Paul M. da Costa Secures $1 Million Settlement

Partner, Paul M. da Costa, recently secured a $1 million settlement for his client in a case where the plaintiff alleged that his penile cancer was not timely diagnosed and treated.  Plaintiff claimed that the defendant urologist should have done a biopsy of his penile lesion, which would have resulted in a diagnosis of cancer and a likelihood that a partial penectomy could be avoided.  The defense asserted that the plaintiff was told to return in thirty days to undergo a biopsy, but the plaintiff failed to return for eight months.  Thus, the defense argued that the plaintiff was to blame for the delay in diagnosing and treating his penile cancer.  

Paul was retained by the client after expert reports had already been exchanged by the parties based on his reputation as one of the leading medical malpractice trial attorneys in New Jersey.  The defense was refusing to settle the case for anything close to the $1 million in available insurance coverage prior to Paul substituting into the case as counsel.  Paul deposed the defendant’s urology standard of care expert, and he was able to get the expert to make several admissions that the defendant had acted negligently in his care and treatment of plaintiff.  After refusing to accept a penny less than the $1 million in insurance coverage, and preparing to move forward with trial, the defense ended up offering the $1 million insurance policy three days before trial was scheduled to begin.

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