Top Litigators Team Up to Achieve Largest Personal Injury Verdict in History of Franklin County for Plaintiff

MALONE, NY (11/01/2011)(readMedia)--


A New York State Supreme Court jury in Franklin County, New York awarded an unprecedented $2.9 million dollar verdict to a Fort Covington couple for injuries that Kathryn Brethour sustained when an X-ray keypad fell on her head while she was undergoing a routine barium swallow at Alice Hyde Medical Center.


On October 28, 2011, a six-person jury, consisting of one man and five women, returned a verdict in the State of New York Supreme Court, County of Franklin in favor of Kathryn and John Brethour. The verdict awarded them a total of $2,850,000 which included $1.8 million for future medical costs and over $1 million for pain and suffering and loss of earnings.

The Brethours were represented by attorneys Lawrence Elmen of the law firm of Fitzgerald Morris Baker Firth and Stephen R. Coffey of O'Connell and Aronowitz in a two week trial in Malone. At trial, the Alice Hyde Medical Center contested both the negligence and the brain damage sustained by Mrs. Brethour. In the verdict, however, the jury rejected the hospital's defenses and found that Mrs. Brethour suffered permanent brain damage as a direct result of the hospital's negligence in causing the accident.

Lawrence Elmen and his partner, John D. Aspland, Jr., manage their firm's seven-lawyer litigation department, which represents clients in Federal and State courts throughout New York. When asked about the jury's award, Elmen stated, "Steve and I are both deeply honored that Kathryn trusted us to represent her and will now receive the medical care that she deeply deserves and requires for her traumatic brain injury."

Stephen R. Coffey, along with his partners Pamela A. Nichols and Thomas J. DiNovo, leads one of the most successful injury practices in upstate New York. When asked about his experience in co-counseling with Mr. Elmen, Coffey stated "Mr. Elmen is one of the most dynamic litigation attorneys in the upstate area."

Trial Counsel:

Lawrence Elmen, Esq., Fitzgerald Morris Baker Firth, PC of Glens Falls, New York

Stephen R. Coffey, Esq., O'Connell and Aronowitz of Albany, New York

Case Title: Brethour v. Alice Hyde Medical Center

Index #: 2003-1147

State of New York Supreme Court County of Franklin

Judge Hon. David Demarest

Verdict Date: October 28, 2011

Verdict Amount: $2,850,000

For additional information, contact:

Stephen R. Coffey

O'Connell and Aronowitz

54 State Street

Albany, NY 12207

Cell: (518) 441-9814

Tel.: (518) 462-5601

Fax: (518) 462-2670

Web site:

Fitzgerald Morris Baker Firth, P.C. is a regional law firm with 16 attorneys that serve clients throughout Northeast New York in all areas of the law. For more information on how they can serve your legal needs, visit their Web site at, or call (518) 745-1400.

O'Connell and Aronowitz is one of the Capital Region's largest, broad-service law firms. With more than 35 attorneys and offices in Albany, Saratoga Springs and Plattsburgh, it has been serving clients and the community since 1925. If you have any questions about the law firm or its services, please contact Jeffrey J. Sherrin, President, at (518) 462-5601, ext. 3306.

# # #