Some of Our Prior Cases
$5.25 Million Dollar Settlement Obtained By Attorneys’ Rosen and Ohr for two parents that lost adult child in a fatal, wrong-way DUI collision
Mr. Rosen and Mr. Ohr represented the parents of a delightful middle-aged individual that was killed by a negligent driver that was driving the wrong way down a highway. The driver was suspected of being under the influence of alcohol at the time of the fatal crash. Mr. Rosen and Mr. Ohr were able to negotiate a substantial settlement for the family for the maximum available insurance policy limits without the necessity of having the family endure a trial. It was a very tragic circumstance for the family and all of the deceased’s loved ones and many friends. Several other attorneys outside our firm advised Mr. Rosen and Mr. Ohr that they evaluated this case for settlement purposes at a sum of less than $2 million dollars. Mr. Rosen and Mr. Ohr firmly believed that their clients deserved every last cent that the firm could get for the grieving parents considering no amount of money in the world could ever compensate parents for such an irreplaceable loss. The firm ultimately obtained and collected more than $5.25 million dollars.
$1.3 Million Slip and Fall Trial Verdict Against Wal-Mart
Our firm successfully tried a case against Wal-Mart 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 severe 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.
$4.5 Million Dollar settlement- Medical Malpractice Causes Child to be Left With Debilitating Injuries
After litigating against a physician and one of South Florida’s largest hospitals, our firm was able to obtain a fair and just settlement of approximately $4,500,000. Despite it being a complicated medical malpractice case, ultimately those responsible committed a very preventable mistake. Both the hospital staff and the treating physician failed to appreciate a child’s lung and breathing problems. They both improperly thought the patient had anxiety and other issues. After missing multiple and obvious signs, this very bright child went into respiratory arrest and then cardiac arrest. She was successfully revived but suffered several permanent and debilitating injuries.
$615,000 Workers’ Compensation Settlement for Construction Worker, in addition to Multi Million Dollar Personal Injury Settlement
Our firm represented a construction worker that was seriously injured in a construction accident. Although our client filed a personal injury lawsuit and was able to recover a multi-million dollar settlement against a construction company for the injuries he sustained, our firm got involved to also pursue a workers’ compensation claim based on the same accident. This was a complex case with several parties involved. Ultimately, Mr. Rosen and Mr. Ohr settled the workers’ compensation claim for $615,000.00 and also had the Employer/Carrier pay for a Medicare Set Aside Trust for our client.
Multi Million Dollar Head-On Collision
Our firm successfully settled this case for $2,305,000.00. Our client, a seventeen-year-old, was a passenger in a car that was struck head on by another vehicle. Our firm 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. Our law firm 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.
$682,999 Trial Verdict Against Bloomingdale’s for Slip and Fall
Following a four day Jury trial, our firm obtained a jury verdict in excess of $682,733 on a trip and fall case at Bloomingdales. Our client, an employee of Finlay Fine Jewelers, which leases counter space from the Bloomingdales in the Boca Town Center Mall, fell over a cart in the department store’s storage room when the motion-sensor lights failed to come on. She broke her left wrist and kneecap and underwent several surgeries.
Bloomingdales was notified of the malfunctioning sensor several times and both the store and regional manager had verified the problem and did nothing to correct it.
$250,000 Slip and Fall Case Against Miami-Dade Apartment Complex
Ronald Rosen and Jerrad Ohr represented a lady and her husband following a slip and fall incident that took place at the client’s apartment complex. Our clients lived at the apartment complex for several years before this slip and fall incident occurred and the insurance company for the apartment complex argued that our client should have known that the floors were slippery and also argued that it was our client’s flip flop sandals that caused her to fall. Our firm immediately hired a building code expert and engineer to investigate the scene of the fall. Mr. Rosen and Mr. Ohr presented their clients’ case to the insurance company and defense lawyer at a mediation using an iPad and a wireless overhead projector to strategically demonstrate to the insurance company what Mr. Rosen and Mr. Ohr planned to show the jury at trial. After Rosen and Ohr’s presentation, the insurance company’s outlook on the case changed drastically and they paid our clients $250,000.00 prior to trial.
$275,000.00 Workers’ Compensation Settlement for Bus Driver
Attorneys Ronald Rosen and Jerrad Ohr represented a bus driver that was injured while working on the job. After getting the insurance company to provide our client with medical treatment and other benefits for over 10 years, Mr. Rosen and Mr. Ohr fought to get our client a fair and reasonable settlement. Fortunately, our client’s injuries did not prevent her from being able to work following her accident. Although the Employer and insurance company argued our client’s case wasn’t worth much because she was still able to work as a bus driver, we were able to reach a settlement for our client in the amount of $275,000.00.
Medical Negligence Causes Children to be Left Without a Father and a Wife Without Her Husband
A wife and mother of three children unnecessarily became a widow after her husband went in for an elective laparoscopic gallbladder removal surgery. Before surgery, he was advised by his doctor to discontinue the anti-coagulant medicine he was taking for a mild heart condition. While the surgery was being performed, the surgeon cut his liver bed and did not realize it.
After the surgery, the cardiologist insisted that our client’s husband begin his anti-coagulant medications again. These medications have the effect of thinning your blood so as not to allow the formation of blood clots after surgery. However, because the surgeon cut the patient’s liver bed, this medication caused his internal bleeding to accelerate and intensify.
There are tell-tale signs of internal bleeding that physicians should be looking out for after any surgery and our client was clearly exhibiting many, if not all, of these signs. However, both the surgeon and the cardiologist missed it. They kept looking for other causes of this man’s rapidly deteriorating health condition despite all signs pointing to an obvious internal bleed. By the time they realized their mistake, it was too late. Our client’s husband died in the operating room, being prepared for the simple surgery that would have saved his life.
Through successful mediation, the surgeon’s insurance policy paid in excess of the insurance policy limits to the family. However, the cardiologist denied any fault. Ronald Rosen was preparing for a trial against that cardiologist when a few days before trial, the cardiologist’s insurer offered, and eventually paid, a substantial and confidential sum in excess of the policy limits to see that this family’s needs would be met for the rest of their lives.
Medical Negligence – Tragic Loss – Substantial Verdict!
Our firm represented the family of a 26-year-old wife and mother of two children who decided for safety reasons to have four wisdom teeth pulled at Hollywood Memorial 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 remove the anesthesia, rather than administer more. 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 our client and awarded them a substantial verdict.
$500,000.00 Award after successfully proving negligence of a Driver… Without a Witness to the accident!
Our firm successfully resolved this case for the maximum potential insurance policy limits of $500,000.00. In this case, a young girl that was 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 expert based this on the damage to the vehicle, skid and scuff marks, and other engineering factors.
Automobile Accident: Head on Collision $122,000.00
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 loss of consortium claim for $25,000.00.
Medical Negligence – Dentist – Substantial Settlement!
Our firm 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.
Great Results in a Whiplash Case! (Insurance Co. offers $722.00 , Our Firm gets Client $35,000.00!)
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. Ronald 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. Ronald Rosen 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.
Substantial Worker Compensation Benefits after Insurance company denied case!
Our firm was successful in litigating seven final hearings against Publix 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.
The Leverage, Of Seeking Bad Faith and collecting MORE than the insurance policy limits
Our firm 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 letter to the Defendant on the preceding 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 insurance company acting in bad faith). The letter demanded the Defendant pay additional funds by Friday at Noon. The Defendant “caved.” Rather than risking 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, where justified, can help the Plaintiff 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. Although the Defendant only had a $100,000 insurance policy, we were able to get the insurance company to pay our client $175,000.00 based on Bad Faith.