Silberstein & Miklos

A Kings County jury found New York City Health and Hospitals Corporation liable for the delayed diagnosis and treatment of a subdural hematoma in Carlyle Roberts, a 67-year-old brought to Kings County Hospital Center in Brooklyn after a hit-and-run crash, leaving him cognitively impaired, weak on his left side and dependent on others. The jury awarded $29,361,000, including $21,500,000 for pain and suffering, before the trial judge set the verdict aside and ordered a new trial over alleged misconduct in plaintiff's counsel's summation. The Appellate Division, Second Department reversed that order on February 24, 2021, reinstated the verdict, and separately found the pain and suffering award excessive, cutting it to $9,000,000. With the $7,861,000 future expense award left undisturbed, $16,861,000 stood. Silberstein, Awad & Miklos, P.C. (Robert A. Miklos) appeared for the plaintiff on the appeal, with Pollack, Pollack, Isaac & DeCicco, LLP (Brian J. Isaac) of counsel.

A 72-year-old woman was thrown to the floor of a Queens city bus in April 2012 when the driver pulled away from the curb before she reached her seat, tearing the menisci in her knee and causing spinal and post-concussive injuries. A Supreme Court, Queens County jury found MTA Bus Co. negligent and awarded her $1,500,000 in past and future pain and suffering. The Appellate Division, Second Department affirmed both the liability finding and the damages award in full in 2018. Robert Miklos of Silberstein, Awad & Miklos, P.C. represented her at trial and on appeal.