Gerald C. Barton

Education

Fordham University School of Law, LL.B., 1959
New York University, B.S., 1956

Admissions

United States District Court, District of Connecticut, 1967
United States District Court, Southern and Eastern Districts of New York, 1960
State of New York, 1959

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N.Y. Attorney Biography

Mr. Barton has practiced law for over four decades since he founded Barton Barton & Plotkin, LLP in 1959. As a result of his notable court victories, he is recognized as a successful and reputable trial attorney nationwide. Mr. Barton has litigated numerous multi-million dollar cases to verdict. His achievements include the highest wrongful death award in the U.S. in 1991 and the largest personal injury award in the U.S. in 1980.

Mr. Barton's notable cases include a $25.6 million dollar verdict in Supreme Court, Bronx County in the wrongful death of a top executive of Clairol, Inc, which was the highest wrongful death award in the U.S. in 1991. Additional exceptional verdicts and substantial settlements include a $19.5 million dollar verdict in Supreme Court, Kings County, in a medical malpractice action in which a surgeon failed to properly monitor a female patient following gynecological surgery, resulting in brain damage and visual impairment; an $11 million dollar settlement in Supreme Court, Bronx County for a brain damaged baby at birth; a $6.6 million dollar verdict in the Court of Claims for a Brooklyn College student who was burned by an oxy-acetylene torch in the school's art studio resulting in third-degree thermal burns on 22% of his body; a $4.4 million dollar settlement during trial in Supreme Court, Queens County for a man whose leg was amputated below the knee after being run over by a forklift; a $3.7 million dollar settlement in Supreme Court, Nassau County for a brain damaged baby; a $2.9 million dollar jury verdict in Supreme Court, New York County for a man who was injured while working in a defective elevator; a $3 million dollar settlement in Supreme Court, New York County in a medical malpractice matter for an infant who suffered brain damage with an extremely shortened life expectancy; a $2.5 million dollar settlement during trial in Supreme Court, Rockland County for a 35-year-old man who suffered from chronic and unrelenting headaches after an improperly performed sinus surgery; a $2.1 million dollar settlement in Supreme Court, New York County for a medical malpractice suit involving a doctor who failed to properly monitor a premature infant, resulting in brain damage and cerebral palsy; and a $1.5 million dollar settlement during trial in Supreme Court, Westchester County for medical malpractice action where a 15-year-old suffered neurological impairment.

In recognition of Mr. Barton's trial skills, he serves on the Board of Directors (Emeritus) of the New York State Trial Lawyers Association. Due largely to Mr. Barton's success in the legal field, BB&P has been awarded the prestigious status of Member of the Legal Referral Service of The Association of the Bar of the City of New York. Mr. Barton's additional professional memberships include the American Bar Association, the American Trial Lawyers Association and the New York State Bar Association.

Mr. Barton enjoys a reputation as an expert legal commentator and has conducted various seminars for the New York State Trial Lawyers Association regarding jury selection, aspects of jury trial and personal injury/medical malpractice suits. He is also widely published on matters of personal injury and medical malpractice law.

Representative Cases

$26.2 million verdict in an automobile accident case for the death of a husband and father of three children and for serious injuries suffered by his wife.

$19.6 Million Dollars verdict in a medical malpractice action where a surgeon failed to properly monitor a female patient following gynecological surgery, resulting in brain damage and visual impairment.

$11 million settlement against a New York City hospital and obstetrician for failing to properly manage the pre-natal, birth and neonatal periods, resulting in brain damage and cerebral palsy; immediately following his birth, the infant involved in this case developed hypoglycemia (low blood sugar), which was not timely diagnosed nor treated, causing bleeding in his brain with seizures, brain damage and cerebral palsy.

$6.6 Million Dollar verdict in the Court of Claims for a student at Brooklyn College who sustained 2nd and 3rd degree thermal burns over 22% of his body when the clothing he was wearing caught fire while he was using a welding torch during a independent study class.

$4.4 million Dollar settlement for a 32 year old male whose leg was amputated below the knee after being run over by a forklift.

$3.125 Million Dollar settlement against a New York City hospital for failing to properly monitor a 5 month old baby who was being treated for burns sustained from excessively hot water in his apartment; due to the failure to monitor his condition, the baby became dehydrated and suffered multiple organ failure; he now has a very limited life expectancy.

$2.9 Million Dollar verdict in Supreme Court, New York County for a 27 year old male worker who was injured while working on a defective elevator, resulting in a crush injury to his heel.

$2.6 million settlement with an anticipated total payment of more than $3.75 million in a car accident lawsuit for a young woman who suffered a broken leg and required surgery

$2.5 Million Dollar settlement in a medical malpractice action for a 25 year old male whose leg was amputated above the knee when his doctor failed to timely diagnose post-operative complications after undergoing calf implant surgery.

$2.5 Million Dollar settlement reached during the trial of a medical malpractice case in Supreme Court, Rockland County for a male who suffered a fracture of his cribriform plate, a bone located in the head just below the brain, due to an improperly performed deviated nasal septum surgery.

$2.26 Million verdict in Supreme Court, Bronx County in a lawsuit for a construction worker who fell off a scaffold and suffered a broken right leg and right elbow with surgery.

$2.2 Million Dollar settlement in a medical malpractice case for a child who suffered brain damage due to the hospital's failure to timely diagnose and treat the infant's medical condition.

$2.0 Million Dollar settlement for a medical technician who was accidentally stuck by an improperly disposed of needle that had previously been used on an HIV positive patient; although this medical technician never developed the HIV virus, he suffered an allergic reaction called Stevens Johnson Syndrome to the medication he was required to take to prevent the development of the HIV/AIDS virus ultimately causing him to become legally blind.

$2.0 Million Dollar verdict in Supreme Court, Kings County for a 28 year old female who was injured as a front seat passenger in a motor vehicle accident resulting in brain damage and multiple facial lacerations.

$1.975 Million Dollar settlement for two children who sustained lead poisoning in a City apartment.

$1.9 Million Dollar settlement for the wrongful death of a 9 year old girl who received a blood transfusion in 1984 which was contaminated with the HIV virus-before blood testing for the HIV virus became available.

$1.85 Million Dollar settlement in a medical malpractice case for the failure to timely diagnose breast cancer.

$1.2 Million Dollar verdict in an automobile accident for a pedestrian crossing a major roadway and was struck by a motor vehicle.

$810,000 settlement for 8 year old boy who fell out of a 3rd floor window. No window guards were installed as required by law.

Testimonials

"You and Mr. Barton were patient and understanding and gave me the much needed help that I had been seeking. I am writing to thank you both for your kindness and consideration."

"THANK YOU for guiding us in the right direction and for being very honest with us. We were very pleased with the outcome, knowing that [our daughter] will be taken care of for the rest of her life."

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