$6,000,000 Settlement

If the time ever comes that we need help from an emergency medical service provider, we have a right to expect that whoever is dispatched to the scene performs their duty in a way that will give us the best chance to minimize or avoid a permanent injury. Our client was in his early 50s and had suffered an apparent seizure while at work in New York City. His coworkers called 911 and paramedics were dispatched to assist. Upon their arrival, and within a short period thereafter, our client went into respiratory and asystole cardiac arrest (flatline). He was revived on-scene and transported to the hospital, but he never regained consciousness and died three weeks later.

We believed that the paramedics’ actions exacerbated our client’s condition and caused his respiratory and cardiac arrest. The defendant mounted a strong defense, arguing that our client had an undiagnosed heart condition that caused his cardiac arrest and subsequent death. Numerous depositions were conducted and world-leading experts were retained on both sides. The defense moved to dismiss the case, but the Supreme Court found that triable issues of fact remained and the case continued towards a jury trial. An appeal was filed by the defense attorneys, however, the Appellate Division affirmed the Supreme Court’s decision. With a trial date just a few weeks away, and after more than 15 motions in limine were filed with the Court, the parties re-entered settlement discussions. It took a herculean effort on behalf of our firm to prepare for what would have been a six-week trial, but after three mediations and the persistence of a highly regarded mediator, the parties reached an amicable settlement.