Catastrophic personal injuries have a profound impact upon the lives of the victims and their families—physical, emotional and financial.
An experienced law firm knows how to uncover who was at fault and make them accountable, securing the financial support that may be needed for a lifetime.
$10 Million Settlement for a Former Stuyvesant High School Student who was Paralyzed in a Rollover Accident on a School Trip
En route to an athletic event, a high school’s van driven by the coach left the road, rolled over and severely injured a high school athlete. Although wearing a seatbelt, the student was partially ejected from the van and is now a wheelchair-dependent quadriplegic. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., filed a civil complaint in the New York State Supreme Court, alleging that the City was responsible for the actions of the High School and Coach; that the school was negligent in its failure to advise its coaches and staff that transporting students in passenger vans was prohibited under law. Suit was also filed against the van’s manufacturer because the passenger van lacked canopy airbags to prevent occupant ejection during a rollover, and against the automotive company for designing a seatbelt that did not provide reasonable restraint. The result achieved by Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., ranks in the top five largest settlements against New York City.
$9.25 Million Recovery Fatal Motorcycle Accident
$9 Million Settlement Against Trucking Company
Attorneys Kenneth Rothweiler, Fred Eisenberg and Todd Schoenhaus settled a truck accident case for $9 million after two years of litigation and one mediation. The settlement was reached as a trial was set to begin. In this case, our client was a single mother whose car was struck in a head-on collision with a tractor trailer when the truck crossed the center line. The truck driver had a history of medical issues and safety violations, was overly fatigued, and should not have been permitted by his employer to operate a commercial vehicle. Our client suffered a traumatic brain injury, which the trucking company vigorously disputed, and broke multiple bones. She is permanently unable to work or care for herself. The $9 million settlement will help provide the care that she will need for the rest of her life.
$8.9 Million Settlement Reached for Infant Who Suffered Brain Damage During Mother’s Labor
Partners Ken Rothweiler and Daniel Jeck resolved a medical malpractice action in Philadelphia just prior to trial arising from the failure by Obstetricians at a local hospital to recognize and appreciate a pattern of non-reassuring fetal heart rate tracings that warned of significant fetal cord occlusion or blockage in a timely manner. As a result of the failure to perform an expedited delivery, our client suffered severe and permanent neurological injuries from hypoxia (lack of oxygen) sustained towards the end of her mother’s labor.
$8 Million Dollar Recovery in Product Liability Suit
At six months old, a child was infused with a solution that contained ten times the prescribed dose of sugar in the concentration. The boy went into shock, suffered a stroke and now has permanent brain damage. The manufacturer of a compounding system that creates intravenous solutions for supplemental nutritional needs was to blame. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., maintained that the compounding machine should have utilized software that would recognize and prevent incorrect dosing. The technology not only existed, it had been incorporated in similar machines to prevent mixing of potentially lethal concentrations. The settlement will help provide for the young boy’s needs today and into the future.
$6.8 Million Settlement for Door Latch Failure on a Minivan
An 8-year-old boy was killed after he was ejected from a van struck by a tractor-trailer. The van’s lift gate latch failed upon impact, opening the rear gate and ejecting all occupants inside. The boy was then run over by oncoming traffic. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued before a jury that the minivan was not crashworthy and did not offer adequate protection from a collision. The automobile manufacturer knew that in certain scenarios, the rear hatch could open due to a design flaw in the latch mechanism. It was also known that the seats would collapse backward and the seatbelts would be unable to keep the occupants in the vehicle. The manufacturer did not warn drivers or issue a recall. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., recovered a large award for the boy’s family during the trial.
$6.5 Million Settlement for 33-Year-Old Woman Involved in a Rollover Accident
A young woman was driving her SUV at only 35 mph when struck by another motorist, causing her vehicle to roll over. She was ejected from the vehicle when her seatbelt malfunctioned. As a result, she has chronic, intractable pain from metal rods surgically placed in her back to stabilize her spinal cord, and required surgery to remove a kidney damaged in the rollover. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., argued that the auto manufacturer was responsible for an SUV design which was not crashworthy and failed to protect the driver in such a collision. The manufacturer acknowledged the propensity for the vehicle to rollover, yet did nothing to warn or protect drivers. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., recovered a large settlement for the client.
$6.3 Million Settlement Reached For Child Who Suffered Spinal Cord Injury
After surgery for an abnormally curved spine, a 7-year-old girl was transferred to the Pediatric Intensive Care Unit (PICU) to recover. As is proper procedure, the patient was restrained using soft wrist restraints to guard against her removing her breathing tube (a normal reaction when patients regain consciousness). Within hours of arriving at the PICU, the restraints were removed. When she awoke, she removed her breathing tube. She stopped breathing and her heart stopped. She was resuscitated, but oxygen deprivation caused permanent damage to her spinal chord. She has lost the use of her legs, cannot control bladder or bowel function and faces a lifetime of health complications. Her future medical needs will exceed $4 million. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., achieved a multi-million dollar settlement after two mediations.
$5.5 Million Recovery Fall From Unsafe Window
$5.015 Million Settlement for Electrical Lineman Following Contact With Live Catenary Wires
An electrical lineman was electrocuted while replacing electrical catenary lines. He suffered multiple injuries including the amputation of both arms at the shoulder and his left leg above the knee. Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., filed suit against multiple defendants in a highly technical and complex case involving many expert witnesses and teams of attorneys representing the various defendants. The case was settled on the first day of the trial.