Summary of Some of Our Cases
Automobile and Truck Accident Cases
We regularly represent clients who have been injured in automobile and truck accidents, resulting in injuries that require significant short-term and long-term medical care, result in short-term or chronic pain and suffering, and produce significant economic and wage loss.
Medical Malpractice and Hospital Negligence
Pulmonary Embolism and Deep Vein Thrombosis: We settled a case in which our client's husband went to the doctor complaining of cough, congestion and shortness of breath, was sent home with a diagnosis of an upper respiratory infection, and died later that day of a pulmonary embolism. Our client had had previous deep vein thrombosis and had never previously complained of shortness of breath. His obesity placed him at risk for this condition.
Hip Replacement Surgery and Infection Resulting in Permanent Incontinence: We settled a case in which our client developed an infection at the site of an epidural catheter utilized for delivery of anesthesia. We argued that there was an unacceptable delay in treatment from the time the infection was discovered until a laminectomy was performed, resulting in a neurogenic bladder and permanent incontinence.
Lasik Surgery: We settled a case in which our client had a history of dry eye but was told by the surgeon that she was still a good candidate for lasik surgery. The surgeon did not obtain the client's consent to a monovision adjustment, which was made anyhow. The client has ongoing treatment for severe dry eye and has never adjusted well to the monovision.
Third Degree Burns From Spill of Hot Water from Hospital Tray: Our client was badly burned on his leg from hot water spilling from his hospital tray while he was still recovering from anesthesia following hip replacement surgery, ultimately resulting in a surgical graft of the skin.
Defamation, Civil Rights, and Employment Law Cases
Mr. Berger previously represented the estate of a diabetic man in a civil rights case whose family believed that his injuries, and later death, may have been caused by police utilizing excessive force in taking down the verbally unresponsive individual who was claimed to be aggressive and was later discovered to be suffering from diabetic shock. We contended that the man's death two weeks later was the result of a traumatic brain injury brought about by the use of excessive force. However, we were unable to pursue the case further, after the sole witness and only bystander who had given an unsigned statement that the diabetic man had not acted aggressively, was deposed and testified that the man had been aggressive. We also investigated potential medical malpractice claims that the hospital had not performed adequate radiological testing and that the man's doctor and an ENT evaluating him for a broken nose should have realized that he may have a head trauma but were unable to identify sufficient evidence to support these claims.
We represented a competitive telecommunications provider who sued the incumbent telephone company's telephone book publisher for failing to publish their listings in the book and on the internet correctly over a number of years, and resolved the matter by way of settlement.
We represented a salesman who had not received the commissions promised to him, and resolved the case by way of settlement.
Dog Bite Case
We settled a case in which a woman developed a boutonierre deformity of her index finger, resulting from nerve damage, after she was bitten by a dog while working as a painting contractor.
Products Liability
We represented a boy who was injured when a dumbbell with which he was exercising broke and struck him in the head. The matter was resolved by way of settlement.
Investment Broker Negligence
Financial Losses From Risky Investments: We represented a couple against a broker who invested more than $40,000 of retirement savings in viaticals, a risky investment vehicle in which the investor basically makes an educated guess regarding the survival of individuals experiencing terminal health conditions. The broker had persuaded the couple that the investment vehicle was safe and told them that he invested his own mother in viaticals, even while understanding that the client wanted an investment vehicle that did not place principal at risk. We negotiated a settlement in which the investment broker bought back the viaticals from the client.
Insurance Bad Faith
We settled a case in which the insurance company had underestimated the fire loss to the client's home and failed to pay him appropriate amounts pursuant to the insurance policy.
