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2014
The defense’s expert neurologist opined that Carlos’ injury was not a result of hypoxia. He blamed pneumonia and septic shock.
The defense’s expert pediatrician opined that Carlos’ pneumothorax was properly and timely treated. Defense counsel contended that Hojsak appropriately adjusted the tube that was providing Carlos’ oxygen, and he claimed that the X-ray’s performance did not consume a significant amount of time. However, during cross-examination, the expert acknowledged that a thoracostomy should have been performed prior to the X-ray.
INJURIES/DAMAGES Plaintiffs’ counsel claimed that Carlos suffered hypoxia that caused severe encephalopathy. Carlos suffers severe residual disabilities. He cannot walk; he cannot perform many of his everyday activities; he cannot maintain an independent lifestyle; and he cannot perform any type of work. Plaintiffs’ counsel contended that Carlos requires aides, specialized equipment, therapy, other treatment, modification of his residences, and transportation to medical facilities.
Carlos’ father sought recovery of Carlos’ future medical expenses, Carlos’ future lost earnings, other future expenses that are related to Carlos’ disability, and damages for Carlos’ past and future pain and suffering. Carlos’ father and mother, Rosa del Rosillo Chimborazo, presented derivative claims, but those claims were discontinued.
RESULT The jury found that Hojsak departed from an accepted standard of medical care. It further found that the departure was a substantial cause of Carlos’ injury.
The jury determined that Carlos’ damages totaled $22,977,200. That amount would have been reduced to a present-day valuation, but that reduction was obviated by the terms of a stipulation that the parties negotiated during the trial. The stipulation’s terms were not disclosed.
$243,000 Personal Injury: future cost of disability-related transportation (54 years)
EDITOR’S COMMENT This report is based on information that was provided by plain- tiffs’ and defense counsel. Additional information was gleaned from court documents.
NUMBER TEN
TOXIC TORTS
Asbestos — Products Liability — Asbestos — Failure to Warn — Marketing Defect — Industrial Machinery
Steamfitter alleged his cancer was from asbestos at work
TOP VERDICTS NY
CARLOS BURI
$4,000,000 Personal Injury: Past Pain And Suffering
$10,000,000 Personal Injury: future pain and suffering (54 years) $1,739,000 Personal Injury: future lost earnings (37 years)
$54,000 Personal Injury: future medical cost (54 years)
$40,000 Personal Injury: future cost of therapeutic evaluations
(20 years)
$6,750,000 Personal Injury: future cost of personal attendant services (54 years)
$151,200 Personal Injury: future cost of equipment (54 years)
AMOUNT $20,000,000
TYPE Verdict-Plaintiff
CASE Hillyer v. A.O. Smith Water Products Co. VENUE New York County
JUDGE Cynthia S. Kern
DATE December 12, 2014
INJURY
TYPE(S) chest - chest
other - death, thoracentesis, radiation therapy cancer - chemotherapy, mesothelioma
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VerdictSearch’s Top New York Verdicts of 2014 19
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