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Fighting For You > Legal Team > Steven J. Schwartzapfel

Steven J. Schwartzapfel

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Steven J. Schwartzapfel, the founding Member of Schwartzapfel Lawyers, believes in our civil justice system and has built his practice on its principles since 1983.

steven@fightingforyou.com

Personal Injury, Wrongful Death, Construction Site Litigation and Medical Malpractice

Background

Steven J. Schwartzapfel is the founding Member of Schwartzapfel Lawyers P.C., one of the most prominent and well respected Plaintiff’s personal injury law firms in New York.

Steven attended the State University of New York at Buffalo where he earned his B.A. degree with honors in 1977 and went on to graduate with Pace University School of Law’s second class in 1980.

Steven has been a member, director, and officer and Past President-elect of the New York State Trial Lawyers Association, and currently serves as a Director Emeritus. Steven served as the first President of the Alliance for Consumer Rights, and is also a founding member, Director and First Vice-President Officer of the New York State Academy of Trial Lawyers. He has served on the Judicial Screening Committees for the Supreme Court, Appellate Division and New York Court of Appeals, in addition to serving on the Committee on Professional Discipline.

Steven has also served as chairperson and faculty lecturing to attorneys within and outside the country on many topics including trying cases, negotiation, strategies and tactics, decisions and statutes, insurance issues, law office management, client relations and ethics.

visit StevenSchwartzapfel.com

Real Workers of New York- Website with resources to assist and support the workers of New York

Manhattan Accident Lawyer- Website with information and resources for Personal Injury

Steven has founded NYSafetynet.com, a Web site designed to provide information and other resources for the working families and socially and/or economically disenfranchised of New York.

Steven has been awarded the prestigious AV rating in Martindale-Hubbell, named to The New York Super Lawyers List and selected as one of the 2007 Top 100 Trial Lawyers by the American Trial Lawyers Association.

Schwartzapfel Lawyers Firm’s Recent Victories

$27 Million in a Brain Damaged Baby Case

$27 million in a structured settlement to a baby who sustained anoxic brain damage resulting from obstetrical malpractice. The physicians failed to timely diagnose fetal distress and terminate the labor in a timely fashion by cesarean section.

$9 Million in an Erb’s Palsy Case

Approximately $9 million in future payments to a young girl born with Erb’s palsy as a result of negligence in performing the delivery after shoulder dystocia was encountered. Excessive lateral traction was exerted on the fetal head, damaging the brachial plexus.

$6 Million for Union Laborers

$6 million at trial for two construction laborers who were hit by a vehicle. One of the construction workers sustained a right leg injury that ultimately required an above-the-knee amputation. The other client sustained crush injuries to his right foot. We were able to prove at trial, with the use of expert witnesses and video animation, that the driver who claimed a green light, failed to maintain a proper lookout and was liable for this collision.

$5.5 Million in a Brain Damaged Baby Case

$5.5 million prior to a trial on behalf of an infant brain damaged as a result of failing to timely diagnose fetal distress and terminate the labor in a timely fashion by Cesarean Section. Instead, the doctor allowed the labor to progress resulting in hypoxic ischemic encephalopathy which caused brain damage to the baby.

$3.8 Million in a Medical Malpractice Case

$3.8 million to a 68-year-old man who had an improperly performed hip replacement, resulting in infection, the need to remove the prosthesis and resultant limp when ambulating.

$3 Million in an Erb’s Palsy Case

$3 million in future periodic payments to a child who sustained Erb’s palsy as a result of excessive lateral traction on the fetal head during delivery after encountering a shoulder dystocia.

$3 Million in a Wrongful Death Case

$3 million for the wrongful death of a husband and father who developed deep vein thrombophlebitis and a fatal pulmonary embolism following knee surgery.

$2.5 Million in a Brain Injury Case

$2.5 million for failure to timely diagnose and treat a cerebral aneurysm resulting in rupture of that aneurysm, causing a stroke and resultant brain injury.

$2.5 million in a Scaffolding Injury Case

$2.5 million for a 33 year old union carpenter who suffered a shoulder injury when the scaffold he was on collapsed. Despite surgery he was left with a permanent partial disability.

$2.2 Million for Account Executive

$2.2 million award for a 39-year-old account executive who was involved in a rear-end car collision that aggravated a prior back condition. This injury required surgery and rendered him disabled from his employment. The impact was minimal and there was no visible damage to his car. We were able to prove, with a biomechanical expert, that the impact from the accident was sufficient to cause the client’s injuries and resultant surgery.

$1.975 Million for Union Laborer

$1.975 million settlement on behalf of a 43-year-old union carpenter. Our client, while sheetrocking at a retail shop, fell from a Baker’s scaffold, causing a fractured elbow that required multiple surgeries. Our firm was able to settle the case prior to the scheduling of a trial date, expediting the entire process for the client and providing much needed relief for his family.

$1.9 million for a 46-year-old HVAC worker who fell from a defective ladder.

$1.9 million for a 46-year-old HVAC worker who fell from a defective ladder. He aggravated a prior knee injury and required arthroscopic surgery. He was unable to return to work and a future knee replacement was recommended.

$1.75 Million in a Wrongful Death Case

1.75 million for the wrongful death of a 40-year-old woman following gastric bypass surgery. There was a failure to timely diagnose and treat an anastamotic leak post-operatively.

$1.5 Million in a Medical Malpractice Case

$1.5 million for a gentleman who sustained partial paralysis of his lower limbs because of the hospital’s failure to timely diagnose a spinal hematoma and surgically decompress the spine.

$1.5 Million in a Failure to Diagnose Cancer Case

$1.5 million over the decedent’s internist for failing to detect a lesion suspicious for lung cancer on a routine yearly chest x-ray. Instead, the diagnosis was delayed until the following year’s x-ray was taken resulting in an approximate one year delay in the diagnosis and treatment of the patient’s lung cancer. The delay resulted in metastasis of the cancer and the ultimate death of our client.

$1.5 Million in an Erbs Palsy Case

$1.5 million settlement prior to trial on behalf of an infant who sustained Erbs Palsy as a result of a negligent delivery. It was claimed that the delivering obstetrician exerted excessive force on the baby’s head so as to irreversibly stretch the baby’s brachial plexus.

$1.5 million in a Car Accident Case

$1.5 million for a 45 year old women involved in an intersectional collision. Both drivers claimed right of way. At the time of the collision she had a lawsuit already pending for a prior car accident in which she sustained neck and back injuries. This collision aggravated her prior injuries and now she required surgery.

$1.45 Million for Union Carpenter

$1.45 million settlement, plus waiver of workers compensation lien, on behalf of a 28-year-old apprentice from the Local #608 United Brotherhood of Carpenters. The client was loading sheetrock into a poorly maintained hoist when it tipped, causing a severe elbow injury that ultimately required surgery. The New York State Labor Law provides special protection for construction workers from such risks. The attorneys resolved the case years before trial.

$1.3 Million in a Medical Malpractice Case

$1.3 million for failure to timely diagnose and treat subacute bacterial endocarditis, causing heart valve damage that required valve replacement surgery.

$1.2 Million Verdict for Slip and Fall

$1.2 million for a pedestrian who sustained a compound fracture with surgery to her arm when she tripped while walking on an uneven sidewalk.

$1.2 Million in a Medical Malpractice Case

$1.2 million for a 41-year-old woman who sustained blindness in one eye secondary to an untreated strep infection which caused sepsis, hypoperfusion and damage to the optic nerve.

$1.2 Million for Union Laborer

$1.2 million settlement to a union laborer involved in a minor rear end collision. Although the client did not break any bones, he did suffer from chronic myofascial pain syndrome that rendered him disabled and unable to work. We were able to prove with expert testimony from doctors, economists and biomechanical engineers, that the collision was the reason for the client’s chronic facial pain.

$1.15 Million in a Wrongful Death Case

$1.15 million for the wrongful death of an elderly woman whose lung cancer was not timely diagnosed and treated.

$1 Million in a Truck Accident Case

$1,000,000 for a New York City Supervisor whose vehicle was rear-ended by a tractor trailer. One month before the accident he was being treated for neck and back injuries. After the accident, he required surgeries. This action was pending in Federal Court in Boston.

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