Eric Brown v. Turner Construction Co., New York City School Construction Authority, et al.

Eric Brown v. Turner Construction Co., New York City School Construction Authority, et al.

MULTIPLE FRACTURES, IMPOTENCE, ANKLE FUSION

ironworker

NY

This action settled following mediation for a $2,450,000 structured settlement plus the waiver of a Workers’ Compensation lien of approximately $300,000.

$2,450,000.00

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