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12/23/2009
Gerry Oginski
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Settlement Reached at Same Time as Jury Verdict-Result?

This medical malpractice case, tried in Kings County Supreme Court, also known as Brooklyn, NY had a bizarre twist.

The case involved a man who underwent knee surgery and suffered permanent injury. The first trial resulted in a verdict of $1.5 million. After appeal, the case had to be re-tried. During the second trial, as the jury was deliberating, the parties agreed to settle the case for $150,000. The jury, almost simultaneously announced they had reached a verdict.

The judge refused to allow the parties to put the settlement on the record! The jury decision was announced: $1.4 million for the injured victim. Defendant appeals. Read the article by John Hochfelder to see what happened on appeal.



Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.
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