Our Accomplishments
Our Verdicts and Settlements:
At the New York personal injury firm of DE CARO & KAPLEN, LLP, our attorneys have a long record of success in obtaining compensation for victims of brain injury and other personal injury caused by negligence and medical malpratice.
What sets us apart from most other personal injury law firms is our passion and commitment to representing victims of brain trauma.
Because brain injury can result from a variety of causes, we have successfully handed cases of brain damage and wrongful death caused by car accidents, bus, train and truck accidents, construction site accidents, medical malpractice, hospital malpractice, falls, landlord negligence, truck accidents and train accidents.Whether the injury is traumatic brain damage or other physical injury, we fight hard to achieve results, because we know the difference that our success can mean for our clients and their families.
We believe in being prepared
The New York personal injury law firm of DE CARO & KAPLEN, LLP has the resources and experience to represent your loved one and yourself in cases of traumatic brain damage, serious personal injury, medical malpractice, nursing home malpractice or wrongful death.
We are proud that we have been able to obtain favorable verdicts and settlements in cases of brain injury, construction site accidents, medical malpractice,nursing home abuse, car accidents, bus accidents, truck accidents and other acts of negligence causing personal injury and wrongful death.
We have recovered large multi-million personal injury settlement and verdicts in cases of brain injury, construction site accidents, medical malpractice, and vehicular accidents and wrongful death. When necessary we will settle and when it is better to try the case, unlike other New York personal injury law firms, we will go to court and go to trial. We ready ourselves for court from the first moment we are retained, building a sophisticated case and argument. Our trial experience, skills and strategies give our clients the best possible chance to recover the justice they deserve.
Our law firm has recovered multi-million dollar personal injury verdicts and settlements under New York accident law and New York medical malpractice law. Whether your brain injury was caused by a bus, car or truck or because of medical malpractice or construction site negligence, our team of skilled, personal injury lawyers will always puts all of our resources and energy into fighting each and every case for our clients. And, whether traumatic brain injury or other personal injury we always seek maximum recovery allowable under New York personal injury law and New York malpractice law.
Michael Kaplen receives the 2011 Public Policy Award at the Brain Injury Association of New York State 2011 Awards Ceremony for his advocacy on behalf of victims of traumatic brain injury. On the right is Mary Hibbard, PhD, the recipient of the Champion of Hope Award
We are uniquely qualified to represent your family member or yourself
We are honored and proud to have credentials and experience that cannot be found in other law firms. Both Michael Kaplen and Shana De Caro have over 30 years of experience representing victims of medical malpractice causing brain and other injuries. They have successfully represented victims of nursing home abuse, surgical errors, anesthesia errors, birth trauma and improper emergency room diagnosis and treatment. Both Michael Kaplen and Shana De Caro have served as members of the New York State Medical Malpractice Mediation Panels created by the State of New York to examine medical malpractice claims. They are both Officers of the American Association for Justice Traumatic Brain Injury Litigation Group and Officers of the American Academy of Brain Injury Attorneys. They both serve as members of the American Association for Justice Interstate Trucking Litigation Group, Nursing Home Litigation Group, Birth Trauma Litigation Group and Medical Negligence Litigation Group.
Both Michael Kaplen and Shana De Caro are graduates of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord and are the co-authors of Traumatic Brain Injury Defining Best Practices, Current Issues in NeuroLaw in Psychiatric Clinics of North America, December 2010. They co-author the column on traumatic brain injury for the New York Law Journal and have lectured at the ground rounds in emergency department medical malpractice at Mt. Sinai Medical Center, New York.
Here is just a sample of the brain injury and other personal injury cases that we have handled:
Hypoxic Brain Damage As a Result of Anesthesia Errors—Sixteen Million ($16,000,000) Dollar life time payments
A college student was undergoing jaw surgery to reconstruct his jaw. While under anesthesia he was not properly monitored resulting in a lack of oxygen to his brain. This resulted in anoxic brain injury causing severe damage to his brain. He now requires constant supervision and assistance. Even though the hospital record’s did not show that any errors were committed in the operating room, the New York medical malpractice lawyers at De Caro & Kaplen, LLP were able to show by recreating the surgery that the injuries had to be sustained in the operating room because of improper anesthesia monitoring. We were able to obtain a settlement just prior to trial that will provide complete funding of all the care he needs as well as housing and other types of assistance for the remainder of his life.
Fractured Skull and other Brain Trauma to 8 year old car passenger—Ten Million ($10,000,000) Dollar life time payments.
Our eight year old client was a passenger in his mom’s car. After her vehicle broke down in the middle lane of the highway, her car was struck in the rear by a van driver that was not paying attention and failed to stop in time. This young boy was taken from the scene to a local hospital where a CT scan showed that he sustained a skull fracture. He was released from the hospital several days later. When he returned to school, his teachers noticed changes in his behavior and personality. Neuropsychological assessments from pediatric neuropsychologists found that he was suffering from the effects of the brain trauma that he received. They also said that these brain injuries will affect his school performance and future employment prospects. We sent this young man for a PET scan and were able to convince the insurance companies of the permanency of his traumatic brain injury Our New York car accident lawyers were able to secure a settlement that will provide him with a lifetime of income to make up for the consequences of this brain injuries.
Brain Injury: Truck Rams Into Side of Car: Nine Million Six Hundred Fifty Thousand ($9,650,000) Dollars of present and future benefits achieved during trial.
Our client was in the process of making a turn, when an impatient truck driver coming from behind, passed over a double yellow line to pass him. The truck slammed into the side of our client’s car causing him to sustain severe brain damage. Our truck accident lawyers were able to show the illegal conduct on the part of the truck driver and the lifelong consequences of the brain trauma to our client and his family.
Electrocution Injuries to Construction Worker—Four Million Nine Hundred Thousand ($4,900,000) Dollar settlement before trial
The family of a construction worker who was electrocuted and then passed away from the burn and brain injuries he received, sued the State of New York and a construction contractor when a crane backed into an overhead power line. The current traveled through the crane and into this construction worker’s body who was stabilizing a load being transported by this piece of construction equipment.
Although the State’s contractor and the State of New York argued that they did nothing wrong, our New York construction accident lawyers were able to show that the operation of the crane and the management of the construction project were contrary to Federal OSHA regulations and New York State safety regulations. We were able to obtain a settlement which will provide lifelong income for his wife and minor children.
Obstetrical Malpractice Causes Death to Mother Following Child Birth at City Hospital—Three Million Nine Hundred Thousand ($3,900,000) Dollar Jury Verdict
After two weeks of trial against the Heath and Hospital Corporation, a jury returned a verdict in this medical malpractice case for Three Million Seven Hundred Thousand Dollars for the wrongful death of a mother who bled uncontrollably following child birth. Our New York malpractice lawyers were able to prove that life saving drugs that would have controlled her bleeding were improperly withheld from her.
Mild Traumatic Brain Injury to Woman Struck by Car Passing Stop Sign—Three Million Six Hundred Fifty Thousand ($3,500,000) Dollar Life Time Benefits.
We were able to prove that our client sustained life altering mild traumatic brain injuries as a result of the concussion she received in a car accident. To prove the dramatic and permanent changes to our client’s brain, the brain injury lawyers at De Caro & Kaplen, LLP retained experts to perform PET scans and other brain imaging tests.
Traumatic Epilepsy to Students Injured In School Van Rollover– Three Million Seven Hundred Thousand ($3,700,000) Dollar settlement at trial.
A school van transporting children back from a summer camp trip, rolled over and crashed into the side of the highway when the bus driver fell asleep behind the wheel. Several of the children were ejected from the van. Although none of the students developed any seizures following the accident, close questioning of their parents revealed that at times they would just stare off into space. We recommended that they be examined by a pediatric neurologist. EEG studies were taken that showed abnormal brain wave activity. All three students after receiving proper therapy are back in school, doing well and are seizure free. The New York bus accident lawyers at De Caro & Kaplen, LLP were able to obtain a settlement for pain and suffering and future medical monitoring costs for these young students.
Brain damage to Newborn—Two Million Six Hundred Thousand Dollar ($2,600,000) settlement.
A newborn child sustained brain injury when his mother’s care was compromised by the failure of her obstetrician to diagnose her toxemia of pregnancy. The medical malpractice caused her medical condition to deteriorate depriving the new born of necessary oxygen while in her uterus resulting in brain damage. The New York medical malpractice attorneys at De Caro & Kaplen were able to show that the birth injury to this newborn was preventable and would not have occurred if proper obstetrical care was provided to the infant’s mother.
Construction Worker Falls From Ladder—Two Million Three Hundred Thousand ($2,300,000) Dollar Settlement during trial.
A construction worker was not supplied with a safe ladder causing him to lose his balance and fall to the ground. He sustained multiple fractures as a result of this fall. Our New York construction accident lawyers successfully proved that he ladder he was supplied with was improper for the job that he was performing and that this ladder was improperly secured while he was standing on it.
Pregnancy Discrimination to Correction Officers—Two Million Two Hundred Thousand ($2,200,000) Dollar Settlement.
When pregnant New York City correction officers encountered on the job discrimination because of their medical condition, we brought a law suit charging employment discrimination in federal court. We were able to obtain documents from the City of New York to show intentional discrimination again pregnant workers leading to this settlement.
Wrongful Death Caused by Medical Malpractice: Failure To Treat Pre Eclampsia—Two Million Dollar ($2,000,000) Settlement.
The New York medical malpractice lawyers at De Caro & Kaplen, LLP were able to show that an obstetrician’s failure to diagnose that our client was suffering from pre elampsia, a condition where pregnant mothers have abnormal blood pressure and high quantities of sugar in their urine was due to medical error. The doctor’s medical mistake led to this condition becoming out of control causing our client to become comatose and die shortly thereafter. Our lawyers were able to show that careful examination would have led the obstetrician to the correct diagnosis and proper treatment.
Brain Trauma Causes Parkinson’s Disease : Two Million ($2,000,000) Dollar Jury Verdict.
In a precedent setting case, our New York brain injury lawyers were able to prove to a jury that the Parkinson’s Disease suffered by a 36 year old woman was brought on by the collision between the taxi she was riding in and a New York City Transit bus that cut them off. Even though our client was discharged from the emergency room following this accident with a diagnosis of minor trauma, we were able to explain to a jury how the head injuries she sustained were the precipitating cause of Parkinson’s disease which developed several years after the car and bus collision took place.
Brain Injury Caused by Truck Brake Failure—One Nine Hundred Thousand ($1,900,000) Dollar Settlement during trial
When a truck’s brakes failed causing it to cross over the center line of a roadway and strike our client’s car head on, we were able to prove in Court that the brain injuries he received in this accident were significant. Our New York brain injury lawyers were able to show a jury that the brain trauma he received was still causing him cognitive dysfunction even though he looked perfectly normal, acted perfectly normal and returned to work full time.
Brain Damage Following Medical Negligence: Improperly Treated Infection After Child Birth– One Million Eight Hundred Thousand ($1,800,000) Dollar settlement just prior to jury selection.
After giving birth without complication, this 35 year old began to experience severe cramps and bleeding because a piece of placental tissue was improperly left inside her uterus by the obstetrician who was caring for her. The tissue became infected and the infection spread to her brain. As a result of the infection in her brain, she developed cognitive impairments which prevented her from returning to work as a nurse. Our New York malpractice lawyers were able to obtain a settlement to replace her income for her lifetime and also provide her with compensation for her pain and suffering.
Medical Malpractice Causing Death to Mother Improperly Treated in Emergency Room—One Million Seven Hundred Thousand ($1,700,000) Dollar settlement.
A young mother with severe diarrhea was improperly released from an emergency room and not treated for her dehydration. This medical malpractice caused her to go into fatal cardiac arrest. After her husband contacted our office, we worked with medical malpractice lawyers in her home State of Connecticut to obtain a just result for her family.
Epilepsy and Seizures Caused by Improper Medical Care at City Hospital results in One Million Five Hundred Thousand ($1,500,000) TDollar settlement during medical malpractice trial.
As a result of the improper treatment of a sinus infection, a brain abscess developed in a teenage boy. Neurosurgery has to be performed to remove the abscess from the brain. As a result of this medical malpractice, our client developed frontal lobe seizures requiring epilepsy medication for control. Although the city hospital and doctors claimed they did nothing wrong and the infection could spread even with proper care, we were able to show a jury that this was not so. Our New York medical malpractice lawyers obtained a settlement intended to compensate him for his pain and suffering.
Concussion and Leg Injury to Construction Worker—One Million Five Hundred Thousand ($1,500,000) Dollar settlement during trial
A 34 year old bridge painter was not provided with a proper safety harness and fell from a temporary work platform that lacked proper fall safeguards. As a result of his fall, this construction worker suffered a concussion and a fracture to his ankle. He additionally suffered from psychological trauma as a result of his fall. While the construction company argued that the accident was the fault of the worker, our New York construction accident lawyers were able to show that had they provided him with a safe and secure work site, the construction accident would not have happened.
Bus Strikes Car Causing Back Injury—One Million Three Hundred Ninety Thousand ($1,390,000) Dollar Settlement during trial.
A casino bus made an improper turn while traveling on the highway and crashed into our client’s car. She has a prior back condition known as spondylolisthesis which was not causing her any difficulties before this accident happened. Following this bus accident her back condition became exacerbated requiring her to undergo back surgery. Our New York bus accident lawyers were able to prove that the bus accident was not her fault and the deteriorated condition of her back was caused by the bus collision.
Burn Injuries Caused by Flammable Nightgown: One Million ($1,000,000) Dollar Settlement
When a nightgown caught fire and caused severe burns to our client, we were able to show that the cause of the blaze was the failure on the part of the garment’s manufacturer to flame retard it. We were able to show that the burn injuries received by our client could have been avoided if a proper and safe nightgown had been designed.
Legal Malpractice Causes Family To Lose Opportunity to Sue Hospital For Medical Malpractice: Nine Hundred Thousand ($900,000) Dollar Settlement
A 50 year old female went to the emergency room complaining of severe back pain and urinary difficulties. The doctors who examined her in the emergency room failed to appreciate that her symptoms were a result of a severe herniated disc causing nerve damage. Several days later she had to undergo emergency surgery but by that time, permanent nerve damage resulted. When she went to see an attorney, that individual failed to provide her with proper advice and allowed the statute of limitations to expire on her case. Since it was now to late to sue the hospital and doctors, our New York legal malpractice lawyers brought a lawsuit against her former attorneys for their legal malpractice and legal neglect of her case.
Mild Traumatic Brain Injury to Passenger in Taxi Cab struck by Police Car—Eight Hundred Thousand ($800,000) Dollar Jury Verdict.
A college student was a passenger in the rear of a taxi cab that was struck by a police car that passed through a red light. The student, sustained minor bruises at the scene. When she tried to return to school she found that her memory was impaired and she was not very sensitive to bright lights and loud noises. She had to undergo years of brain injury rehabilitation. Our car accident lawyers were able to find the eye witnesses to prove that the police car ran the red light as well as other witnesses to describe to a jury how our client’s life was changed by her brain injury.
Post Concussion Syndrome to Car Driver When Other Vehicle Ran Stop Sign– Four Hundred Thousand ($400,000) Dollar jury verdict.
A 35 year old female was struck by another vehicle that ran disregarded a stop sign. Our client did not receive any medical care at the scene of the crash. Several days later she began to experience symptoms of memory loss, dizziness and sleep disturbance. She was assessed by a neuropsychologist who determined that she was suffering from the post concussion syndrome as a result of a closed head brain injury. After several months of brain injury rehabilitation, she returned to work full time. Although she continues to work full time, her job performance has suffered as a result of some continuing difficulties as a result of her head injury. Our car accident lawyers were able to show the jury that the accident was not her fault and that she suffered serious consequences as a result of her closed head brain injury.
Brain injury lawyers on your side
Our years of experience and our reputation in representing victims of brain injury often allows us to achieve settlements on behalf of our clients without having to go to trial or in some cases, to achieve a settlement during trial.
We believe that the way to obtain the best result of our clients is to assume that your case will go to trial and therefore we are prepared to retain the most qualified experts on your behalf. When the brain injury attorneys at De Caro & Kaplen, LLP are on your side, the insurance company knows that your attorneys know and understand how to prove your brain injury in Court and obtain the compensation that you are entitled to.
No Fee Unless We Are Successful
We work on a contingency fee basis which means that we only charge a legal fee if we are successful in either obtaining a settlement or verdict on your behalf. If we do not obtain a financial award for you, then you do not owe us any legal fees.
We also offer you a free, no obligation consultation. Contact us to arrange an appointment. You can telephone us toll free at 1 866 BRAIN LAW
Important reminder
Every case is unique and results will vary based on the facts of an individual case. No case results can be guaranteed and we cannot predict a similar result in a future case .
These materials are presented for informational purposes only and are not intended, nor do they constitute, legal advice. Review of these materials does not create an attorney-client relationship between you and De Caro & Kaplen, LLP. Since the unique facts of each case are different, you should not act or rely upon the information contained herein without professional advice and counsel.
