Medical device cases

We are currently taking cases in connection with defective medical equipment. These include cases involving hernia mesh, such as Ethicon Phsyiomesh, as well as defective orthopedic implants. Typically, these cases are brought only against the manufacturer, and not against the doctor. Please feel free to contact us at (518) 828-3336 to discuss any questions you may have.

Posted on January 27, 2018 .

Highest settlement or verdict in Greene County

We recently obtained the highest settlement or verdict on record with VerdictSearch in connection with a case in Greene County, New York. In April of this year Greenberg & Greenberg, along with the Law Firm of John P. Kingsley of Catskill, New York, obtained a settlement on behalf of a client for the amount of $2,600,000. The case involved the loss of any eye by a four-year-old girl who was injured due to inadequate maintenance at an apartment complex in Catskill, New York. The case was settled the day before trial was to begin. 

Posted on September 26, 2016 .

Recent settlements of note

Along with multiple other settlements, we settled two cases recently that were of particular interest. In one case, we were able to obtain $300,000 to settle a car accident case in Greene County, New York, where the plaintiff suffered an injury to his neck that eventually required surgery. This case was notable several reasons. First, the plaintiff's car never struck another car or other object. Instead, the plaintiff drove off of the roadway due to an oncoming car and went over a pile of construction material, causing the plaintiff to strike his head on the roof of his car. The plaintiff was able to continue working for approximately eight months, but then was unable to continue working. The case was also notable in that the plaintiff did not suffer any herniated disc or other trauma that was demonstrable through radiological testing. The plaintiff had significant pre-existing degenerative disc disease. Although an EMG test conducted on the plaintiff after the accident was negative for nerve damage, the plaintiff's treating neurosurgeon and pain management physician were of the opinion that the plaintiff suffered nerve damage in the initial trauma due to his significant pre-existing spinal stenosis. 

In another case in upstate New York, we obtained a significant settlement of for a young teenage boy who was shot in the eye by a friend with a pellet gun. The gun belonged to the boy who was shot, and the shooting took place at the boy's house. The defendants brought a counterclaim against the injured's boy's mother. We were able to obtain summary judgment on liability on behalf of the boy prior to trial, leading to the settlement of the case. If the case had gone to trial, there would have been issues regarding the defendant's counterclaim of negligent entrustment against the injured boy's mother.


Posted on November 25, 2015 .

Wisdom Tooth Extraction Gone Wrong: Can this be Dental Malpractice?

Nearly every person has three sets of molars.  The last set that emerges is what we call wisdom teeth.  Why we even have them is anyone’s guess.  Most people have them removed because they can cause more harm than good. 

Wisdom teeth are known to become impacted or partially impacted, they grow in crooked or sideways, surrounding teeth can be damaged by them, and the mouth might be over crowded by their presence.  Even serious infections can develop if wisdom teeth are not removed. 

Since wisdom tooth extraction is an event most people go through, one would think that dentists and oral surgeons are so practiced with the extraction that errors no longer occur.  The experienced Hudson dental malpractice attorney knows otherwise.  In fact, wisdom tooth extraction can and does go wrong.  Injured patients should know that wrongfully performed wisdom tooth extraction can de dental malpractice. 

Wisdom tooth extractions, performed negligently, have been known to cause:

·         Sinus perforation,

·         Infection,

·         Nerve damage,

·         Jaw fractures,

·         Uncontrolled bleeding,

·         Temporomandibular joint injury.

Even the wrong teeth can be mistakenly removed by negligent dentists and oral surgeons.  Mistakes related to the negligent administration of general anesthesia have caused patients to suffer injury as well.

What does it mean to be negligent?  In general, compensable negligence occurs when someone owes a duty to another, breaches that duty, causing injury and damages.  It is nothing intentional, but the negligent act or omission should not have happened. 

Negligence in the dental setting is dental malpractice.  The requirements for a successful dental malpractice claim are the following:

·         A dentist patient relationship,

·         A deviation from the standard of care owed to the patient that which occurred while treating the patient,

·         The deviation must have caused the patient’s injury,

·         And the victim must have suffered damages; pain and suffering, lost wages, medical bills, etc.

There are nuances to all of this that only the experienced personal injury attorney will know.  For example, the offending dentist’s actions will be judged in light of other dentists in the area of similar skill and training that perform the same work under similar circumstances. 

The standard of care owed to dental patients must be proved by expert testimony.   So too must causation be explained by experts. 

Proof of the losses claimed by victim must also be introduced by evidence and direct testimony.  This requires reviewing medical records, wage statements, victim accounts, questioning experts and witnesses, among many other things. 

The short answer to the question is, when dentists make a mistake that shouldn’t have been made and wouldn’t have been made by another nearby dentist, failed wisdom tooth extraction can be dental malpractice. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.


Common Types of Motor Vehicle Accidents and Statistics: Have You Been Injured?

According to the New York State Department of Motor Vehicles, there were 304,804 motor vehicle crashes in New York State during the 2013 calendar year.  Over a thousand of those crashes involved a fatality; over 124,000 resulted in non-fatal personal injury; over 179,000 involved property damage.  If you add the number of drivers in those crashes together with the number of passengers, there were over a million people involved in motor vehicle crashes during 2013.  

The numbers above do not include pedestrian collisions, bicycle collisions, and motorcycle crashes.  As you know, over a thousand people were killed on New York roadways during 2013.  Statistics reveal that 625 of them were drivers; 178 were passengers; 344 were pedestrians; and 40 were bicyclists. 

The statistics for 2014 have not yet been released.  It would not be surprising if the numbers were not any better. 

Given the statistics above, the chances are likely that you or someone you know has been involved in a roadway accident.  The chances of knowing and/or being related to a person killed or injured in a roadway accident are far too great and these tragedies touch too many lives in New York.

The residents in and around Hudson, New York are not exempt from experiencing the horrible ramifications of motor vehicle accidents.  Experienced motor vehicle accident attorneys work with car accident victims every day.  It is important for readers to know that if a vehicle accident resulted from negligence, the injured victims have a right to compensation.

The accidents of which we speak include:

·      Accidents involving cars or trucks.

·      Bus accidents.

·      Motorcycle accidents.

·      Bicycle accidents.

·      Pedestrians hit by motor vehicles or motorcycles.

·      Roadway defect accidents.

Negligence that which leads to roadway collisions, injury and death occurs in many different ways.  Take roadway defects as an example.  Defects in the road can be broken pavement or potholes; missing or improperly placed guard rails; missing or malfunctioning traffic devices and signs.  The road itself may have been improperly designed and/or maintained. 

Here is a list of other negligent acts that which cause injury or death to Hudson roadway users:

·      Speeding.

·      Drunk driving.

·      Buzzed driving.

·      Drowsy driving.

·      Falling asleep at the wheel.

·      Tailgating.

·      Failures to yield and/or stop as required by traffic signs.

·      Running red lights.

·      Texting while driving.

·      Distracted driving.

·      Failing to adjust vehicle use to compensate for poor weather conditions.

Some of these negligent acts will only result in mere property damage. However, others will unfortunately cause injury, sometimes serious, and even death.

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.