Eric Brown v. Turner Construction Co., New York City School Construction Authority, et al.
Type of Injury
MULTIPLE FRACTURES, IMPOTENCE, ANKLE FUSION
This action settled following mediation for a $2,450,000 structured settlement plus the waiver of a Workers’ Compensation lien of approximately $300,000.
XVI/10-40A LABOR LAW IRONWORKER FALLS FROM BEAM MULTIPLE FRACTURES, IMPOTENCE, ANKLE FUSION SETTLEMENT AFTER MEDIATION
Eric Brown v. Turner Construction Co., New York City School Construction Authority, et al. 113178/93 Date of Settlement 7/17/98 Mediator: Judge Michael J. Dontzin
Pltf. Atty: Jeffrey M. Rich of Rich & Rich, Manhattan
This action settled following mediation for a $2,450,000 structured settlement plus the waiver of a Workers’ Compensation lien of approximately $300,000. On 5/3/93, Pltf., a 34-year-old ironworker, fell 20 feet from a structural steel beam onto a concrete slab during the construction of P.S. 4 in Manhattan. Partial summary judgment was granted in February 1997 under Labor Law ?240(1).
Injuries: fractures of the pelvis, right ankle, and left (nondominant) thumb; collapsed lung with pleural effusion; ruptured bladder requiring catheterization; transected urethra, rendering Pltf. organically impotent and requiring the use of an inflatable penile prosthesis. After the accident, Pltf. was in the intensive care unit for 18 days on a respirator, nasogastric feeding tube, and Foley catheter. He was hospitalized for 1 month, and has since undergone six hospitalizations for repair of his bladder and urethra. At the time of settlement, he was planning to undergo a right ankle arthrodesis. Defts. argued that Pltf.’s fractures did not require open reduction or internal fixation, and had resolved. They also contended that his penile prosthesis functions properly.
Note: As part of the settlement, Defts. agreed to pay for future ankle fusion surgery. Structured settlement details: The settlement has a guaranteed payout of $3,521,534 with $1,450,000 cash up front and $1,000, 000 structured.
Pltf. Experts: Pltf. would have called Dr. George Owens, urologist, White Plains; Dr. Ridwan Shabsigh, urologist, Manhattan; Dr. Jerry Lubliner, orth. surg., Manhattan; Edmund Provder, vocational rehabilitation, Occupational Assessment Services, Manhattan; Irwin Stricker, economist, Merrick.
Deft. Expert: Deft. would have called Dr. Mark Stein, urologist, Bronx