motor vehicle and can anticipate that the approaching vehicle is not slowing for a red light. The jury agreed with this principle of law and returned a verdict against both drivers; one for running the red light and the other for failing to stop when it became evident the other vehicle was not going to stop for the red light. Following a jury trial, in which it was established the woman sustained multiple fractures and was further challenged by the permanency of her new injuries, the jury awarded the woman $3,000,028.
Mr. Finkelstein represented a young woman, a lawyer, who was struck by a car as she waited for a bus at a bus stop on a major boulevard. She sustained a crush injury to one of her feet. Following a jury trial, the young woman was awarded $291, 547.56.
Settlements of Note
Mr. Finkelstein represented a woman who was shopping in a large department store. The woman sat on a patio display set (bench) which collapsed as the legs to the bench were improperly attached. The woman sustained an injury to her foot and ankle which required extensive surgery and significant rehabilitation.
Mr. Finkelstein represented a young man, a minor, who while swimming in an apartment complex pool submerged and remained submerged for an extended period of time before pool lifeguards came to his rescue. The young man was pulled from the pool, given CPR, and revived. Unfortunately, the young man suffered irreversible brain damage.
Mr. Finkelstein represented a young woman who underwent brain surgery in order to remove a growth on her auditory nerve. During the course of the surgery, her facial nerve, located near her auditory nerve, was lacerated and damaged giving the affected side of her face a slight droop.
Mr. Finkelstein and another attorney represented a minor child who suffered severe injuries when an infection went undiagnosed and untreated after an emergency room visit at a hospital. The minor child had previously seen his pediatrician who properly diagnosed the child with an infectious process and instructed the mother to take the child to the emergency room in 24 hours if the symptoms remained. The symptoms remained and the mother did as instructed but unfortunately the emergency room physician failed to do blood work, obtain a diagnosis and administer antibiotics. When the mother returned to the emergency room for a second time, the emergency room physician did blood work, obtained a diagnosis and ordered immediate hospitalization. Unfortunately, the infectious process had progressed to such an extent that the doctors were required to amputate three limbs (both legs and an arm) in order to save the child.
Mr. Finkelstein represented a young man who attended a dance at a large dance hall. A security company was hired to search and pat down patrons upon entry and to provide security on the premises. One of the patrons was able to smuggle a gun into the dance hall and after a confrontation, fired it, striking the young man. After a jury was impaneled, the Defendant settled the young man’s case for $435,000.
Mr. Finkelstein and another attorney represented a middle aged man who underwent in-office liposuction. During the course of the procedure, the physician punctured the man’s bowel in several places. The physician failed to realize he punctured the patient’s bowel and, during the next two days, failed to respond appropriately to the man’s telephonic complaints. The man was not hospitalized for almost two days and when hospitalized was diagnosed with sepsis. He underwent emergency surgery during which a large portion of his bowel was removed. Following surgery and an extended period of rehabilitation, the man had a satisfactory recovery.
Mr. Finkelstein represented a young man, a medical student, who was injured in an automobile accident when a truck ran a red light and struck the driver’s side of the young man’s motor vehicle. The young man sustained multiple fractures and internal injuries and was hospitalized for approximately two months. The young man had an excellent recovery and returned to medical school and medical training.
