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Wrongful Death
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Student Drowns in High School Swimming Class-
Inattentive Instructor -
$6 MILLION
The jury returned this $6,000,000 verdict in Supreme Court, Kings County.
Verdict breakdown: $4,000,000 for wrongful death; $2,000,000 for pain and
suffering.A 16 year old student at Brooklyn Tech High School, was a novice
swimmer and drowned when the swimming teacher left the class before the end
of the free swim period and he was at the deep end of the pool.
Failure to Diagnose Lung Cancer - Wrongful Death of 56 Year Old Woman -
$4.6 MILLION
The unanimous verdict for $4,646,000.00 was rendered in Supreme Court, Kings
County.
Verdict breakdown: $1,146,000 for conscious pain and suffering; $500,000.00
to each of the decedent's seven adult children for wrongful death.Decedent
was 56 years old on the date of her death, and was employed by Catholic
Charities delivering "Meals on Wheels," earning $16,500 per year at the time
of her death, and leaving eight children between the ages of 19 and 38. The
decedent had a chest x-ray performed which John Bonina claimed showed early
cancerous changes in her left upper lung. He also claimed that the
radiologist employed by defendant Medical Group departed from accepted
medical practice by failing to report the abnormality and failing to order
additional x-rays of decedent's left lung. John Bonina also claimed the
defendant doctors and medical group each misread a 9/24/90 x-ray, resulting
in a further 4-month delay, during which time the cancer metastasized to
plaintiff's bone marrow, rendering her inoperable by the time the cancer was
finally diagnosed.
John Bonina claimed that the defendants destroyed the
actual x-rays, as well as the initial x-ray report and blood test results.
However, one of the decedent's daughters had earlier obtained copies of the
x-rays for a second opinion, and these copies were placed into evidence at
trial, and formed the basis for plaintiff's experts' opinions.
Excessive Delay in Treating Leaking Abdominal Aortic Aneurysm --
Wrongful
Death of 61 Year Old Woman - $2.5 MILLION
The unanimous $2,500,000.00 verdict was rendered on in Supreme Court, Kings
County.
Decedent was 61 years old at death, leaving three adult children. She was
brought by ambulance to the emergency room of Defendant Woodhull Hospital on
6/10/93 with a leaking abdominal aortic aneurysm. Shortly thereafter, she
was seen by an emergency room physician and defendant, a surgical resident,
both of whom diagnosed the aneurysm. No surgery was performed to stop the
bleeding and repair the aneurysm until 6 hours after the decedent arrived at
the emergency room.
John Bonina, Jr. contended that the extensive delay in
surgery caused decedent severe pain, and ultimately resulted in her death.
During the operation, decedent required a transfusion of 31 units of blood,
and John Bonina contended that this massive blood loss caused a lowering of
her body temperature, disruption of her blood clotting factors, and strain
on her heart. decedent suffered cardiopulmonary arrest and died at 10:30 the
following morning.
Fifteen Month Delay In Diagnosing Cancer - Wrongful Death Of 47 Year Old
Married Father Of Two - $1.6 MILLION
There was a unanimous $1,646,000 verdict in this Staten Island case
involving a fifteen month delay in dianosing lung cancer, which caused the
wrongful death of a 47 year old married father of two.
The decedent, a 47 year old married dry cleaner with 2 children, died as a
result of a 15 month delay in diagnosing lung cancer. John Bonina, Jr.,
proved that the decedent had cancer in January, 1994 when his doctors took a
chest x ray. Through his oncology expert Mr. Bonina proved that the cancer
was stage I in January 1994, and that there was a 90% chance for a cure at
that point. He further proved through his expert radiologist that the cancer
was visible on the 1/94 xray, and that the doctor's failure to see it or
report on it was a departure from accepted medicals practices.
Mr. Bonina
proved that by the time the cancer was diagnosed in April, 1995 it had
massively spread and was terminal, and was the cause of the decedent's death
in June, 1997. The jury awarded the decedent's wife $500,000 in wrongful
death damages, the decedent's daughter $150,000 in wrongful death damages,
the decedent's son $62, 500 in wrongful death damages, the decedent's wife
$200,000 for loss of services, $200,000 to the Estate for pain and suffering
and $533,500 to the Estate for lost earnings.The parties reached a
confidential settlement after the verdict.
*Any results set forth here were dependant on the facts of that particular case and results will differ from case to case. No guarantee, warranty or prediction is being made regarding any particular case or injury.
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