Personal Injury and Medical Malpractice

Porzio Wins $1.49 Million Settlement for Client after Breast Cancer Misdiagnosis

10/12/2017| News

M.P., a 56-year-old wife and mother, recovered $1.49 million in a settlement with a radiologist who allegedly missed the diagnosis of breast cancer on a mammogram, according to Timothy L. Barnes of Porzio, Bromberg & Newman, attorney for M.P. and her husband. The case settled on September 13, 2017, following  a day-long mediation before Retired Judge Eugene Codey in Roseland. 

Because of her history of cystic breasts, M.P. underwent annual mammograms. According to Mr. Barnes, the February 2013 mammogram was interpreted by the radiologist as normal when, in fact, it showed evidence of microcalcifications, which should have mandated further surveillance, including a breast biopsy. Instead, M.P. followed her doctor's instructions and returned 15 months later for her next mammogram. That study revealed an even larger calcification cluster. A biopsy and mastectomy led to the diagnosis of stage 4 breast cancer, which had metastasized to the plaintiff's hips and spine. M.P. underwent chemotherapy, radiation therapy, and an array of alternative treatments. Unfortunately, these therapies have not slowed the progression of her disease.

According to Mr. Barnes, had the radiologist correctly interpreted the 2013 mammogram, M.P. likely would have required a lumpectomy with chemo and radiation therapy, and would have had an 85% chance of 5-year survival. Because of the delay in diagnosis, and progression of her disease, however, MP's condition is terminal. 

Judge Recognizes Porzio Client's Cause of Action for Wrongful Prolongation of Life

10/23/2017| News

Porzio Of Counsel Timothy L. Barnes was quoted in the New Jersey Law Journal article, "NJ Judge Recognizes Cause of Action for Wrongful Prolongation of Life," by Michael Booth, on October 13, 2017. 

Morris County Superior Court Judge W. Hunt Dumont has ruled that the family of a woman allegedly resuscitated against her wishes may sue for wrongful prolongation of life. Mr. Barnes is the attorney for the estate. 

Justice Dumont stated that his ruling was a logical extension of the 1979 ruling in Berman v. Allan, which recognizes the doctrine of wrongful birth. “We applaud Judge Dumont’s ruling as a clear extension of Berman,” said Barnes. “The defendants clearly violated Ms. Stica’s right not to be resuscitated.” 

To read the full New Jersey Law Journal article, please click here.

Porzio Welcomes New Associate Kristen Miller

5/22/2017| News

Porzio is pleased to welcome Kristen B. Miller as an associate of the firm and a member of the Personal Injury and Medical Malpractice Team. Her practice includes all aspects of civil litigation, both state and federal, at the trial and appellate level, with a particular focus on medical malpractice, product liability, toxic tort litigation, personal injury and vaccine injury. 

She received her J.D. from Rutgers University School of Law in 2009 and her Bachelor of Arts degree in Psychology and Spanish from Lehigh University in 2006.

Porzio Principals Bill Krais and John Mairo Selected to the 2017 New Jersey Super Lawyers Top 100 List

4/10/2017| News

Porzio proudly congratulates principals William (Bill) A. Krais and John S. Mairo on their selection to the New Jersey Super Lawyers 2017 Top 100 list. 

Bill handles a wide variety of medical malpractice and serious personal injury cases, including cases involving babies injured during childbirth, orthopedic injuries, delayed diagnosis of cancer, surgical errors, traumatic brain injuries, wrongful death, and those injured in accidents. In addition to representing victims of serious personal injuries, he also counsels attorneys in respect to issues of legal ethics. Bill is also a former chair of the District X Attorney Ethics Committee, has carried out multiple appointments by the New Jersey Supreme Court to serve as a Special Ethics Master, and is a requested speaker nationwide at seminars addressing attorney ethics. Bill has been recognized on the New Jersey Super Lawyers list annually since 2012.

John concentrates his practice in the areas of commercial litigation, workouts, financial reorganizations and creditors’ rights. He is certified in Business Bankruptcy Law by the American Board Of Certification and received the highest rating by his peers in the Martindale-Hubbell Law Directory. In addition, John successfully completed the INSOL Global Insolvency Practice Course and is recognized as an INSOL International Fellow. He was named to the New Jersey Super Lawyers Rising Stars list in 2009, and has been recognized on the New Jersey Super Lawyers list annually since 2010. 

The selections for this esteemed list are made by the research team at Super Lawyers. Each year, the research team undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check.

To view the complete list and to learn more about Super Lawyers and the selection process, please click here.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Bill Krais Quoted by Runner's World Regarding the Inherent Risk Associated with Beer Mile Races

6/22/2016| News

Porzio, Bromberg & Newman principal Bill Krais was quoted by Runner's World regarding the inherent dangers of the recently popular "beer mile" races. Two rival organizations currently bringing the beer mile to the masses are attempting to take precautions aimed at deterring litigation, as well as promoting runner safety.

BeerFit Running Series and National Beer Mile outline the procedures and restrictions for participation on their websites. Unlike traditional beer miles, they do not disqualify competitors for leaving too much liquid in their cups or for skipping the drinks all together.

According to Mr. Krais, who specializes in personal injury: "Running and drinking beer both carry with them inherent dangers, so when you combine the two, it comes as no surprise that the likelihood of an untoward result increases significantly." He further explains that the safeguards enacted by BeerFit and National Beer Mile lessen any potential exposure but by no means do they eliminate it. 

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Porzio Principal William A. Krais Recognized as 2015 New Jersey Super Lawyers Top 100

3/31/2015| News

Porzio, Bromberg & Newman P.C. is pleased to announce that principal William A. Krais has been recognized by New Jersey Super Lawyers 2015 as a Top 100 attorney.

Bill specializes in serious personal injury and medical malpractice cases in both New Jersey and New York.  He is currently a Trustee of the New Jersey State Bar Association (NJSBA) and serves on several legal and community association boards.  Former chair of the District X Attorney Ethics Committee, Bill frequently speaks at seminars addressing attorney ethics,

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Personal Injury Defendants Find a Friendly Court

9/24/2015| Article

By William A. Krais and Pamela R. Kaplan

Over the course of the past year, legal issues impacting the world of torts and personal injury law kept the New Jersey Supreme Court quite busy. The court's decisions in these areas have focused on the procedural, such as net opinions, adverse inference charges, civil reservations, liability issues on retrial, application of the Charitable Immunity Act and discovery under the Patient Safety Act, as well as the substantive, including bad faith in the context of uninsured motorist claims, condo association liability and an employee's comparative negligence.

It is hard to decipher a theme from among 11 opinions authored by five different justices. In some cases (see, eg., Davis v. Brickman Landscaping or Maida v. Kuskin), the court reminded practitioners and judges alike that process matters and rules should be followed. However, in other cases (C.A., ex rel. Applegrad v. Bentolila), strict application of the rules was relaxed. In one case (Qian v. Toll Brothers), the court expanded a cause of action to establish liability against a condominium association for personal injuries. In another context (Badiali v. NJM and Wadeer v. NJM), the court declined to expand bad-faith liability in uninsured motorist claims. Finally, while plaintiffs may celebrate the court's opinions in Kuchera v. Jersey Shore Family Health Center and Qian, for the most part, personal injury defendants found a friendly court over the past term, having prevailed in a clear majority of the court's opinions.

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Porzio Recognized in 16 Practice Areas by U.S. News - Best Lawyers “Best Law Firms” 2016 Rankings

11/2/2015| News

Porzio, Bromberg & Newman P.C. is pleased to announce that the firm has received Tier 1 metropolitan rankings by U.S. News – Best Lawyers “Best Law Firms” in the following 13 practice areas:

  • Appellate Practice
  • Arbitration
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Commercial Litigation
  • Land Use & Zoning Law
  • Litigation – Bankruptcy
  • Litigation – Intellectual Property
  • Litigation – Labor & Employment
  • Litigation – Real Estate
  • Mass Tort Litigation / Class Actions – Defendants
  • Mediation
  • Personal Injury Litigation – Defendants
  • Product Liability Litigation – Defendants

Additionally, the firm received Tier 2 metropolitan rankings in Trusts & Estates Law and Real Estate Law, along with Tier 3 metropolitan rankings in Tax Law.

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