News

VERDICT MAKES HISTORY

  • Nov 1 2011

In a 9 year old case, a New York State Supreme Court jury in Franklin County, New York awarded an astounding $2.9 million dollar verdict to a Malone couple for injuries Kathryn Berthour sustained when a keypad fell on her head while she was undergoing a routine barium swallow at Alice Hyde Hospital.

On October 28, 2011, a 6 person jury consisting of 1 man and 5 women, returned a verdict in the State of New York Supreme Court; County of Franklin in favor of Kathryn and John Brethour.  The verdict awarded them a total of $2,850,000 which included $1.8 million for future medical costs and over $1 million for pain and suffering and loss of earnings.

The Brethour’s, were represented by attorney’s Lawrence Elmen of the law firm of Fitzgerald Morris Baker Firth and Stephen R. Coffey of O’Connell and Aronowitz, in a two week trial in Malone.   At trial, the Alice Hyde Medical Center contested both negligence and the brain damage sustained by Mrs. Brethour.   In their verdict, however, the jury rejected the hospital’s defenses and found that Mrs. Brethour suffered permanent brain damage as a direct result of the hospital’s negligence in causing the accident.

Stephen R. Coffey, along with his partners Pamela A. Nichols and Thomas J. DiNovo, head one of the most successful injury practices in upstate New York. When asked about his experience in co-counseling with Mr. Elman, Coffey stated” Mr. Elman is one of the most dynamic litigation attorneys in the upstate area.”

O’Connell and Aronowitz is one of the Capital Region’s largest, broad-service law firms. With more than 35 attorneys and offices in Albany, Saratoga Springs and Plattsburgh, it has been serving clients and the community since 1925.   If you have any questions about the law firm or its services, please contact Jeffrey J. Sherrin, President at 518 462-5601, ext 3306.


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The culture of teamwork and collaboration at O’Connell and Aronowitz helps our four office locations assist clients in a myriad of legal disciplines and harness the talents of O’Connell and Aronowitz attorneys across New York State. We offer the experience, resources, and skills to help you protect your rights and your best interests.

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