Barry Eichen’s Notable Verdicts & Settlements
View Mr. Eichen’s presentations on the opioid crisis:
$3,750,000,000 National Settlement Fen-Phen Diet Injuries awarded
In September 1997, Fen Phen was withdrawn from the market. The combination of fenfluramine and dexfenfluramine was leading to heart valve injuries that were affecting a high percentage of Fen Phen takers. American Home Products, the drug’s manufacturer, was accused of withholding information that would have warned Fen Phen users of the risks involved so they could continue to sell the popular diet drug. The FDA issued thousands of warning letters informing patients and doctors of possible valvular heart disease in July of 1997, and in September 1997 is when the FDA requested a voluntary withdrawal of Fen Phen by the drug company. Following the initial medical warning reports that linked Fen Phen to serious forms of valvular heart disease, various class actions were filed against American Home Products. After Fen Phen was withdrawn from the market, a nationwide settlement began negotiations. As of January 11, 2002 the Fen Phen Settlement became final. Barry Eichen, Esq. of Eichen Crutchlow Zaslow, LLP sat on the New Jersey Fen-Phen Steering Committee which assisted in the National Settlement for $3.75 billion.
$51,000,000 Verdict Against a Pharmaceutical Company for Price Manipulation
These cases involved an allegation against several drug manufacturers for over charging Pennsylvania Medicare and Medicaid recipients. Under contract these drug consumers, in order to be eligible for reimbursement, were required to sign a contract mandating the drug companies to provide the Commonwealth of PA with the lowest prices available.
Plaintiff counsel, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, was retained by co-counsel, Don Haviland as well as the Commonwealth of PA, due to his trial experience. After two consecutive 3-month trials, Plaintiffs were able to prove that several of these drug companies had in fact, failed to comply with the terms of their contract to provide the lowest prices available. Plaintiff counsel, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, was in trial for a total of 6 months before obtaining a $51 million verdict as well as a $27 million verdict against two of the drug companies.
$41,500,000 Settlement in Zetia and Vytorin Ineffectiveness Cases
Zetia and Vytorin class action suits were filed in several different states on behalf of patients and medical insurers who paid for the drug which apparently had no positive medical benefits. The lawsuits alleged that the drug makers pursued profits, without concern for whether the drug would have an impact on the health of users. The Zetia and Vytorin class action suits sought reimbursement for the cost of the prescription or for the difference between the cost of the prescription and what the generic would have cost. Barry Eichen, Esq. of Eichen Crutchlow Zaslow, LLP sat on the Vytorin Steering Committee which assisted in the settlement of these cases for $41.5 million.
See NY Times Article: Schering and Merck Are Settling Vytorin Suits
$30,000,000 from OSRAM Sylvania, Inc to resolve claims arising from alleged consumer fraud violations.
EDISON, NJ – JULY 9, 2015 – Eichen Crutchlow Zaslow attorneys Barry Eichen and Evan Rosenberg proudly announce that OSRAM Sylvania, Inc. has agreed to pay $30,000,000 to resolve claims arising from alleged consumer fraud violations. Eichen Crutchlow Zaslow initiated the case and represents the lead plaintiff in Chaudhri v. Osram Sylvania, Inc. et al., No. 2:11-cv-05504 filed in the District Court of New Jersey. District Court Judge Madeline Cox Arleo presided over the settlement. At the Fairness Hearing, Judge Arleo Cox had high praise for plaintiffs’ attorneys saying, “it reaffirms my view that New Jersey lawyers are as good as any lawyers in the country, and the way they have handled this case professionally…satisfies me that they are the best at what they do.”
The settlement stems from plaintiffs’ claims that OSRAM Sylvania misrepresented and/or omitted important facts regarding performance characteristics of Silverstar automotive light bulbs. Eichen Crutchlow Zaslow filed Plaintiffs action in 2011. They fended off multiple attempts by defendants to dispose of the case in the District Court of New Jersey before reaching a settlement last year. The parties reached this settlement following extensive discovery and just prior to the beginning of pre-trial substantive motion practice.
Plaintiffs’ settlement represents a substantial portion of the purchase price and puts real money back in the hands of people who purchased these products. As Judge Cox Arleo stated, “that is a great settlement, one of the better ones I’ve ever seen.” “This settlement will provide significant compensation to those harmed,” said Eichen Crutchlow Zaslow managing partner Barry Eichen, “our team, which included associate Evan Rosenberg, of counsel Tom Paciorkowski and co-counsel law firm Keefe Bartels, worked around the clock and spent many late nights and weekends away from family and friends to protect the rights of our class members and effectuate a great result.”
Click here to read more.
$27,000,000 Verdict Against a Pharmaceutical Company for Price Manipulation
These cases involved an allegation against several drug manufacturers for over charging Pennsylvania Medicare and Medicaid recipients. Under contract these drug consumers, in order to be eligible for reimbursement, were required to sign a contract mandating the drug companies to provide the Commonwealth of PA with the lowest prices available.
Plaintiff counsel, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, was retained by co-counsel, Don Haviland as well as the Commonwealth of PA, due to his trial experience. After two consecutive 3-month trials, Plaintiffs were able to prove that several of these drug companies had in fact, failed to comply with the terms of their contract to provide the lowest prices available. Plaintiff counsel, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP was in trial for a total of 6 months before obtaining a $51 million verdict as well as a $27 million verdict against two of the drug companies.
$19,200,000 Awarded to Widow of New Jersey Transit Worker Who Died of Job-Related Lung Disease
HOME NEWS TRIBUNE
MIDDLESEX COUNTY: The wife of an New Jersey Transit employee who died in 2002 of a job-related lung disease was awarded $19.2 million yesterday by a Superior Court jury in New Brunswick.
Catherine Fuccilli of Freehold, the widow of Roger Fuccilli, will receive the compensation from New Jersey Transit, Central Railroad of New Jersey and Consolidated Rail Inc., according to Barry R. Eichen of the Edison law firm of Eichen Crutchlow Zaslow, LLP.
Roger Fuccilli was a railroad car repairman for New Jersey Transit for 18 years. Before that, he was employed by Central Railroad of New Jersey for about 18 months.
In the course of his duties, his attorneys said, he engaged in welding, sanding, painting and repairing brakes using asbestos and silica products in addition to breathing metal dust and welding fumes exposing him to materials that caused him to be diagnosed with pulmonary fibrosis in June 2000.
Roger Fuccilli, the father of four grown children including a 23-year-old son who is autistic, died in 2002 of pulmonary fibrosis, which has a strangulation effect.
During the last two years of his life, Roger Fuccilli had to be put on an oxygen supply and during his last six months he was in the hospital on a respirator, Eichen said.
The award followed a five-week trial in the courtroom of Ann McCormick and seven and a half hours of deliberations that started on Tuesday.
The jury, the attorneys said, awarded $4.1 million for the pain and suffering Roger Fuccilli endured before he died and another $15.1 million for his wrongful death.
The panel found New Jersey Transit responsible for 50 percent of the award, Central Railroad of New Jersey for 7 percent and Roger Fuccilli for 8 percent.
The jury found Consolidated Rail Inc. was 35 percent responsible, however, that company settled for an undisclosed amount before the trial, and will compensate Catherine Fuccilli based on that confidential settlement, according to Eichen.
The attorneys for New Jersey Transit and Central Railroad of New Jersey were not available for comment.
$10,600,000 Awarded to Woman Injured in Ford Explorer Rollover
MIDDLESEX COUNTY: A Toms River woman who suffered a paralyzed right arm after her Ford Explorer rolled over was awarded a total of $10,668,799.89 in damages by a Superior Court jury in New Brunswick. Rebekah Zakrocki-Parks, 28, was injured in the morning of November 10, 2000, when the throttle on her 1997 Ford Explorer became stuck while she was on her way to work on the Garden State Parkway. When the gas pedal became unstuck, the vehicle surged forward and rolled over, causing her arm to become crushed and partially amputated when it was ejected through the sunroof during the rollover.
This case was tried by Barry Eichen of Eichen Crutchlow Zaslow, LLP in Edison. They claimed that there was a design defect in the throttle of the 1997 Ford Explorer that allowed sludging to accumulate on the throttle plate inside the throttle, which would cause the plate to stick closed while the vehicle was being driven. They sued Ford Motor Company and Freehold Ford, alleging that the automaker and its dealer knew from prior customer complaints that drivers were experiencing surging related to the throttles as early as 1996, and that accidents were occurring when drivers applied extra pressure to their gas pedals to overcome the accumulation of sludging, and that the throttle defect posed an even more significant danger in the Ford Explorer, because SUVs, which have a higher center of gravity than most passenger vehicles, are more prone to rollover in emergency situations.
After the accident, Rebekah was hospitalized at Jersey Shore Medical Center where reconstructive surgery was performed on her arm. In total, over 20 surgeries were performed on her arm and shoulder in order to reattach her arm.
The jury deliberated for two days following a four-week trial in the courtroom of Superior Court Judge Jamie Happas before announcing its verdict. Click here to read more about the case.
$9,600,000 Settlement on Obstetrical Malpractice Concerning a Monochorionic Pregnancy
Attorneys William Crutchlow and Barry Eichen obtained a $9,600,000 settlement on Obstetrical Malpractice concerning a monochorionic pregnancy in which the demise of twin B and a delay in the delivery of twin A resulted in severe brain damage to the surviving twin.
$9,300,000 Award for Diving Injuries in Mexico
THE NEW JERSEY LAW JOURNAL
SUITS & DEALS – March 1998
Marazo v. Hotel Oasis Cancun: A federal judge awarded a Somerville man $9.375 million on March 11 for injuries that left him paralyzed after diving into a hotel’s pool in Cancun, according to the Judge’s chambers.
U.S. District Chief Judge Anne Thompson in Trenton entered a default judgment ordering Hotel Oasis Cancun and its parent company, Hotel Oasis International, to pay Richard Marazo $9.375 million. Thompson found damages in the amount of $12.5 million, but decreased the award by 25 percent because Marazo also was negligent. “Considering that this is a hotel, we’re very hopeful that we’ll be able to collect the award,” says Jeffrey Nichols, a partner with Manhattan’s Brightner & Hoffman, who represents Marazo.
Marazo, who is 28, was vacationing in Mexico in April 1994 when the accident occurred. Marazo dove into the hotel’s pool and struck his head on the concrete bottom. When he surfaced, he swam to the in-pool bar for help. The pool’s bartender, who was not identified in the suit, saw Marazo was bleeding and pushed him away. Nichols says the bartender’s actions contributed to his client’s paralysis.
Marazo, who was a state corrections officer in Middlesex County before the injury, has undergone surgery and rehabilitation but will not fully recover from injuries. Barry Eichen of Eichen & Cahn, served as Marazo’s local counsel.
The local counsel for the hotel, Lawrence Engrissei, an associate with Mount Laurel’s Thomas Dempster, did not return a telephone call last week. By: Matt Ackerman
Top 2018 Settlement by New Jersey Law Journal: $5,350,000 Recovery for Foreman Injured in Fall on the Jobsite
Ward v. Aurolife: A 60-year-old foreman of a Plumbing/HVAC company injured when he fell through a 6×6 square hole on a second-floor mezzanine has settled for $5,350,000.
On September 3, 2014, Plaintiff was working at Aurolife Pharma, USA in Dayton, New Jersey, completing the installation of a fluid bed process room and dryer. As he was working on a second-floor mezzanine, he fell through an unguarded 6×6 square hole, landing on the concrete floor over twenty feet below.
Plaintiff suffered fractures including: his pelvis requiring a plate and screws, lumbar spine, ribs, and left foot. Plaintiff also suffered a traumatic brain injury. He also now walks with a permanent limp. The injuries render Plaintiff unable to return to his job as a construction foreman. As a result, Plaintiff claimed lost wages just short of a million dollars.
The defendant owner of the property and the general contractor both maintained the other was responsible for safety on the site, including providing protective measures around the hole. A third defendant performed a widening of the hole the day before the fall. They maintained they were not at fault due to the shortness of their involvement as well as maintaining they instructed the general contractor to cover the hole.
The three defendants argued that Plaintiff had a duty of safety himself. They also argued he was contributorily negligent in so much as he had been on the mezzanine at least ten times prior and was well aware of the unsafe condition of the unprotected hole.
Over thirty depositions were taken in this matter and the parties were ready to proceed to trial. However, the case was settled amongst all parties two weeks prior to the trial date.
Plaintiff counsel, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, was hired retained by Mr. Ward, and was assisted by Christopher Conrad. Barry Eichen was able to secure the settlement for his client, who was unable to return to work as a foreman, and who now suffers with a permanent limp.
$4,850,000 Settlement for Obstetrical Malpractice Resulting in Injuries During Birth
Barry Eichen of Eichen Crutchlow Zaslow, LLP, obtained a $4.85 million settlement on behalf of a 7-year-old who sustained mild Hypoxic Ischemic Encephalopathy as a result of Defendant obstetric doctor’s failure to recognize fetal distress on the fetal monitor while the infant’s mother was in labor. Defendant alleged that the fetal strips did not show fetal distress and even if they did, the doctor’s delay was not significant enough to cause the injury. This case was settled prior to trial by Attorney Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).
$3,500,000 Verdict for Motorcycle Accident against City of Newark
Barry Eichen of Eichen Crutchlow Zaslow, LLP together with co-counsel, Dean Maglione, secured a jury verdict of $3,500,000 against defendant, City of Newark, when plaintiff ran over a raised pothole resulting in a broken leg.
$3,500,000 Settlement for Medical Malpractice Kidney Infection Misdiagnosis
Plaintiff’s attorneys, Barry Eichen and Christian Mastondrea, of Eichen Crutchlow Zaslow, LLP, secured a settlement for $3,500,000 against defendant doctor for misdiagnosis of kidney infection which led to complications.
$3,500,000 Verdict for Undiagnosed Birth Defect Hirschprung’s disease
$3.5M for Undiagnosed Birth Defect August 2001
THE NEW JERSEY LAW JOURNAL – SUITS & DEALS
Infant C.H. v. Unnamed Pediatrician: A Morris County Judge on Aug. 2 approved a $3.5 million settlement to a Flanders couple whose son was left with neurological damage due to alleged negligence of a pediatrician shortly after his birth.
Infant plaintiff, C.H. was born to Doris and Jason Holloman on Aug. 2, 1994, at Morristown Memorial Hospital and discharged as a well baby on Aug. 6. But the plaintiffs’ lawyer says the child suffered from Hirschprung’s disease, a lack of nerve cells in a portion of the bowel resulting in obstructed bowel movements.
The infant’s failure to pass a stool within his first 24 hours, and at most, his first 48 hours, required the pediatrician to test for Hirschprung’s disease but she did not do so.
Following his discharge, the child suffered from abdominal distension, failure to thrive, failure to stool and fever. Plaintiff’s mother then called the pediatrician about these symptoms four times over the next several days, but the doctor never recommended that the baby be returned to the hospital, according to the Plaintiff’s lawyer, a partner in Eichen Crutchlow Zaslow, LLP in Edison.
On Aug. 11, C.H. was brought back to the hospital. He was in shock, septic and lethargic and he became hypoxic, resulting in a loss of oxygen to the brain that left him developmentally disabled. The child remained hospitalized for the next six and one-half months and had bypass surgery to attach the working portion of his colon to his rectum.
The delay in treatment led to Hirschprung’s acquired enterocolitis, a more toxic and damaging condition.
The child, now 7, is mildly learning disabled and is now in first grade after being held back one year in kindergarten. Though he is not under ongoing treatment, he will have recurring bowel problems.
The infant’s parents sued in 1997 on their own and their son’s behalf.
Dr. Harland Winter, an associate professor of pediatrics at Harvard Medical School, would have testified that the pediatrician deviated from accepted standards of care in discharging the child without testing for Hirschprung’s disease. A board-certified neurologist, John Greenberg, and a neuropsychologist, David Mahalick, would have testified that the child’s neurological disabilities will impair his cognitive, sensory, memory, visual and auditory functions. And a life-care-plan and vocational expert, Ed Provder, concluded that the boy will require care for the rest of his life and is unlikely to be able to support himself, though both parents are successful college grads.
The pediatrician was represented by E. Burke Giblin, a partner with Giblin & Combs in Morristown, who did not return a call requesting comment.
Morris County Superior Court Judge David Cramp approved the settlement, which will fund a special needs trust, on Aug. 2 following a friendly hearing.
Partner Barry Eichen was co-counsel on the case.
$3,000,000 Settlement for the Estate of Pedestrian Hit by Truck
The Estate of a 60-year-old woman who was struck and killed by a utility truck has settled with the defendants for $3,000,000.00.
On January 11, 2016, Plaintiff, a housekeeper at a hospital, was crossing the parking lot of a grocery store where she walked in front of an idling truck. The truck driver did not see the woman and proceeded to pull out of the parking spot. The truck struck the woman and dragged her a short distance before the driver became aware of the woman’s presence. She was pronounced dead on the scene.
Plaintiffs argued the truck driver failed to follow trucking industry standards, motor vehicle laws and other statutes. Plaintiffs maintained this negligence was the direct cause of the accident, the injuries, and resultant death. The defendant maintained the decedent was contributorily negligent in failing to appreciate that she was walking in front of an idling truck that could begin to move at any point.
A settlement agreement was reached amongst the parties on March 9, 2018, four weeks before the trial date.
Plaintiffs were represented by Barry R. Eichen of Eichen Crutchlow Zaslow, LLP.
$2,650,000 Settlement for Wrongful Death Truck Accident
Truck accident involving an interstate trucking company. Plaintiff’s attorney, Barry R. Eichen, Esq., alleged that negligent hiring of a truck driver who was under of narcotics while operating his tractor trailer, crossed the double yellow lines and struck plaintiff’s vehicle head-on, causing his death. The accident occurred in late 2005 and was settled in early 2006.
$2,300,000 Verdict for Fall Down an Interior Staircase
Attorney Barry Eichen obtained a jury award in Middlesex County of $2,300,000.00. Plaintiff suffered injuries as a result of a fall down an interior staircase.
$2,250,000 Settlement for Bus Accident
THE HOME NEWS TRIBUNE
A bus company agreed to pay more than $2 million to a Plainfield woman whose husband died for injuries he received when the bus’s roof was sheared off as it traveled underneath a railroad bridge, an attorney said. Coach USA settled the case yesterday for $2,250,000, said Barry Eichen of Eichen Crutchlow Zaslow, LLP who represented the plaintiff.
Henry Bresticker, 87, suffered a badly fractured skull, lapsed into a coma about 2 hours after the crash, underwent surgery at Robert Wood Johnson University Hospital in New Brunswick, and died at the hospital nine months later, said Eichen.
He said Bresticker and his wife, Lillian, 77, went to Atlantic City once a month, on average, and played golf three times a week.
On December 14, 1999, they took a trip to Atlantic City. A bus brought their group back to Middlesex Mall in South Plainfield, where a second bus then picked them up to bring them home.
But the bus driver deviated from his usual route, and around 8 p.m. on Clinton Avenue, near South Second Street in the city, he hit a railroad overpass that sheared off the top of the vehicle, said Eichen. The trial had been scheduled to start Monday in Middlesex County. The attorney for the bus company could not be reached for comment.
By Michelle Sahn
$2,000,000 Settlement for FELA/Toxic Exposure
Settlement with defendant railroad for exposure to materials which lead to mesothelioma. Barry R. Eichen was brought in as co-lead counsel to try this complex toxic exposure case. After completion of three years of litigation and one week prior to jury selection, the case resolved. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential.)
$1,875,000 Settlement for Slip & Fall at Chiropractor’s Office
This case involved a fall by a patient of a chiropractor’s office. This fall resulted in partial paralysis of one leg. Defense Attorney alleged that the Plaintiff had been treating with this chiropractor for years and therefore, knew or should have known about the defect in the parking lot which had been there for 10 years.
Plaintiff’s Attorney, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, alleged that Defendant, chiropractor, knew about this dangerous condition and neglected to make the appropriate repair. Plaintiff further alleged there had been prior complaints which had gone ignored. Plaintiff was able to obtain a $1,875,000 settlement approximately one week before the case was listed for trial.
$1,839,000 Settlement for Motor Vehicle Accident
Plaintiff was stopped in traffic when a State of New Jersey motor vehicle struck Plaintiff’s vehicle from behind. Plaintiff had prior neck and back injuries which were aggravated in this accident. Plaintiff’s lawyer, Barry R. Eichen, of Eichen Crutchlow Zaslow, LLP, argued that Plaintiff’s injuries were worsened and as a result, Plaintiff needed a surgery for her neck and back. Defendant stated these preexisting injuries were not aggravated and that the impact was not sufficient to aggravate Plaintiff’s preexisting injuries. This case settled prior to jury selection for $1,839,000.
$1,750,000 Verdict for Livery Vehicle Accident
Jury award of $1,750,000.00 obtained by Attorney Barry Eichen .
THE JERSEY JOURNAL
Jersey City man awarded $1.75 million in Route 1&9 crash on Christmas Eve 2008.
A Jersey City livery driver who was struck on an icy Route 1&9 in Newark and thrown off the elevated roadway on Christmas Eve 2008 was awarded $1.75 million by a jury in a civil trial in Essex County, his attorney said.
Cesar Tuscano, 44, was thrown 30 to 50 feet in the accident that hospitalized him for more than three weeks. He suffered numerous fractures had a metal rod inserted into his leg and has undergone two knee surgeries.
The jury deliberated three to four hours after the week-long trial that ended Sept. 11..
According to court testimony, Tuscano, who worked for a Hoboken car service, was driving southbound on Route 1&9 in the early hours of Dec. 24, 2008 when he came upon an overturned Super Shuttle bus blocking the road. . Tuscano got out of his vehicle to protect his passengers, but he was struck by another livery vehicle and vaulted over the bridge.
The jury found the driver of the car that struck Tuscano, owned by Hoboken First Class car service, was 70 percent responsible for Tuscano’s injuries and the Super Shuttle driver 20 percent responsible. The jury found Tuscano himself 10 percent responsible.
At trial, Eichen, a partner at Eichen, Crutchlow, Zaslow in Edison, argued that the shuttle bus driver was liable because had he controlled his vehicle, none of the subsequent events would have happened; and that the driver of the other livery vehicle was at fault for striking Tuscano.
“Cesar couldn’t be happier. It’s been almost four difficult years for him. There was a lot of uncertainty because it was going to a jury. … He could have ended up with nothing.”
Attorneys for Super Shuttle and Hoboken First Class made settlement offers that totaled $80,000, which were not difficult to reject. “(Tuscano) would have settled for a fair number, but we were so far apart..
In personal injury cases in New Jersey, it’s up to the jury to decide how much a victim is awarded, but “it’s a gamble.” He added that the jury award in this case was fair.
“It was an appropriate value for the case.” Tuscano has been unable to work since the accident. “It’s a substantial amount of money. It was a sound verdict by the jury.”
By Ron Zeitlinger
$1,700,000 Settlement for Pedestrian Hit by a Car on the Garden State Parkway
A passenger struck by a car on the Garden State Parkway after the limousine he was riding in spun out of control accepted $1.475 million from the limo’s insurer on July 25, 2003. Shore limousine of Manasquan picked up Plaintiff, an engineer from Toms River, at Newark Liberty International Airport on July 17, 2001. Once on the Garden State Parkway, the driver lost control of the limo and it came to rest against a center guardrail, partially encroaching on the fast lane. Doe tried to run across the highway but was struck by another car, breaking his legs and fracturing his shoulder, says his lawyer, Barry Eichen, of Eichen Crutchlow Zaslow, LLP in Edison. State Farm Insurance Company the carrier for Anthony Scarangella, the other car’s driver, tendered the full extent of his $100,000.00 policy. Shore Limousine’s insurer, Proformance Insurance Co., in Freehold, offered $1.375 million of a $1.5 million policy.
$1,480,000 Settlement for Medication Error Claim
NEW JERSEY LAW JOURNAL
SUITS & DEALS – JULY 25, 2014
Barboni v. Dengrove: A couple allegedly injured by medications prescribed by their psychiatrist settled their Ocean County, N.J., medical malpractice suit for about $1.48 million on June 30.
In the 1990s, John Barboni began receiving treatment—for panic attacks connected to a previous work injury he’d sustained as a maintenance mechanic—from Robert Dengrove, M.D., of Toms River, N.J., who later began treating John’s wife Diane as well, said the plaintiffs’ lawyer, Barry Eichen of Eichen Crutchlow Zaslow, LLP in Edison, N.J.
The Barbonis claimed that Dengrove overmedicated John, leading to periods of memory loss, and prescribed Diane Treximet to treat migraine headaches despite her high blood pressure, leading to a stroke. They alleged that Dengrove also allowed them to share medications, Eichen said.
Diane, 63, is wheelchair bound and has speech and cognitive issues, while John, 65, continues to have memory and cognitive issues, Eichen said.
Dengrove contended that there was no evidence linking Diane’s stroke to the Treximet, according to Eichen.
The parties settled on the day of trial, during voir dire, said Eichen, who was assisted by Christian Mastondrea, also of Eichen Crutchlow.
Dengrove was covered by Princeton Insurance, Eichen said.
– By David Gialanella
$1,300,000 Jury Verdict for Car Accident Related to Roadway Maintenance
NEW JERSEY LAW JOURNAL
SUITS & DEALS – March 29, 1990
Cerreto v. Cook, et al: A 35 year-old Edison supermarket worker will receive more than $1.3 million in a settlement of an automobile negligence case against the Standard Paper Co. of Somerset.
In January 1987, Giacomo Cerreto was driving on Route 9 in Howell Township when a Standard Paper truck driven by its employee, Stanley Cook, hit the back of Cerreto’s car, pushing it forward and into a garbage truck. Cerreto suffered compound fractures in both legs, which required attaching metal plates to the tibia bones. The plates caused the development of osteomyelitis, an infectious inflammatory bone disease. The disease, once contracted, can recur.
The March 20, settlement follows a ruling by Monmouth County Superior Court Judge James Kennedy granting summary judgment on the issue of liability. Cerreto will receive $260,000 in a lump sum and $850 a month for life under an annuity contract, with a 4 percent increase every year.
Barry Eichen, a solo practitioner in Edison, represented the plaintiff. Morristown’s Colquhoun & Colquhoun, attorneys for PMA Insurance Services, represented defendants.
$1,200,000 Settlement for Motor Vehicle Accident Involving Off Duty Police Officer
An off duty Plainfield police officer was stopped at a stop sign on First Avenue in Plainfield, New Jersey, when the driver of a tractor-trailer struck his vehicle. The defendant truck driver alleged he was only traveling 5 mph and that the impact was minimal. The plaintiff had prior neck and back injuries which were aggravated, necessitating a spine surgery. The case was handled by Barry R. Eichen of Eichen Crutchlow Zaslow, LLP and was settled for $1.2 million prior to trial.
$1,200,000 Settlement for Ski Accident in the Northeast
This case was litigated by attorney Barry R. Eichen. The allegations were against a ski resort in the Northeast for failing to adequately guard snow guns as well as failure to warn skiers of the potential hazards related to these obstructions in the ski area. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential.)
$1,050,000 Settlement for Medical Malpractice Stroke After Surgery Related to Coumadin Levels
Essex County: In this medical malpractice action, handled by Barry R. Eichen, Esq., the plaintiff, 52 at the time of the recovery, who had undergone surgery to replace a leaking mitral valve, contended that the defendant internist negligently failed to properly monitor the plaintiff’s Coumadin levels. The plaintiff as a result suffered a stroke approximately 3 months after the surgery. The plaintiff also named the cardiologist who performed the surgery and who saw the patient several times in the approximate four-month period between the surgery and the stroke. The plaintiff had contended that the cardiologist should also be liable for the failure to properly monitor the Coumadin levels and there was no contention that the valve replacement surgery was performed in a negligent manner.
The surgery was performed on 2-28-00. The plaintiff then commenced a course of the blood thinner Coumadin, which was monitored by the defendant internist, who was the plaintiff’s primary care physician. The plaintiff’s expert internist contended that until the physician can determine the sensitivity the patient has to Coumadin, the physician should monitor the levels twice per week. The expert related that when it has become apparent that the therapeutic levels are sustained, the monitoring can be less frequent. The plaintiff’s expert further related that the levels are measured in terms of International Normalized Ratio (INR) and should be between 3 and 4 on such a scale. The plaintiff maintained that although the defendant internist monitored the plaintiff in a timely fashion during the first several week period, he negligently failed to continue to monitor the plaintiff at sufficient intervals between this period and the time of the stroke in June. The plaintiff contended that in March, the INR levels were between 9 and 10 and that the adjustments in the dosage resulted in a drop to a level below 2. The plaintiff maintained that despite such difficulties in obtaining the proper levels, the defendant internist continued to see the patient intermittently. The plaintiff also maintained that the cardiologist should have monitored the levels when he saw the patient approximately every other month. The defendant cardiologist maintained that he could validly rely upon the internist, who was the plaintiff’s primary care physician, to properly monitor the patient.
The evidence disclosed that in June, the plaintiff saw the cardiologist with signs and symptoms of atrial fibrillation and the cardiologist planned on treating this condition through electrical cardioversion using a defibrillator. In preparation for this treatment, the cardiologist performed a transesophageal echocardiogram and noticed signs of a blood clot. The cardiologist delayed the cardioversion, ordered that the dosage of Coumadin be elevated, but the plaintiff suffered the stroke the following day.
The defendant internist denied that the stroke was related to the Coumadin levels. The defendant maintained that the irregular heartbeat associated with the atrial fibrillation itself probably caused the clot. The plaintiff would have countered that any danger of the atrial fibrillation producing a clot rendered the need for proper monitoring of the blood thinner all the more crucial.
$1,050,000 Settlement for Failure to Supervise Elderly
NEW JERSEY LAW JOURNAL
SUITS & DEALS
Borsai v. Somerset County Department of Transportation: The Somerset County Department of Transportation agreed to a $1.05 million settlement of a suit by an elderly man suffering from Alzheimer’s disease who was left on a bus in sweltering heat for three hours.
On June 29, 1999, Michael Borsai, now 72, was one of a number of elderly residents being transported home from the All Day Care Center in Bedminster Township. The driver, James Wilson, did not see that Borsai was still seated in the rear of the bus when he drove to the department’s parking lot at about 3 p.m. By that time, the outdoor temperature had exceeded 90 degrees and it was very humid.
Wilson left the bus, but Borsai, because of the advanced state of his Alzheimer’s condition, was unable to leave the bus by himself, says his lawyer, Barry Eichen, a partner at Edison’s Eichen Crutchlow Zaslow, LLP. Another Department employee spotted Borsai in the bus about three hours later.
Borsai was taken to St. Peter’s University Hospital in New Brunswick where doctors discovered that his existing vascular problems had been exacerbated by the heat and that he had developed a blood clot in a thigh. He spent three weeks in the hospital.
Wilson was fired shortly thereafter. The settlement was reached on November 30, 2001. A trial had been scheduled to begin last Monday before Somerset County Superior Court Judge Helen Hoens.
The transportation department was represented by Scott Rodgers, a partner at Somerville’s Miller Robertson and Rodgers. He did not return telephone calls seeking comment.
By: Michael Booth
$1,000,000 Settlement for Orthopedic Malpractice
Barry R. Eichen and William Crutchlow of Eichen Crutchlow Zaslow, LLP obtained a one million dollar settlement for this client as a result of orthopedic medical malpractice. This case involved a lumbar fusion with one plate and six screws. The defendant orthopedic surgeon, while inserting screws into Plaintiff’s back, did not use fluoroscopy, an x-ray technique, and was therefore unable to properly locate the appropriate position of where to place the surgical screws. As a result, Defendant orthopedist struck one of Plaintiff’s exiting nerve roots and caused Plaintiff to have a partial foot drop. This case settled after deposition of Defense Expert in the amount of $1,000,000. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).
$975,000 Jury Award for Woman in Slip-and-Fall Case
Home News Tribune Online – 10/1/05
By LONNIE MACK – STAFF WRITER
MIDDLESEX COUNTY: An Edison woman who fell and fractured her ankle outside her place of employment has been awarded $975,000 by a Superior Court jury in New Brunswick. Jeanette Bruno, 44, the mother of two grown children, was injured on June 4, 2003, when she fell on a sidewalk outside the Medical Technology Solutions building, according to her attorney, Barry Eichen, of the Edison law firm of Eichen Crutchlow Zaslow, LLP. Eichen said Bruno was helping students who were enrolled in medical-billing classes enter the facility. He argued the woman slipped and fell because the sidewalk was in disrepair. Bruno filed suit against the owners of the building, Ice Inc. and Saddleback Management Co. of Hackensack, whose insurance company will be liable for the award. Bruno, who was a recreational runner, can no longer run and has limited motion in the ankle, Eichen said. He said the ankle had to be repaired by surgery. A plate and several screws were implanted into the ankle. The jury deliberated for about an hour following a two-day trial in the courtroom of Superior Court Judge Lorraine Pullen before announcing its verdict late Wednesday afternoon. Gary McDonald, the attorney for the defendants, could not be reached for comment.
$950,000 Awarded to widow of New Jersey Transit employee who died of Job-Related Lung Disease
Marie Quattrocchi of North Arlington, New Jersey, the widow of Filippo Quattrocchi, received compensation from New Jersey Transit. Barry Eichen of Eichen Crutchlow Zaslow, LLP represented Mrs. Quattrocchi in her claim.
Filippo Quattrocchi began his employment with New Jersey Transit in 1975 where he worked as a trackman at the Hoboken terminal with contaminated soil. He worked 2 months and was laid off. In May of 1976 he returned to work as a trackman. He worked with railroad ties which were dipped in creosote. Plaintiff quit his job with New Jersey Transit and returned to Italy. He returned to work for New Jersey Transit in 1998 as a machine operator. He operated a tamper, raising and lines track, squeezing stones underneath the machine. His last job with New Jersey Transit was in Xanadu, where he worked side by side with different contractors. The contractors for the Meadowlands were dressed in full protection gear at this job site. Mr. Quattrocchi died on September 14, 2011 at the age of 56.
$950,000 awarded to New Jersey Transit employee who developed job-related Stage IV Lymphoma
Barry Eichen of Eichen Crutchlow Zaslow, LLP successfully represented Keith Cruz, a New Jersey Transit employed who developed job-related State IV Lymphoma. Mr. Cruz worked for New Jersey Transit in excess of 18 years; as a result of being exposed to toxic materials while employed by New Jersey Transit, he developed Stage IV Lymphoma.
$850,000 Verdict for Car Accident Resulting in Neck Injury
Attorney Barry Eichen obtained a jury award in Middlesex County of $850,000. The plaintiff near retirement age suffered an injury to her neck in an automobile accident.
$800,000 Settlement for Podiatric Malpractice Case
Plaintiff’s attorney, Barry R. Eichen, of Eichen Crutchlow Zaslow, was able to settle this case at mediation, 3 months prior to the case being listed for trial.
Plaintiff was an electrical engineer with a medical diagnosis of diabetes and a preexisting history of foot deformity. Although surgery was necessary, Plaintiff alleged Defendant-Podiatrist failed to recognize the beginning of an infectious process and further failed to prescribe antibiotics in a timely fashion.
$800,000 Settlement for Failure to Diagnose Appendicitis
Attorney Barry Eichen secured a settlement with defendant doctor for failure to properly diagnose appendicitis of infant plaintiff. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential).
$800,000 Jury Verdict for Closed Head Injury after a Fall on Ice
THE STAR LEDGER
A 73 year old Edison man accepted $800,000 yesterday to settle a lawsuit claiming he was severely injured when he slipped on ice and fell outside a bank.
Harold Osborne accepted the sum in state Superior Court in New Brunswick to settle his lawsuit against PNC Bank of Edison and Petty Construction Inc., a snow removal company from the Iselin section of Woodbridge. Barry Eichen an Edison lawyer representing Osborne said his client suffered a severe neck injury when he fell January 16, 1996.
As a result, Osborne, a retired machine operator underwent surgery but continues to suffer pain and uses a cane to walk, the lawyer said. Eichen also said Osborne suffers from lost sensation in his right hand as a result of the injury.
Osborne, who had a part-time job with a florist, was delivering flowers to the bank then the Midlantic Bank on Thornall Street in Edison when he slipped on a ramp leading to the entrance, according to court records. The florist was not identified in court papers and was not named as a defendant.
The bank, which later became PNC Bank, and the snow removal companies were accused in the lawsuit of failing to properly remove ice and snow from the ramp, according to Eichen.
The bank agreed to pay 75 percent of the settlement, and the snow removal company will contribute the remainder under terms of the agreement reached before the case was to be tried before Superior Court Judge Amy Piro Chambers.
Michael Tuzzio, a Tinton Falls attorney representing the bank, declined to comment.
By: Jim O’Neill
$800,000 Settlement for Factory Job-Related Injuries
MIDDLESEX COUNTY: A woman has received an $800,000 settlement for injuries she suffered at work when part of her scalp was ripped off because her hair got caught in the gears of a conveyor belt at a Cranbury Plant, her attorney said.
Nina Patel, 53, of North Brunswick settled her case against the installers of the belt and the electrician who installed the shut-off switch, said Barry Eichen of Eichen Crutchlow Zaslow, LLP.
Patel packed teddy bears at Russ Berrie and Company Inc., he said. She put them on a gravity conveyor belt, then pushed them over to a motorized belt. But on August 23, 1999, the boxes started to pile up and her supervisor asked her to go under the conveyor belt and turn it of using a shut-off switch, said Eichen.
He said guards underneath the belt had been removed by maintenance workers and were never re-installed.
So, when she went underneath the belt, her hair got caught in the gears and part of her scalp was ripped off, said Eichen, adding that Patel had to have a skin graft because of her injuries.
Eichen also said Patel could have shut the belt off by pulling a line cord, instead of crawling under belt, but that line cord would have stopped the entire system, and her supervisor just wanted a portion of the belt turned off.
Eichen said he initially filed suit against Russ Berrie as well, but the court dismissed that portion, citing workman’s compensation rules.
The settlement was reached on Tuesday just before jury selection began before Judge Bryan Garruto in state Superior Court, New Brunswick. Eichen said he planned to argue that the installer, W.S. Marshall Inc. in Cliffwood, and the electrician, Access Electric in Perth Amboy, should not have put the shut off button underneath the belt. But James D. Butler, the Jersey City based attorney who represented Access said his client, as well as W. S. Marshall, planned to argue that they were not responsible for the accident.
He said the decision to settle the case was a business decision.
“We maintained all along, and also maintained, at the time of the settlement, there was no culpability, but unfortunately the cost of litigation is so high that it was (an) economic (decision),” he said.
Access agreed to pay $75,000 of the settlement, while W.S. Marshall agreed to pay the rest.
By Michelle Sahn
$750,000 Settlement During Trial for Nursing Negligence
NEW JERSEY LAW JOURNAL
SUITS & DEALS – January 17, 2000
Ferguson v. An Unnamed Hospital and Two Unnamed Nurses: A Middlesex County judge approved a $750,000 settlement on January 3 in a suit alleging that negligence by a Middlesex County hospital and two nurses led to an Edison woman’s brain damage.
Jeanette Ferguson, now 63, was having symptoms of a heart attack when she went to the hospital’s emergency room on Jan. 11, 1995, according to her attorney, Barry Eichen, a partner with Edison’s Eichen & Cahn. Eichen says the nurses failed to monitor his client’s condition and respond in a timely manner, causing permanent brain damage and a loss of short-term memory.
The parties had reached a settlement on Dec. 13 after opening statements in front of Judge Douglas Hague, according to Eichen. The nurses and the hospital were not named because of a confidentiality agreement.
Both nurses had more than 10 years of experience and should not have left Ferguson unmonitored, says Eichen.
The defendants asserted that Ferguson’s brain damage was caused by the heart attack, which was brought on by a previous condition that damaged the heart about seven years earlier, Eichen says. The defense also argued that Ferguson had previously undergone coronary artery bypass surgery, smoked three packs of cigarettes a day and had not seen a doctor for seven years before the hospitalization on Jan. 11, 1995, according to Eichen.
While acknowledging that Ferguson was a smoker, Eichen says that habit did not detract from the medical providers’ alleged negligence.
Just because she smoked three packs a day doesn’t mean that she should not have been monitored, Eichen says.
Ferguson says his client may have been left unmonitored for up to five minutes, while the defense argued that she was unmonitored for no more than a minute.
The hospital was represented by Donald Ottaunick, a partner at Hackensack’s Cole, Schotz, Meisel, Forman & Leonard. The nurses were represented by Daniel Hurley, a partner with Short Hills’ Hurley & Vasios, and Louis Dughi, a partner with Cranford’s Dughi & Hewit. None of the defense lawyers returned telephone calls seeking comment on the settlement.
By: Sandy Lovell
$750,000 Settlement for RDS Injury Sustained from Reclined Airline Seat
This was a case where the passenger in the seat in first class in front of the plaintiff leaned back, striking the plaintiff in the knee causing RSD. This condition is a neurological condition whereby the extremities turned colors and the knee and leg becomes weakened and painful. The patient was treated for two years. This case settled the day of trial for $750,000.00, by attorney Barry Eichen.
$650,000.00 Awarded for Dog Bite
Barry Eichen of Eichen Crutchlow Zaslow, LLP successfully represented the Plaintiff, who was an invitee to the Defendant’s home and while she was there was attacked by the family’s dog. (At the request of the parties involved and in the best interest of our client, the names, dates and facts surrounding this settlement are confidential.)
$425,000 Settlement for Employment Discrimination
Eichen Crutchlow Zaslow, LLP
FOR IMMEDIATE RELEASE: September 9, 2002
Contact: Barry R. Eichen, Esq. 732-777-0100
Barry R. Eichen of Eichen Crutchlow Zaslow, LLP on behalf of plaintiffs Greg Montano and David Orban agreed to a settlement of $425,000 with Defendants Handex Environmental. Mr. Montano of Union County and Mr. Orban of Essex County were the victims of age discrimination by their employer Handex Environmental located in Marlboro, New Jersey. Discrimination cannot be tolerated in this day and age, no matter what form it takes, no matter against whom it is designed to hurt. Eichen said.
There were 12 laborers performing an environmental clean-up with Handex. Montano and Orban were two of three workers over the age of 50 who were terminated as of March 30, 1999. The company alleged that the termination was a result of decreased profits/revenues.
Through a deposition of the CFO of Handex, it was discovered that the holding company’s revenues increased from 1997 until 2001. Plaintiffs contended that the lack of revenues was a pre-textual explanation to disguise the age discrimination.
Plaintiffs’ experts included a forensic accountant and a human resources expert. The case was settled after mediation with former Appellate Judge John E. Keefe.
Undisclosed Amount in Class Action Lawsuit against DCH Auto Group
In January of 2005, Barry R. Eichen of Eichen Crutchlow Zaslow, LLP brought a class action lawsuit on behalf of New Jersey consumers who purchased automobiles from DCH Auto Group. In the class action lawsuit, the plaintiffs maintained that from the dates of April 17, 1997 to and including January 27, 2005, DCH Auto Group provided consumers with vehicle registration, certificate of title, and documentary services for which the group charged and/or allowed fees in excess of the standard amounts charged by the Division of Motor Vehicles without providing consumers with an itemized disclosure that indicated that said fees were in excess of those that would be charged by the Division of Motor Vehicles. A class action settlement was reached with the defendants, which provided members of the consumer class with the following relief.
- A full cash reimbursement of overcharges.
- A discount of ten percent off of the purchase of parts and accessories or a service visit.
- A discount coupon for $150 off the purchase or lease of a new or used vehicle.
- More detailed and itemized disclosures on the defendants’ future transactions with consumers.