Case Results


1

A young nurse was struck by a motor vehicle as she was crossing the street. She suffered a traumatic brain injury (TBI) that consisted of a skull fracture with epidural and subdural hematoma.

She underwent a craniotomy within 24 hours of the accident. Despite her traumatic brain injury, she returned to work in a matter of months. She worked full time, performing her work without noticeable signs of impairment to her colleagues. She also passed her boards, becoming a Nurse Practitioner after her accident and was able to gain employment as a full time Nurse Practitioner increasing her salary. The defense attorneys and insurance companies during the initial stages of litigation valued this traumatic brain injury case as one where the plaintiff fully recovered and offered no more than $250,000 after two years of litigation. As such, both Nguyen Leftt, P.C. partners, Andrew Leftt and H.Q. Nguyen, prepared for trial to fully explain the extent of Plaintiff’s traumatic brain injury despite her ability to work full time as a nurse and then as a nurse practitioner. Nguyen Leftt’s preparation for this trial included a mock jury trial to explore certain strengths and weaknesses of Plaintiff’s case. Nguyen Leftt won an argument at trial allowing the firm to use results from a Diffuse Tensor Imaging (DTI) MRI as evidence of Traumatic Axonal Injury (TAI). This is at the very forefront of scientific evidence in New York’s courts. Their extensive and meticulous preparation for trial, to explain the insidious nature of white matter damage and its subtle but significant effect on cognitive stamina despite plaintiff’s ability to return to full time work led to a settlement of $4,750,000.00 after two days of trial (the insurance coverage was limited to $5,000,000). We are proud of this result in not only that we achieved nineteen (19) times what was offered before trial but that we maintain a practice that allows for two seasoned trial lawyers to be able to devote their time and energy to a single trial to achieve a just result.*

2

A laborer installing cabinets at the build-out of a new retail space fell through an unguarded opening in the floor for a concrete staircase to the basement.

He landed on the concrete stairs below, sustaining an injury to his head and neck. A lawsuit was brought under New York’s Labor Law section 240(1), also known as the “scaffold law.” After his family noticed changes, he was examined by a neuropsychologist, who determined that he was suffering from cognitive and emotional changes from a Traumatic Brain Injury (TBI). Subsequently, a Diffuse Tensor Imaging (DTI) MRI was performed that demonstrated and corroborated the presence of white matter damage to the brain as a result of traumatic axonal injury (TAI). Nguyen Leftt prepared the case for trial by jury. At the behest of the defendants, the Firm agreed to attend a mediation, an increasingly popular alternative dispute resolution method. Despite no surgical intervention of any kind, Nguyen Leftt named partner H.Q. Nguyen conveyed the seriousness of the injuries to everyone present, resulting in a settlement of $1,500,000.*

3

Our client, a 58 year old woman, was struck by a bus as she was crossing the street in a crosswalk.

She suffered neck, back, and knee injuries requiring surgeries to all three parts of her body. She eventually returned to work as a baby sitter, walking several miles each day to and from her job. The defense hired private investigators to follow and video her as she worked looking after children in a family. The defense claimed that she darted out from between two parked vehicles beyond the crosswalk. The defense also claimed that our client was not paying attention and walked into the bus’ path while looking at her phone. After a six week trial, the jury found the bus company owner 100% negligent, and awarded her $2.7 Million. The case was tried by H.Q. Nguyen.*

4

Our client, a 37 year old man, was shopping at Best Buy when a box containing a coffee maker fell from the shelf striking him on the back of his head.

Our client suffered a mild Traumatic Brain Injury as well as injuries to his neck and back. Numerous offers were made by Best Buy to settle the case before trial to test our resolve to see the case through verdict. It was only when we were about to start trial that the case settled for $2.25 million.*

5

Andrew Leftt secured a verdict for purely mental pain and suffering for approximately 6.5 years amounting to nearly $1.5 Million for a cab driver against the City of New York.

A Queens jury disregarded the City of New York’s argument that the cab driver did not suffer a Traumatic Brain Injury as a result of being involved a minor impact accident. The City argued that the cab driver was not suffering from any cognitive or psychiatric conditions since he was able to drive 40 hours a week after the accident. At trial, the City offered $500,000, ten times the amount demanded by the first attorney who had the case.*

6

A 47 year old immigrant laborer fell from a scaffold while at work and suffered severe Traumatic Brain Injuries resulting in subdural hematoma and subarachnoid hemorrhage in his brain.

In addition, our client suffered injuries to his neck, left shoulder and lower back. Despite the extensive injuries he suffered, our client, on the surface, appeared to have recovered extremely well and did not require use of any assisted devices. The defense and insurance companies insisted that our client mostly recovered based on the fact that our client did not require any assisted devices such as a wheelchair or constant supervision. But our client continued to suffer from cognitive and psychological problems. Based on sophisticated brain scans taken a few years after the accident we were able to prove that while our client looked on the surface to be well and normal, parts of his brain were permanently destroyed from a condition called encephalomalacia. The parts of the brain that revealed encephalomalacia several years later were in the same areas that showed subdural hematoma on the date of accident. The defense attorneys and insurance carrier insisted that our client had mostly recovered and suffered very little permanent problems from the injuries due to the accident as well as arguing that our client had suffered prior injuries to the same parts of the body from a prior accident. Our firm did not waiver from our position that our client suffered a life altering injury and could not work for the rest of his life as well as requiring medical care for the rest of his life and was able to achieve a settlement of $6,875,000.00 along with a total waiver of approximately $500,000.00 in worker’s compensation liens.*

7

Our client, a 46 yr old carpenter, suffered a mild traumatic brain injury (mTBI) as well as neck and back injuries, when debris fell on his head as he was at work at a construction site.

Our client had 3 prior injuries to his neck and back prior to this accident. The defense disputed that the accident was due to their negligence as well as disputing that our client did not suffer a serious brain injury. They hired experts to say that our client was malingering as to his mild traumatic brain injury (mTBI) as well as his neck and back for the sake of the lawsuit. Their initial offer of $150,000 was rejected. As we were getting ready for trial, we continued to educate both the defense attorney and the Court of the legitimacy of our client’s injuries and how his injuries affected his ability to work. In time, we were able to convince our adversary and the Court that the reason for our client’s work site accident was due to violation of work safety laws. The case ultimately settled for $2.2 million*

8

A 37 year old woman, suffered a mild Traumatic Brain Injury, neck and back injuries as a result of being struck on the head by a metal object that fell from the ceiling. The object was never recovered.

There was no reported loss of consciousness and she was treated and released from the E.R. on the same day. Our client underwent neuro-imaging tests that confirmed traumatic diffuse axonal injury to her brain. She also had lower back surgery 6 years after the accident. There was no settlement offer by the defense going into trial against our demand of $3 million. After over 10 weeks of trial and 6 days of deliberations, the jury returned a verdict awarding our client $4.3 million.*

9

A 65 year old male, scientist, was struck by a delivery van while he crossed the street.

He had no injury anywhere on his body except for a moderate Traumatic Brain Injury. The injury caused him to be declared incompetent after a hearing before a Judge and he died from his injury almost one year after the accident. His case was settled during jury selection by Mr. Leftt for $3 million.

10

A 39 year old female was overdosed on pain medication in an inner city ER. She never fully regained consciousness and sustained a severe brain injury due to the medical mistake. Mr. Leftt settled before jury selection for $4.375 million.

11

A 30 year old man, ex-convict, fell down a flight of stairs leading to an inner-courtyard in the middle of the night.

His medical reports showed alcohol and marijuana in his system at the time of his fall. He sustained an injury to his non-dominant arm and the brachial plexus nerves. His case settled during jury selection for $875,000.00 (there was a $1 million insurance policy).

12

A 42 year old male, laborer from Ecuador, suffered mild a Traumatic Brain Injury along with injuries to his shoulder and hand.

He was struck by a window frame that fell onto his fingers and bounced against his head causing him to fall back and to strike his head against the wall. At the time of the accident, our client was wearing a hard hat.  There was no loss of consciousness and our client was treated and released from the E.R. A CT scan at the E.R. was normal and showed no brain injury. Our client had hand and shoulder surgery. In the weeks before trial, the case settled for $2.2 million.*

13

A 50 year old man, involved in a vehicle rollover, suffered a mild Traumatic Brain Injury (mTBI) along with neck, shoulder and lower back injuries. The case settled for $5 million just prior to jury selection.*

14

A male baby got stuck in the birth canal during his mother’s labor and delivery and the doctors injured him, causing Erb’s Palsy.

The baby made an almost complete recovery by the time he was two years old. When the trial began, the Judge suggested the responsible doctor settle for $25,000.00, after the Hospital settled for a confidential amount. The doctor refused to consent to settlement the jury returned a verdict for the injured child awarding $500,000.00, more than 20 times the judge’s suggestion for settlement.

15

A 50 year old male postal worker, struck by an elevator door, suffered neck injuries requiring surgery more than 3 years later.

The client also claimed memory and anxiety disorder as a result of being struck on the head. The case settled for $1.65 million after jury selection.*

16

Recent mild Traumatic Brain Injury (mTBI) case in Westchester County resulted in a jury verdict awarding our client $2.5 million.

17

A 50 year old Jamaican man was struck in the rear by another vehicle causing neck and lower back injuries.

He returned to work as a construction worker two days later and continued to work full time for the remainder of the year. He underwent surgery to his neck one year and four months after the accident. The parties agreed to a settlement of $975,000 just prior to trial.*


Nguyen Leftt

Personal Injury Attorneys

675 Third Avenue, 25th Floor
New York, NY 10017

© Nguyen Leftt P.C. 2018

Tel: 212-256-1755
Fax: 212-256-1756

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