TThe team of Eitan Ogen and Natalie Sedaghati have an impressive proven record of multiple 7-figure and 6-figure verdicts and settlements, many for non-surgical, “soft tissue” disputed cases and/ or with problematic liability scenarios. We are pleased to once again have some of our recent “soft tissue” verdicts honored in this year’s NY Top Verdicts & Settlements section.
We are also proud to announce that Natalie Sedaghati is one of only nine female attorneys selected as a Super Lawyer in New York in the practice area of Personal Injury.
$4.25 Million Pre-Trial Settlement for 44 year old man in motor vehicle accident, who sustained cervical and lumbar herniations, with minimal and sporadic treatment, which ultimately required surgery. Defendants’ counsel and carrier, who initially argued that these were mere “soft tissue” injuries, sustained in an accident that required no tow, no ambulance, and no emergency room care, where claimant returned to work shortly after the accident, also argued that the surgery was not related to the accident as the claimed injuries were pre-existing and degenerative, and that he had made a good recovery. Nevertheless, a recovery of $4,250,000.00 was obtained for the client. - Rafael B. v. E.S.
$2.5 Million Jury Verdict
Award obtained against the MTA/NYC Transit Authority for a woman who sustained a shoulder impingement (no tear) with arthroscopic surgery resulting from MVA. She also had a disputed disc/bulge protrusion. Defendant’s doctors testified that there was nothing wrong with her and that any symptoms were from an untreated carpal tunnel condition for which she had surgery following the accident. Amount suggest to Jury was $1 million. MTA’s initial offer was $2,500. Maximum offer was $125,000. This was the second highest verdict in NY for a motor vehicle/No Fault case in 2011 Top NY Verdicts.
$2.45 Million Pre-Trial Settlement
A 42-year-old in a low-speed, minimal impact disputed liability MVA. Client had nearly identical degenerative MRI findings prior to the accident. Defendants’ doctors disputed any causality and necessity of any surgery or treatment, as client had returned to work after MVA, her MEGs/MRIs were normal for her age, she had minimal and sporadic therapy and she had resolved. Zurich previously had maintained a no-pay position.
$1.375 Million Jury Verdict
A 39-year-old unemployed man in a soft-tissue MVA, knee arthroscopy case with no property damage, no ER. No lost wages, minimal treatment. Defendants’ doctors testified that plaintiff’s examination was normal and MRI films were normal with degeneration. Client had a prior injury and surgery to same body part. Allstate maintained no-pay position through time of verdict.
Non-Surgical Soft Tissue/Disputed Liability Cases:
$1.3 Million Jury Verdict
A 35-year-old, in a soft tissue, non-surgical herniated disc MVA, where Defendants denied liability, plaintiff had minimal treatment, no lost wages. Defendants’ doctors testified that their examinations were normal. Defendants argued he had the same injury from a prior MVA, which he failed to reveal to his doctors. State Farm valued case at $50,000. Amount asked of the Jury was $1 million.
$1.2 Million Jury Verdict
A 43-year-old driver, in a soft tissue, non-surgical herniated disc MVA case, where Defendants denied liability, client’s treatment was primarily with a chiropractor. No lost wages and minimal and sporadic treatment. Defendants’ doctors testified that Plaintiff’s examination and films were normal. Jury determined 100% liability. Amount suggest to Jury was $1 million. The award was one of the highest ever for pain and suffering only for a single, non-surgical disc. App. Div. sustained $700,000, one of the largest amounts sustained ever for such injury. NJ Manufacturers valued case at $7,500. 100K policy tender during trial rejected as untimely. Bad faith lawsuit pending.
$960,000 Judicial Award
A 37-year-old driver with non-surgical bulging discs. There was minimal damage to both vehicles involved.
$850,000 Jury Verdict
A 49-year-old unemployed man in a soft tissue, non-surgical herniated disc MVA case, with minimal property damage, no ER, no lost wages. Plaintiff first sought medical attention with a chiropractor 9 days after the accident. Treatment thereafter was sporadic and minimal. Defendant’s doctors testified that plaintiff’s back condition was pre-existing and degenerative. Plaintiff was not injured and his exam was completely normal. American Transit valued the case at $6,000.
$500,000 New York County Pre-Trial Settlement
A 43-year-old immigrant residing in Suffolk who claimed non-surgical bulging and a herniated disc, and was never recommended for any surgery. Defendant’s doctors stated Plaintiff’s examinations were completely normal and that he was capable of working without any restrictions. Defendants argued plaintiff’s alleged soft tissue injuries were minor, degenerative, and were completely resolved.
Disputed On-The-Job Cases:
In a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully held the tenant (a separate but related corporate entity from the employer) liable for the client’s injuries. St. Paul had previously maintained a no-pay position.
Following liability jury verdict in a hotly disputed liability case where our client was injured while working. The tenant who operated the store was her employer. We sued the landlord, who denied any liability, and argued that he was an absentee landlord who had nothing to do with the store. Jury awarded 100% liability against the landlord, who settled immediately thereafter. Greater New York had no-pay position until liability verdict reached.
For hand injury in a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully sued related, but separate corporate entities, despite the fact that they were owned by the same parent corporation and owners. Zurich had previously maintained a no-pay position.
Court Decision in the News:
$11 million lawsuit against Madison Square Garden given go-ahead to proceed by New York State Supreme Court in widely publicized case where spectator was struck by a hockey puck at MSG. (Precedent-setting case in NY)