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Gersowitz Libo & Korek, P.C. featured in The New York Times and The Washington Post
Gersowitz Libo & Korek, P.C., a leader among personal injury and medical malpractice firms in the New York area, was recently featured in The New York Times and The Washington Post for the firm’s impressive trial work.
Gersowitz Libo & Korek, P.C. was featured on the front page of The New York Times on Wednesday, August 24, 2011. The article, entitled After Stillbirth, Courts Try to Put a Price on a Mother’s Anguish, by William Glaberson, details a client’s ordeal of fighting the New York Court system after tragically losing her unborn child due to hospital negligence. The New York Times applauded Gersowitz Libo & Korek, P.C. for refusing to prematurely settle the case for less money since a similar lawsuit’s verdict of significantly more money was recently upheld in court.
Gersowitz Libo & Korek, P.C. was also featured in The Washington Post on Monday, November 21, 2011. Michelle Andrews wrote an article on judge-directed negotiation, Judge Devises Model for Resolving Medical Malpractice Cases More Quickly. The article highlights a Gersowitz Libo & Korek, P.C. case where judge-directed negotiation was used to benefit both the client and the NY State Court System.
“We are pleased that our local and national media outlets recognize the need to inform and educate the public on shortfalls and changes in the court systems and government bodies,” states Jeff Korek, a partner at Gersowitz Libo & Korek, P.C. “Many of these issues directly affect so many Americans, and if any of these stories help even one person better their struggling situation, we have done our job.”
Gersowitz Libo & Korek, P.C. has been committed to the relentless pursuit of victims’ rights in New York and New Jersey for over 25 years. Focusing on personal injury, medical malpractice and product liability, the firm has won hundreds of millions of dollars for its clients. For more information on the firm, visit http://www.lawyertime.com.
Partners of Gersowitz Libo & Korek, P.C., a leader among personal injury and medical malpractice firms in the New York area, recently attended an invitation-only gathering of minds with former President William J. Clinton to discuss The Clinton Foundation and The Clinton Global Initiative and how to get America back on the right track.
Edward H. Gersowitz and Jeff S. Korek attended this momentous occasion, which took place the evening of Thursday, December 1 in Miami, Florida and included just 20 leaders representing numerous industries throughout the United States.
Jeff Korek, President William J. Clinton, Jolie Korek, Edward Gersowitz
“The Clinton Foundation has made so many strides improving lives all over the world,” said Korek. “We were truly honored to have the opportunity to speak one-on-one with President Clinton and share our views on how to bring America back to the level we know we can be.”
Topics ranged from health care reform to education improvement to creation of more American jobs. Gersowitz and Korek both strongly suggested necessary changes in health care without balancing the budget on the backs of innocent victims (children and adults with permanent brain injury, those suffering from medical malpractice, victims of catastrophic accidents resulting from corporations gone wild in an era of little regulation, etc.)
Gersowitz Libo & Korek, P.C. has been committed to the relentless pursuit of victims’ rights in New York and New Jersey for over 25 years. Focusing on personal injury, medical malpractice and product liability, the firm has won hundreds of millions of dollars for its clients. For more information on the firm, visit http://www.lawyertime.com.
Gersowitz Libo & Korek, P.C., a leader among New York personal injury and medical malpractice firms, is now accepting cases for victims who have been diagnosed with bladder cancer after taking the drug Actos to treat diabetes.
The Food and Drug Administration issued a warning in June 2011 that diabetic patients who have taken Actos and other pioglitazone-containing medicines are at a higher risk of developing bladder cancer. The warning notes that the risk is higher in patients who have taken higher dosages of Actos for more than 12 months.
France has stopped the release of these drugs. The FDA noted that it was aware of France’s decision. However, the FDA has not banned these medicines from being issued in the United States.
Gersowitz Libo & Korek, P.C. has been researching patients who have developed bladder cancer as a result of taking Actos and is now accepting new clients. If you or a loved one has fallen victim to the drug Actos, contact Gersowitz Libo & Korek, P.C. at (800) LAW-9997 to learn your legal rights.
CATCH THE BEST STREETBALL ACTION AND ENTERTAINMENT AT THE 6TH ANNUAL GARDINER MEMORIAL BASKETBALL CLASSIC TOURNAMENT AUGUST 13TH AND 14TH
Scholarships to be Awarded to Local College-Bound Students
The 6th Annual Gardiner Memorial Basketball Classic Tournament, run by The Gardiner Foundation, will offer fun and excitement on the basketball court on Saturday, August 13th & Sunday, August 14th. Thousands of local Bronx residents will come together to watch some of the best street ballers from across the country compete for the title, enjoy free food, entertainment and giveaways and honor five college-bound high school seniors with scholarships. This free tournament is sponsored by Lawyertime.com and will take place at St. James Park in the Bronx on West 192nd Street and Jerome Avenue from 12:00 PM – 8:00 PM both days. (Please note rain location: Gaucho’s Gym, 478 Gerard Ave., Bronx, NY.)
The Gardiner Foundation was established in 2006 by Dexter Gardiner, in memoriam of the loss of six of his family members in a horrific car accident on the Bronx River Parkway. Building upon his family’s legacy of helping others in need and involvement in the game of basketball, the Foundation embarked on a community outreach initiative that offers educational scholarships and financial support, emotional and spiritual guidance and burial assistance to other families in the community who have suffered a sudden and tragic loss. Since its inception, The Foundation has awarded eleven scholarships to students entering college for the first time. These awards provide much needed assistance towards the purchase of books, clothing, and other items necessary for an enrolling college student. The foundation has also provided free laptops computers and book bags filled with school supplies to encourage the children and youth in the community in their education.
***The Tournament is FREE and open to the public***
What: 6th annual Gardiner Memorial Basketball Classic Tournament
When: Saturday, August 13 & Sunday, August 14th
Time: 12:00 PM – 8:00 PM each day
Where: St. James Park- West 192nd Street and Jerome Avenue, Bronx, NY
(Rain Location: Gaucho’s Gym, 478 Gerard Ave., Bronx, NY)
For more information, contact Norah Grady at 212-385-4410 or ngrady@lawyertime.com
Gersowitz Libo & Korek, P.C. (GLK), a leader among personal injury and medical malpractice firms in the New York area, took full advantage of the American Association for Justice Annual Summer Convention, which was held in NYC from July 9 – July 13, 2011.
GLK prepared for the convention by sending out a welcome package to American Association for Justice (AAJ) members, which included a GLK Guide to New York City. This comprehensive guide gave in-depth opinions about some of GLK’s favorite places to eat and things to do in NYC.
On Saturday, July 9, 2011, GLK hosted a Night of Comedy at the famous BB Kings Blues Club on 42nd Street in Manhattan. Over 300 AAJ members and their families enjoyed great company and lots of laughs listening to comedians Sandy Marks, Ted Alexandro and Lynn Koplitz perform their hysterical stand-up routines, with GLK partner Edward H. Gersowitz opening the show.
On Monday, July 11, 2011, GLK partner and senior trial attorney Jeff S. Korek ran a three hour program which focused on forecasting defense strategies before and during a trial. This continuing legal education course, which featured top personal injury and medical malpractice attorneys throughout the country as guest lecturers, offered key insight to both veteran attorneys and rookie litigators.
“It’s always been extremely important to our firm to actively participate in as many opportunities as possible with regard to our firm’s areas of practice,” Korek said. “The best way to continuously improve as a law firm is to interact with and learn from our colleagues nationwide.”
Recognized as one of the leading personal injury law firms in the area, Gersowitz, Libo & Korek, P.C. has recovered tens of millions of dollars for our clients’ personal injury claims in New York and New Jersey. To find out more about attorneys Edward H. Gersowitz, Andrew L. Libo, Jeff S. Korek, Michael A. Fruhling, Brielle C. Goldfaden, Nicolas Bagley and James H. Bartolomei, visit http://www.lawyertime.com.
If you or someone you love has been the victim of a personal injury or accident, please contact Gersowitz, Libo & Korek, P.C., committed to the relentless pursuit of justice for victims’ rights in New York and New Jersey, at 800-LAW-9997.
Gersowitz Libo & Korek, P.C., a leader among personal injury and medical malpractice firms in the New York area, was recently published in the New York Law Journal for its praise of the Honorary Justice Manuel J. Mendez and his enlightened ruling in recognition of the rights of same-sex partners in New York in a recent personal injury trial.
The letter to the editor appeared on page 6 of the April 22, 2011 edition of the New York Law Journal.
In the case, Loiacano v. National Psychological Association for Psychoanalysis, Inc. and Consolidated Edison Company of New York, Inc., there was, as there typically is, a request for exclusion of non-party witnesses during the trial proceedings. Due to the unfairness of the prevailing interpretation of the law, Mr. Loiacano’s partner of 27 years would have been excluded from being present in the courtroom to support his life partner during the trial. Heterosexual spouses would not only have the right to remain in the courtroom, but also to file a derivative action against the defendants.
The Honorable Justice Mendez, in an appropriate exercise of his discretion, ruled that Mr. Loiacano’s partner would be allowed to remain in the courtroom to support him, stating, “It’s a longstanding relationship of twenty-five [plus] years, and I don’t think a quirk in the law that fails to recognize their relationship should prevent him from being next to his partner at this time.”
Edward H. Gersowitz and Jeff S. Korek, both partners of the firm, applauded the Honorable Justice Mendez, the acting Supreme Court Justice of New York County, for his willingness to look beyond the literal interpretation of an outdated law in an effort to provide an equal and just opportunity to same-sex couples.
Gersowitz Libo & Korek, P.C. has been committed to the relentless pursuit of victims’ rights in New York and New Jersey for over 25 years. Focusing on personal injury, medical malpractice and product liability, the firm has won hundreds of millions of dollars for its clients. For more information on the firm, visit http://www.lawyertime.com.
NY Hospitals To Test Medical Malpractice Pilot Program
Five New York Hospitals are becoming part of a malpractice pilot program aimed at reducing medical errors. This three year program will be funded by the federal government for $3 million. While in this program, these hospitals will disclose medical errors early, offer settlements more quickly, and enlist the help of specialized judges to mediate these settlements before they go to trial.
This main goal of this pilot program is to reduce preventable medical mistakes by causing doctors and hospitals to admit their errors and learn from their mistakes. The secondary goal is to reduce costs of medical malpractice insurance.
Patients and their families will be encouraged to take part in this program, but will not be required to. If a patient agrees to participate in the program but a settlement cannot be reached, they still retain the right to seek a jury trial.
The five hospitals participating in this, according to the New York State Department of Health, are: Beth Israel Medical Center, Mount Sinai Medical Center, Maimonides Medical Center, Montefiore Medical Center, and New York Presbyterian Hospital.
While we fully support any program that aims to increase patient safety and limit medical errors, our main concern is that victims of medical malpractice are treated with dignity and not victimized twice- first by the hospitals and then by the legal system.
We will keep track of this pilot program over the next three years and report back on its effectiveness.
Other media outlets who have reported on this pilot program:
Wall Street Journal: Mediating Malpractice
Renal and Urology News: New York Hospitals Test Malpractice Program
Kahn, Gordon, Timko & Rodriques, P.C.: NY Pilot Program Aimed at Reducing Preventable Medical Mistakes
Kaiser Health News: NY Hospitals Agree To Pilot Program To Cut Medical-Malpractice Costs
"Level of Awareness" of Comatose Patients Determines Damages for Pain & Suffering
On October 4, 1996, Edith Schaffer suffered a seizure after admitting herself to a psychiatric hospital (Stony Lodge Hospital) in Ossining, NY. After the seizure occurred, she was transferred to a local hospital, and her seizures continued for the next two days. Ms. Schaffer lapsed into a coma, which she remained in for over four years until her death on June 6, 2001. It was determined that her coma was caused by the failure of the physician at the local hospital to diagnose hyponatremia (critically low sodium levels).
A Westchester county jury found the doctor who treated her at the community hospital, Binda Batheja, fully liable for not appreciating the significance of Mrs. Schaffer’s condition. The condition is easily treatable and reversible. The jury awarded $5 million for Mrs. Schaffer’s pain and suffering and $3 million for her husband’s loss of services.
The defense appealed the decision (Schaffer v. Batheja), claiming that it was excessive. The Defendant requested that the appellate court either completely set aside the verdict or at least drastically reduced the sums awarded.
Damages for Pain & Suffering
In order to be awarded damages for pain and suffering, the injured person must demonstrate “some level of awareness of his / her condition and pain level. Claims based upon conjecture, surmise or speculation regarding the person’s ability to appreciate pain will be dismissed by the Court. This standard was set forth by the New York Court of Appeals in McDougald v. Garber (1989).
In Schaffer, the plaintiff attorneys argued that Mrs. Schaffer definitely had some level of awareness of her pain and suffering. The attorney presented medical testimony that Mrs. Schaffers movements in response to outside stimuli demonstrated some level of awareness of her condition.
The defense for Batheja (who died before Mrs. Schaffer and was never disposed in the lawsuit), argued that there was not enough proof that Mrs. Schaffer had any level of awareness. They contended that Mrs. Schaffer’s movements were purely reflexive. In addition, the medical records showed that Mrs. Schaffer was comatose at all times with no ability to communicate or consciously express her pain.
The jury did not believe the defendant’s arguments and awarded Mrs. Schaffer’s estate $5 million dollars for the almost five years of her pain and suffering. The Appellate Division reduced the jury’s award to $2.5 million. Despite the reduction in the jury’s award, the Appellate Division determined that the medical proof submitted in support of Mrs. Schaffer’s claim was sufficient to prove that she was, at times, able to appreciate her pain.
This decision remains a small victory for the many individuals who remain or have been in an vegetative state or coma to seek recovery for their years of suffering. It is important for any person or family member who is interested in pursuing such a claim on behalf of the injured party to document instances of awareness, such as eye movements, crying or tearing, grabbing of hands or other purposeful movements.
Read more about the Schaffer v. Batheja case and outcome on the New York Case Injury Blog website.
Jeff Korek Selected to the 2011 Best Lawyers in America®
Gersowitz Libo & Korek, P.C. is proud to announce that Jeff S. Korek, a partner of the personal injury and medical malpractice firm, has been named to the 2011 edition of Best Lawyers ®, the oldest and most respected peer-review publication in the legal profession.
This is the sixth consecutive year that Korek has been recognized as a Best Lawyer.Korek is a graduate of Hofstra University School of Law, and was admitted to the State bars of New York and New Jersey in 1986. He is the Past-President of both the New York State Trial Lawyers Association and The American Board of Trial Advocates- New York City Chapter.
First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey.For the new U.S. edition, more than 50% of the lawyers listed in Best Lawyers cast more than 3.1 million votes on the legal abilities of other lawyers in the same and related specialties.
Because of the rigorous and transparent methodology used by Best lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best lawyers in considered a singular honor. Corporate Counsel Magazine has called Best Lawyers and the most respected referral list of attorneys in practice.
Steven Naifeh, President of Best Lawyers, says, We continue to believe- as we have believed for 28 years- the recognition by one peers is the most meaningful form of recognition in the legal profession.
(Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.)