Fellows, Hymowitz & Epstein, P.C.
254 South Main Street, Suite 400 - New City, NY 10956 - Call 800-660-4878 / 845-639-9300
PERSONAL INJURY LAW | AUTO AND CONSTRUCTION ACCIDENTS
NEGLIGENCE | MEDICAL MALPRACTICE | PRODUCT lIABILITY
WRONGFUL DEATH | cRIMINAL DEFENSE
Settlements & Verdicts

The meticulous preparation of every case, large or small, enables Fellows Hymowitz & Epstein to consistently produce exceptional results for our clients. Here is a sampling of settlements and verdicts.

Undisclosed Amount. Auto Accident-Defective Products.
Vehicle instability, seatbelt failure, defective tire manufacture, and negligence of another driver caused client's vehicle to roll over. She was ejected from her car and died. Stipulation of settlement prevents us from disclosing the amount.

$3,514,247 Birth Injury.
Excessive traction to the shoulder during delivery caused a Dutchess County baby to develop Erbs Palsy. The case was settled while the jury was deliberating.

$2,885,000 Medical Malpractice.
Improperly performed back surgery caused Reflex Sympathetic Dystrophy and eventual below-the-knee amputation to a Rockland patient in a Westchester hospital. The surgeon misidentified healthy nerve tissue and took a biopsy, causing neurological damage to the lower leg and foot. The case settled after jury selection.

$1,913,114 Wrongful Death.
This case was brought by the husband of a nurse who was struck and killed by a car while crossing the street in Nyack. After completion of extensive pre-trial proceedings, while awaiting trial, the case settled.

$1,744,000 Medical Malpractice.
A young man in Rockland County went to the Emergency Room with an eye injury that was misdiagnosed, resulting in the loss of his eye. Settled during a pre-trial conference.

$1,500,000 Medical Malpractice.
A senior citizen was forced to undergo a below-the-knee amputation after improperly performed vascular surgery damaged the blood supply to her leg. We obtained a court order directing the hospital to retain the amputated leg. The evidence that our rapid response enabled us to develop was critical in obtaining a significant settlement.

$1,350,000 Auto Accident.
A car made a left hand turn into the path of our clients' vehicle on Route 9W in New Windsor. Several members of the family were injured, including a four-year old boy who lost his kidney.

$1,200,000 Auto Accident.
A 32-year old karate instructor with a pre-existing back condition was involved in a car accident in Nassau County, injuring his neck and back. Three years later, while working as a New York Times delivery driver, he was involved in another accident in Manhattan, worsening his back condition. He underwent spinal fusion surgery and claimed a future reduction in earnings since he was no longer able to work as a union driver. His case settled after two mediation sessions followed by a pre-trial conference in the Supreme Court, Rockland County.

$1,100,000 Pedestrian Injury.
Working with North Carolina counsel, we obtained a pre-trial settlement for a man who sustained a closed head injury when he was hit by a police car.

$1,062,500
Jury verdict in Richmond County for Staten Island truck driver and his wife. Five-vehicle accident on the Brooklyn-Queens Expressway.

$850,000 Auto Accident.
An elderly couple sustained fractures when their vehicle was hit by another car pulling out of a driveway on Route 202 in Suffern. There were issues surrounding the severity of their injuries and who was at fault. Settled before jury selection.

$750,000 Trucking Accident.
Our client's car was struck by a tractor trailer in Dutchess County. The driver sustained neck injuries and his passenger, back injuries; both required spinal surgery. The insurance company attempted to discount our clients' injuries by asserting that their surgeries were not related to the crash but those arguments were overcome and the case was settled.

$750,000 Scaffold Fall.
A construction worker sustained a pelvic fracture and back injury requiring spinal surgery. The accident happened at a large Rockland County home improvement store. Since the defending corporations were based outside New York, the case was brought in United States District Court in White Plains and settled after several pre-trial mediation sessions.

$750,000 Medical Malpractice.
While performing surgery to remove our client's thyroid, a physician in Rockland County severed a nerve in her neck, causing vocal cord paralysis. The doctor argued that this was a risk of thyroid surgery but settled during jury selection.

$700,000 Ladder Fall.
An electrician fell from a ladder at a construction site in Suffern, fracturing both feet. After an appeal, the case was settled prior to jury selection.

$650,000 Failure to Diagnose.
A minister's wife suffering from appendicitis went to the Emergency Room, but the staff failed to diagnose the problem. She ultimately died from a burst appendix. Settlement against an Orange County hospital on the day a jury was to be selected.

$644,955 Auto Accident.
A farm worker in the Finger Lakes drove through a stop sign into the path of a truck. Before he came to us, another lawyer told him that he did not have a case. We determined that the truck was driving at high speed and that the stop sign was hidden by vegetation. Settlement during trial.

$612,500 Chemotherapy Burns.
A woman receiving treatment for cancer in a Bronx doctor's office suffered burns on her arm when the chemotherapy medicine was deposited under her skin rather than into a vein. Settled before the doctor's deposition.

$550,000 Auto Accident.
Award against the State of New York in the Court of Claims at White Plains for a car accident. Our client, in her mid-50s, was getting out of her car in a parking lot. A State employee backed out of the adjoining space, causing the driver's door to close forcefully and pinning the woman's knees against the door frame. She suffered significant bilateral injuries. The State unsuccessfully argued that the accident was our client's fault and that her injuries were degenerative and pre-existing.

$535,000 Environmental Tort.
We represented 65 teachers, students, and staff members of a Bronx elementary school who were evacuated when fumes from a burn test of capsacian at a pharmaceutical company across the street migrated through the air into the school. Our clients' exposure to the fumes involved primarily transient reactions with no long-lasting effects. The case was settled at a pre-trial mediation.

$525,000 Auto Accident.
Dutchess County mediated settlement. A woman sustained back injuries from a rear end car accident necessitating spinal surgery.

$455,000 Hair Salon Injury.
The jury found that negligent application of hair perm chemicals in a West Nyack salon caused permanent skin damage. The insurance company offered a nominal sum; accepting our advice, the client refused.

$352,500 Surgical Error.
A Rockland County woman received a settlement before jury selection in Westchester County for perforation of her colon during an operation.

$450,000 Auto Accident.
Action settled in the Supreme Court, Bronx County, for a schoolteacher who sustained herniated discs. She was a passenger in a car that was rear-ended on the Cross-Bronx Expressway.

$305,000 Auto Accident.
A couple and their daughter suffered neck, back and knee injuries in a Westchester County collision. We settled the case prior to trial.

$300,000 Nursing Home Negligence.
Senior citizen recovering from an operation in a nursing home fell from her bed, fracturing her hip. After the jury found the nursing home negligent, the insurance company paid.

$275,000 Nursing Malpractice.
In Orange County, an improperly administered injection during pregnancy resulted in persistent sciatica. Settlement.

$237,500 Slip and Fall.
Our client injured her wrist and elbow as a result of a fall on ice at a Dutchess County condominium complex. Settlement.

$215,000 Auto Accident.
Our client's car was struck in a cross-over accident. A senior citizen, she suffered neck and back injuries. The case settled in Dutchess County Supreme Court.

$190,000 Auto Accident.
Jury award for a 55-year old Rockland County mental health aide who was a front seat passenger in a low-impact collision with minimal damage to the car. However, our client sustained an aggravation of a pre-existing disc injury. The insurance company offered $5,000 so we took the case to trial.

$105,000 Auto Accident.
Westchester County jury award to our client, a 42-year old hospital cashier who suffered a knee injury. She was a passenger in a car that was sideswiped by a van. Our client was willing to settle for $25,000, but the most the insurance company offered was  $12,500. We went to trial and received four times more.

$100,000 Auto Accident.
A 32-year old receptionist sustained an elbow injury in an accident just outside her office building. The defendant denied responsibility but a Rockland jury disagreed.

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Fellows Hymowitz & Epstein, P.C.
254 South Main Street, Suite 400
New City, New York 10956
845-639-9300
845-634-3598 fax