MY WORK

The result of this trial was one of Kyle’s proudest moments, as he fought and won an extremely difficult case that had been dropped by four prior law firms.  In this trial before a hostile judge in New York Supreme Court Kyle beat one of the best medical malpractice attorneys in the Country.  This trial taught Kyle one thing.  That he could win against anyone.  

After two hard fought weeks of trial Kyle was able to prove that the surgeon who performed the hernia repair improperly fixated the synthetic mesh used during the surgery.  Kyle was able to reproduce several post-operative imaging studies, including CT and MRI, which showed that the metallic “protacks” used to fixate the mesh over the hernia defect were improperly placed.  The improper placement of the mesh was shown to cause mesh migration leading to the plaintiff’s bladder and colon becoming strangulated within the hernia defect.  The patient suffered permanent ilioinguinal nerve damage (to his groin), which led to total disability from work, and a devastating quality of life.  

This was an epic trial to say the least.  Held before Judge Fernando Tapia in Bronx Supreme Court, Kyle would win one of his largest trial settlements ever against a major NYC Hospital system, and two of their physicians, a board certified general surgeon and board certified internal medicine doctor.  This case involved one of Kyle’s all time favorite clients, a Bronx resident born in Palestine, who owned a corner deli near Columbia University.  

In 2017 the plaintiff was the victim of medical malpractice when a surgeon recommended and performed what he called an “emergency” hemorrhoidectomy procedure after the client presented to the hospital with anemia of unknown origin.  The theory of the case was that the physicians and staff at the hospital failed to identify other gastrointestinal causes for the patient’s blood loss, which were far more likely than a few internal hemorrhoids that the surgeon resected during a major invasive procedure.

Before trial the defendants in the case offered ZERO dollars.  Not only was Kyle, through his expert testimony and the hospital records, able to expose how poorly the surgery was performed, but he was also able to show that despite his client returning to the hospital with obvious peri-rectal complications (a massive abscess had developed), the client was not seen or examined by the surgeon who performed the surgery while admitted to the hospital for over three weeks!  

This negligence led to Kyle’s client developing a colorectal fistula, a horrific medical condition whereby a tract formed between the client’s rectum and an opening in his buttocks that would constantly drain pus and feces.  This led to nearly a dozen post-operative surgeries, which never cured the fistula.  Ultimately, due to the damage to his rectum, the plaintiff required a spinal cord stimulator to be surgically implanted into his spine, connected to the nerves which controlled bowel function.  In order to go to the bathroom the client required a remote control device to defecate.  

Over the course of two and a half weeks Kyle called seven witnesses: he cross examined both the surgeon and the internist, called on direct both his client and his wife (who had the jury in tears) and brought in three experts in to testify on his behalf: a colorectal surgeon, infectious disease specialist and life care planner who estimated over a million in future medical expenses. 

This case was won at a particularly symbolic point of Kyle’s life, when his wife was just finishing chemotherapy, while at the same time helping raise a two year old son at home.  The trial presentation combined both the medical records, ten separate medical illustrations, and a 3-D reconstruction of a CT scan that absolutely floored the jury.  This made for an incredible end to the summer, which led to his wife becoming cancer free after almost a year long battle against Stage IV Hodgkins Lymphoma. 

This case was one of Kyle’s most difficult trial wins, and a verdict that would place him in the medical malpractice verdicts and settlements hall of fame for this result in Kings County Supreme Court.

In this medical malpractice trial against a prominent orthopedic surgeon Kyle was able to prove, in part through his use of trial technology, that a pre-operative MRI of the patient’s knee showed an osteochondral fracture (a shearing type fracture of the top layer of bone and cartilage on the tibial plateau) that was improperly treated, leading to the ACL surgery failing.  This caused his then 42-year old client to suffer a deep venous thrombosis in his lower leg leading to a stroke and four additional revision surgeries.

Kyle was so intense at one point of the trial, during the cross examination of the defendant’s orthopedic expert, that he nearly got a mistrial.  He was able to push through this moment of adversity and go on to win a great verdict for an even better client and his family. 

This case involved the first of many “brain damaged baby” cases Kyle has won.  This case has a special place in Kyle’s heart as it took over ten years of battling the City of New York due to claims of negligence against a major NYC hospital and obstetrician, whom Kyle claimed failed to diagnose and treat fetal distress during a tumultuous labor and delivery of his client.

The reason the case took so long was because initially the mother did not realize her child’s developmental delays (because he was so little) until approximately 6 months old, when she first contacted Kyle’s firm.  Because cases against the City of New York require a Notice of Claim to be filed within 90 days of the happening of the incident, Kyle had to bring a motion to serve and file a late notice of claim, which would go on to make precedent during an appeal that would take nearly four years to finally get decided.  

Not only did Kyle win the motion, and the appeal against the City’s appeals attorney (made famous for her work appealing the “big gulp” law in NYC), but Kyle was able to win this extremely difficult case in Court on behalf of the child and his mother.  This would allow the mom to finally move her disabled child from their five-story walk-up apartment, and receive around the clock care for her child.  

In this case, Kyle fought for a severely injured construction worker who was injured on the scene of a large construction site when the scaffolding he was working on suddenly gave way and he fell almost two stories down.  The client suffered severe spinal cord injuries and total disability. 

During this trial Kyle went up against one of the most revered construction law defense firms, who sought to misrepresent nearly every aspect of the accident and the seriousness of the injuries sustained. 

During this trial Kyle used for the first time in a 7-figure case the trial technology that would lead him to over a dozen subsequent multi million dollar verdicts, and he was able to convince a Bronx jury to award $17,000,000, and after post-trial motions the case was resolved for this amount. 

In this case Kyle brought an action against the United States of America in the Southern District of New York for their employees’ role in the wrongful administration of Perphenazine.  This drug is well known to cause severe and permanent neurological injuries including tardive dyskenesia, a severe neuro-muscular disorder that causes paralysis and abnormal movements in the face, arms and neck. 

Over the course of the trial Kyle was able to prove that the psychiatrist, whose first patient ever was Kyle’s client, failed to properly monitor his client despite administering high doses of this potentially devastating drug. 

In this case Kyle went up against one of the premier medical malpractice defense firms who represented the New York City Health and Hospitals Corporation, the owner of a large NYC Hospital system where the plaintiff’s labor and delivery took place.

At trial Kyle was able to prove that the high risk pregnancy should have been monitored and the baby delivered by an obstetrician instead of the midwife who ultimately delivered the baby.  Over the course of the trial Kyle was able to prove that despite multiple instances of severe fetal distress necessitating an emergency c-section, the hospital staff failed to perform emergency measures to save the fetus from hypoxic injury. 

The baby would be born profoundly brain damaged, suffering severe lower extremity hypotonia, was non verbal and suffered severe eating and gastrointestinal issues. Kyle would work around the clock with the family preparing them for trial, and he was able to ultimately get a great result for an incredible child. 

In this case Kyle and his firm represented the family of a 45 year old mother of two who underwent a total hysterectomy procedure at a NYC based hospital.  Despite orders by the hospital staff to institute compression boots post-operatively, the hospital staff moved the mother and never replaced the compression boots. 

This unfortunate error led to the woman developing a DVT in her lower leg, which embolized to her heart leading to a stroke and death.  This gut wrenching case was one of Kyle’s first 7-figure plus results and one he is extremely proud of considering the discovery portion of the case was so difficult. 

In this case Kyle’s client, a motorcyclist and mechanic, was on his way home from work when he encountered a major Bronx highway, which had recently been worked on by the defendant construction company.  During the course of litigation it was discovered that the roadway had been improperly resurfaces leaving behind 2 foot high mounds of dirt and concrete.

While traveling behind a tractor trailer Kyle had to show at trial that the motorcyclist was unable to see the impending danger and when his motorcycle hit the 2 foot high obstruction it caused him to be ejected from his bike, thrown nearly forty feet in the air, suffering severe and devastating wrist, arm and leg fractures, as well as a traumatic brain injury, 

This case was a horror show involving pediatric endocrinologist made famous for sexually abusing young boys for almost three decades in New York City.  Kyle was one of the pioneering attorneys of the Child Victims Safety Act in New York City, which retroactively opened up litigation against child sexual abusers for claims that would normally be well past the statute of limitations.

In this case Kyle was proud to represent an incredible 65 year old man whom nearly 50 years prior was one of the first children abused by this sinister physician at a major hospital in NYC.  Kyle was able to obtain copies of medical records that were five decades old, proving the horrific acts of this doctor and securing a fantastic settlement for his client. 

In this case Kyle was able to prove that his client, who was driving a Toyota Camry, was not at fault for a devastating collision on the highway involving an 18-wheeler tractor trailer. 

In this case Kyle’s client suffered severe neck, back and shoulder injuries leaving her partially disabled from her job as a nurse. 

At trial Kyle was able to recreate the accident scene by using 3-D accident imagery and incorporated google maps and site recreations to display the roadway at near exact measurements as it was on the day of the accident.  

This case involved a corrections officer whom on her way home from work was caused to slip and fall over a dilapidated and broken floor within a subway station in downtown Manhattan.

Despite over a year of complaints of this dangerous condition the MTA failed to repair the area leading to Kyle’s client shattering her elbow leading to Complex Regional Pain Syndrome, an extremely debilitating disorder whereby the body overreacts to a trauma leading to a horrible constant burning feeling at the injury site, which was permanent despite several corrective surgeries and a spinal cord stimulator. 

KYLE NEWMAN, ESQ.

Kyle Newman is a third-generation plaintiff’s personal injury trial attorney who has won more cases than any other U.S. attorney under 35 years old for serious injury and medical malpractice victims in New York.

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