Our Cases
Medical Malpractice – Child Left With Debilitating Injuries – $4,500,000 Settlement
After litigating against a doctor and one of South Florida’s largest hospitals, we helped our clients obtain a 4.5 million dollar settlement. Despite this being a complicated case, those responsible committed a very preventable mistake. Both the hospital staff and treating physician failed to properly diagnose a child’s lung and breathing problems, mistaking it for anxiety and other issues. There were multiple and obvious signs but they were all overlooked. As a result, this once gifted child went into respiratory arrest and subsequent cardiac arrest. She was successfully revived but unfortunately is still facing the challenge of recovering from permanent brain damage as well as other injuries.
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 than 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 Attorney Ronald Rosen
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.
Car 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.
Workers’ 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 was 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
Ronald 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.
