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KGG Obtains $1.4 Million Medical Malpractice Verdict

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jul 23, 2026

Read Time: 3 mins

Have you experienced injuries because of poor healthcare? You should be aware that you could hold your doctor or provider liable if you have been the victim of medical malpractice.

KGG recently obtained a $1.4 million verdict for a 12-year-old girl who was injured during bunion surgery in June 2010 at Nyack Hospital. The jury found that podiatrist Ira Bernstein, negligently performed a surgical procedure on the young plaintiff whose growth plates were still open. The operation resulted in fusing her first metatarsal growth plate and as the rest of her foot grew, she developed a significant deformity and difficulty walking.

Attorney Barry Kantrowitz successfully argued that Bernstein departed from the accepted standard of care when he prematurely fused the girl’s plate. The doctor claimed that the child was “skeletally mature” at the time of the operation, but Kantrowitz established that the child went through 2 growth spurts after the operation, shooting up over 6 inches by the time of trial. As the rest of her foot and body grew, the fused first metatarsal couldn’t and her gait was significantly altered. Experts opined that she would need future salvage surgery to improve her foot.

During the trial, Kantrowitz proved the girl was active in organized and competitive sports prior to surgery but her injuries have now left her unable to participate. More than a dozen witnesses, including eight doctors, testified during the trial, which took place in New York State Supreme Court, Rockland County.

The jury also heard evidence that Bernstein altered, destroyed or failed to produce records when he learned about the injury claim, and that he billed the victim’s parents in excess of $62,000 in retaliation for the lawsuit.

The jury concluded that Dr. Bernstein was negligent in the manner in which he operated on the child and awarded the victim $275,000 for past pain and suffering, and $1,116,666 for future pain and suffering over her 64 year life expectancy.

The trial attracted media attention locally, as LoHud.com wrote a story about the verdict.

It should be noted that in May 2014, another victim was awarded $775,000 after a jury found that Bernstein performed surgery on her when she was a teenager, leaving her unable to stand without pain.

Obtaining a Successful Malpractice Verdict

As this case shows, our attorneys have obtained successful verdicts in medical malpractice litigation. These cases have included instances of surgical errors, misdiagnosis and failure to obtain informed consent.

KGG is proud to help injured patients recover from negligent doctors. To see our success in other personal injury cases, you can visit our verdicts and settlements page.

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. – Injury Lawyers

KGG’s Corner: A New England Journal of Medicine study found that settlements occur in about 61 percent of all medical malpractice cases.

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Client Reviews

    
 
 
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   LWelsh 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 43 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 107 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 122 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 158 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 168 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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KGG Obtains $1.4 Million Medical Malpractice Verdict

Obtaining a Successful Malpractice Verdict

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey