Frank S. Gaudio

Attorney Profile

Top Rated Medical Malpractice Attorney in Red Bank, NJ

Miller & Gaudio, P.C.
104-110 Maple Avenue
Red Bank, NJ 07701
Phone: 732-741-6769
Fax: 732-747-6016
Selected to Super Lawyers: 2009 - 2021
Licensed Since: 1983
Practice Areas: Personal Injury - Medical Malpractice: Plaintiff (40%), Personal Injury - General: Plaintiff (30%), Workers' Compensation: Claimant (30%)
Languages Spoken: English, Italian


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Attorney Profile

Litigation of complex medical malpractice , as well as catastrophic personal injuries.

Certificates and Credentials

About Frank S. Gaudio

Admitted: 1983, Pennsylvania

Professional Webpage:


  • $3,500,000 JUDGMENT. Proof Hearing after default and Judgment entered on March 27, 2007. Infant Sexual Abuse - Defendant father abuses his two children ages 10 and 11 at the time over a period of two years. Subsequently, he also abuses child of girlfriend on one occasion. Post-traumatic stress disorder diagnosed. All three infants received therapy. Reports issued by Toni Nokes, L.C.S.W. $3,000,000 RECOVERY - Medical Malpractice - Defendant nurse/midwife temporarily detaches fetal monitor despite signs of fetal distress - Precipitous drop of fetal heart beat when mother is placed on monitor again - Failure to follow hospital protocol requiring presence of attending physician once it is apparent that surgical delivery will be needed - Hypoxic ischemic encephalopathy spastic quadriplegia - Profound mental retardation. $2,800,000 RECOVERY - Husband of defendant administratrix shoots and kills brother-in-law and his wife after losing NY Civil Action in business dispute - Killer then commits suicide - Misrepresentation to probate court that estate had assets of under $20,000. $836,000 (LIMIT OF ERODING POLICY) RECOVERY - Failure to perform surgery between post-hysterectomy differential diagnosis of bowel obstruction and transfer to subsequent nonparty hospital 19 days later - Wrongful death. $650,000 RECOVERY - Medical Malpractice - Failure of graduate nurse anesthetist to properly apply pressure to cricoid cartilage of trachea after esophageal intubation - aspiration of particulate matter - ARDS - Death of 45-year-old widow - Informed consent issue relating to initial attempt at intubation by nurse anesthetist. $600,000 RECOVERY - Plaintiff overnight guest falls down approximately 14 steps because of allegedly dangerous stairway leading to basement - Skull fracture and severe cognitive deficits - Premises rented by defendant from co-defendant homeowners association - Failure to warn - Inward opening of basement door forces plaintiff to turn around to begin descending basement stairs - Premises "Grandfathered" from current code prohibiting such design - Defendant would have pointed to extensive alcohol consumption by plaintiff earlier in evening. $400,000 RECOVERY - Medical Malpractice - Failure to properly manage anticoagulation therapy when patient with history of valve replacement requires surgery to remove mole - Stroke. $325,000 RECOVERY - Rear-end collision - Closed head injury - Mild traumatic brain injury with cognitive deficits - Cervical nerve root irritation - Inability to continue career as operating room technician. $300,000 RECOVERY - Fall Down - Failure to provide adequate maintenance to area of condo parking lot in which drainage was slow, causing ponding of water - Plaintiff slips on ice - Comminuted shoulder fractures. $300,000 RECOVERY - Failure to adequately supervise - Failure to adequately train - Sexual abuse by Jr. High School teacher - PTSD. $300,000 RECOVERY - In this case, a one-time township employee claimed she was sexually harassed by the former township building inspector for six years. The alleged abuse started in March 2005 when she worked as a housing inspector for the township building department. Plaintiff protested the defendant's actions, but continued to be harassed up to the point where she filed the complaint in 2011. $300,000 RECOVERY - Psychological malpractice - Boundary violation - Sexual contact - Fear of therapy suffered by patient with multiple personality disorder. $280,000 PRESENT VALUE RECOVERY PLUS WAIVER OF COMPENSATION LIEN - Defendant homeowner's dog nips at plaintiff as he is delivering shelving at request of pharmacy employer who is defendant's son - Plaintiff jumps five to eight feet from deck to escape dog - Fracture dislocation to right ankle - Post-traumatic stress disorder. $250,000 RECOVERY PLUS WITHDRAWAL OF ALLEGEDLY RETALIATORY DISCIPLINARY CHARGES BROUGHT AGAINST PLAINTIFF, ENABLING HER TO PURSUE DISABILITY APPLICATION LAD Case - Assault - Hostile work environment - Emotional distress suffered by female corrections officer. $215,000 RECOVERY PLUS COMPROMISE OF COMP LIEN FROM $165,000 TO $80,000 - Dangerous exterior stairway at building owned by plaintiff's employer's landlord - Absence of adequate lighting - Fall as plaintiff leaving work - Cervical herniation necessitating discectomy and fusion. $187,500 PRESENT VALUE RECOVERY - Negligent failure of police officers to provide supervision in cell following arrest for stabbing ex-wife - Decedent commits suicide by hanging himself. $173,000 RECOVERY - Failure to stop at stop sign - Severe nasal fracture and deviated septum - Partial tear of anterior cruciate ligament. $170,000 RECOVERY - Premises Liability - Negligent Maintenance - Negligent repair following removal of sign from parking lot - Surrounding surface deteriorates and stump is exposed - Plaintiff customer falls - Tear of dominant rotator cuff - Arthroscopic surgery - Nerve damage causes slight tremor - Limitation on part-time work. $120,000 RECOVERY- Sexual harassment - Allegations of hostile work environment and quid pro quo harassment from direct supervisor - Emotional distress. $100,000 Policy Limits Recovery Following Denial of Defendant's Motion For Summary Judgment on Verbal Threshold - Rear-end collision - Plaintiff concedes that he was struck when defendant was traveling at less than 10 mph - Cervical herniation suffered by plaintiff previously undergoing cervical fusions at levels above and below area herniated in subject accident - Lumbar herniation allegedly caused by accident. $90,000 RECOVERY - Hazardous Premises - Failure to stop at stop sign - Aggravation of previously asymptomatic degenerative disc disease in lumbar and cervical areas - Extensive restrictions to L.P.N. $75,000 RECOVERY - Psychiatric Malpractice - Negligence occurs in 1970s - Condition of Alexithymia allegedly precludes plaintiff from ascertaining potential fault of defendant - Case settles prior to hearing on motion to dismiss for failure to file within Statute of Limitations. $72,500 RECOVERY - Legal malpractice - Failure to name family physician who misdiagnosed pseudo-aneurysm in leg after cardiac catheterization as a defendant - Continued bleeding into area of muscle - Peripheral neuropathy suffered by plaintiff diabetic. $72,500 RECOVERY - Defendant operating cabin cruiser strikes day marker in Cape May Harbor - Plaintiff passenger falls forward into boat's cabin - Bilateral cervical facet syndrome - Borderline carpal tunnel syndrome. $65,000 RECOVERY - Failure to maintain exterior stairway leading to hotel - Portion of step collapses - ACL Tear superimposed on pre-existing knee arthritis. PLAINTIFF'S VERDICT - PIP Suit - Aggravation of pre-existing disk injuries necessitating prior surgeries - Subsequent laminectomy and physical therapy - Medical bills of approximately $55,000. $50,000 RECOVERY VS. MOLESTER'S WIFE $750,000 default judgment against incarcerated molester - Sexual abuse of child - Emotional distress. $40,000 RECOVERY - Failure to perform total hysterectomy/oophorectomy and obtain pelvic washings upon finding of ovarian mass - Need for subsequent surgery to properly stage ovarian cancer - No claim that alleged deviations worsened prognosis of patient diagnosed with Stage 2 cancer and who has remained cancer free for seven years. $40,000 RECOVERY - Employment Discrimination/Civil Rights Statute - Plaintiff nurse allegedly terminated from employment as nurse at long-term facility several days after commencing work because of racial and religious reasons. $30,000 RECOVERY - Removal of excessive amount of cartilage during sinus surgery - Cosmetic injury involving flattening of bridge of nose which is correctable. $30,000 RECOVERY - Multi-vehicle rear end collision - Soft tissue injuries and cervical bulge without impingement. $30,000 RECOVERY - Left turning defendant - TMJ dysfunction - Loss of tooth - slight cosmetic bump on forehead. $20,000 RECOVERY - Plaintiff former tenant trips and falls in apartment complex - Avulsion fracture to radial head on dominant hand - Plaintiff returns to work as a hairdresser five weeks post-accident.
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Office Location for Frank S. Gaudio

104-110 Maple Avenue
Red Bank, NJ 07701

Last Updated: 10/20/2020

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