Recent Elbow Fracture Pain and Suffering Verdicts in New York in Excess of $1,000,000


Two recent elbow fracture cases have resulted in pain and suffering verdicts in excess of $1,000,000.

In Carrasquillo v. City of New York (Supreme Court, Kings County; Index # 13888/01; 10/17/08), a six year old girl fell from a ladder at a slide in a municipal park and sustained a grade III supracondylar fracture of her dominant arm's elbow. Treatment included closed reduction and the application of percutaneous pins. At trial (eight years later), she claimed she still suffers swelling, pain, reduced range of motion and inability to carry many items. After a two week trial, the jury awarded her $3,200,000 for her pain and suffering ($500,000 past; $2,700,000 future)....

...The other recent case comes from the federal court in Brooklyn: Soto v. Kraft Foods Global, Inc. (U.S. District Court, E.D.N.Y.; # 08-2413; 3/4/09). In that case, a 36 year old delivery truck driver sustained a type II Monteggia's fracture (a fracture of the proximal region of the ulna) and a fracture dislocation of the same elbow's radial head. He underwent open reduction and internal fixation surgery and was left with a metal plate and nine screws in his arm as a result.

At trial 16 months later (the federal system is much faster than the state system in New York), Mr. Soto claimed he'll have permanent pain and range of motion deficits and that his arm and elbow retain merely marginal functionality. The jury awarded him $1,100,000 for his pain and suffering ($275,000 past; $825,000 future - 37 years)....

Please see full blog post for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Hochfelder | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.