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$9.9 Million Settlement- Worker Falls From Scaffold on Construction Site

Congratulations to David H. Perecmen and Adam M. Hurwitz of The Perecman Firm, PLLC in New York, NY for the $9.9 million settlement they obtained on behalf of their client.  The plaintiff was a 45-year-old union laborer who suffered multiple­ injuries when he fell from a scaffold platform on a construction site in Brooklyn. 

The plaintiff and his coworkers were erecting a sidewalk bridge using a rolling scaffold.  The built-in ladder intended to be used to access the work platform had not arrived at the work site with the scaffold.  Therefore, in order to climb down from the scaffold platform, the plaintiff had to turn around with his back to the outside of the scaffold and step down to the rails on the side of the scaffold, utilizing the horizontal rails as “steps”.  As the plaintiff attempted to take his first step down from the scaffold, which was wet from a recent snow, his left foot slipped, causing him to fall 12 feet to the ground below.

The plaintiff was immediately taken to the hospital after his fall.  He suffered a fracture of the left calcaneus, which required open reduction and internal fixation.  He also sustained T-12 and L-2 compression fractures which were initially treated with medications and a brace.  He was later referred to a pain management facility for a series of facet, nerve block, and trigger point injections in addition to ongoing treatment with prescription medications for a period of years.  Still having unmanageable pain approximately three and a half years after his fall, the plaintiff had an intrathecal pain pump and catheter implanted.  He can no longer go to work and has difficulty sitting, standing, walking, or doing physically strenuous activity.

The plaintiff sued the owner of the construction site, as well as the general contractor.  It was alleged that the scaffold on which the plaintiff was working was defective due to the fact that he had not been provided with ladders or stairs, which would have provided him a safe means of getting onto and/or climbing off of the scaffold.  The defendants argued that the scaffold was safe and that a ladder had been available for the workers to use, though it was not located anywhere near the scaffold and had never been used by the plaintiff or any of the other workers.

Both parties agreed to settle prior to jury selection for a total settlement of $9.9 million.  Mr. Perecman and Mr. Hurwitz partnered with MediVisuals to develop exhibits that demonstrated the severity of their client’s injuries. The exhibits also illustrated the invasiveness and extent of the plaintiff’s surgical procedures and treatments.