Practice Areas: Personal Injury
Licensed in New York since: 1984
Education: New York Law School
Selected to Super Lawyers: 2022 - 2023 
Free Consultation Mitchell Kessler
7 Pennsylvania PlazaSuite 720
New York, NY 10001 Phone: 212-268-2677 Email: Mitchell D. Kessler Visit website
Details
I am a Plaintiff's Personal Injury Lawyer, licensed to practice in New York since 1984. I work directly and personally with each individual client, to maximize the financial compensation for their injuries. I have achieved all levels of settlements and verdicts, including those well above a million dollars. My settlements over the decades add up into the tens of millions of dollars. I was the Moot Court champion at New York Law School, receiving the awards for Best Oralist, Best Brief and Best Team. I have appeared in the New York Law Journal, including the front page. I have authored the book, May It Please The Court, A Lawyer's War Stories. I have tried cases in the Bronx, Brooklyn, Manhattan and Queens. I have briefed and argued appeals in New York's Appellate Division, and our highest court, the New York Court of Appeals.
First Admitted: 1984, New York
Professional Webpage: https://www.mitchelldkesslerlaw.com/
Educational Background:
- Juris Doctor, New York Law School, 1983
- Bachelor of Arts, Harpur College (SUNY Binghamton), 1980
Scholarly Lectures/Writings:
- A review of the different types of malpractice which may occur in breast plastic surgery., Author of Article, Mastoplasty Malpractice, Bill of Pariculars (Magazine of New York State Trial Lawyers) 2014, Volume 1., Plaintiffs' Trial Lawyers, 2014
Other Outstanding Achievements:
- Front page cover story: "Claims of Failure to Detect Lung Cancer Can Go Forward". My successful appeal to the Appellate Division, First Department, was covered on the Front Page of the New York Law Journal on February 20, 2020. A judge in Supreme Court, New York County, had dismissed most of my client's claims in a failure to diagnose cancer case. After I briefed and argued the appeal, the Appellate Division, First Department restored the heart of the claim. The decision was front page news. The outcome also made it possible to settle., 2020
Pro bono/Community Service:
- South Shore Theatricals. A small theater company with no assets was sued as a third party defendant in a personal injury action. I am currently acting as its pro bono defense counsel., 2022
- Community Service. I am now Second Vice President, Plainview Jewish Center Mens Club. Recognized as a Quality Club by the New York Metropolitan Region Federation of Jewish Mens' Clubs, our club has about 100 members. We hold year round activities to foster camaraderie, to serve the needs of the synagogue, and to feed the hungry in our community. We raise money through multiple well attended events, such as an annual Musical Theater production, (in which I also act), Texas Hold-em, raffles, and membership dues. As an Executive Board member, I attend regular Executive Board meetings, General Board Meetings, and also volunteer to help out at events. As Second Vice President, it is planned by the Board that I become Vice President of the club in two years, and President in four., 2022
Verdicts/Settlements:
- I settled a failure to diagnose cervical cancer case on the trial calendar in Bronx County. $1,200,000. Two gynecologists ignored an abnormal Pap smear, causing cervical cancer to advance from Stage I to Stage III., 2023
- A hospital and obstetrician injured an infant in childbirth. Substandard delivery and failure to perform a caesarian section caused a shoulder dystocia. This resulted in permanent partial brachial plexus injury and a clavicle fracture surgically repaired. I settled the action for $800,000, including a credit for the infant in the Medical Indemnity Fund., 2022
- Bronx County. A first time mother had a Cesarian section delivery. Defendant surgeon/hospital failed to properly close up her uterus, causing massive internal infection, endometriosis, adhesions and fallopian tube damage. She will need additional surgery and may be limited to future IVF pregnancies. Settlement: $760,000, 2022
- Bronx County. A premature baby, born at 25 weeks, returned to the hospital 4 months later for a hernia surgery. The hospital negligently released him after surgery with a fever. As a result, he stopped breathing at home, was resuscitated by EMS, and re-hospitalized. He alleged resulting mild brain damage. It was necessary to prove causation and distinguish his post operative hypoxic episode brain injury from any brain injury inherent in premature birth. I retained an expert who prescribed a CT scan. The expert read the CT scan to explain how the brain damage from hypoxia could be differentiated from prematurity. Settlement: $500,000, 2021
- Bronx County. A two year old girl's diagnostic spinal tap caused internal bleeding which went undetected and untreated. After less than a day of pain and suffering in the hospital, evidenced by grimacing and crying, she died. Settlement: $425,000, 2021
- Nassau County. A middle aged man had a four episodes of back pain, all close in time. Each time, he visited the same emergency room. Each time, the emergency room examined and released him. He was, in fact, suffering from a growing thoracic spine infection, which on his last ER visit, was shown to have destroyed his thoracic spine. The infection was now incurable. After months admitted to the hospital, he died. He left a wife and three daughters. He had a very low income. Settlement: $600,000., 2020
- Bronx County. A general practitioner physician failed to diagnose a middle aged man's prostate cancer over a long period of time, despite signs and symptoms such as rising PSA and urinary blockage. Finally, he was diagnosed with advanced prostate cancer. The man suffered and died. He had been gainfully employed as a laborer, and left three adult children. Settlement: 1.3 Million dollars., 2018
- Nassau County. A retired man in his 70s had a routine surgery to remove an intestinal blockage. While admitted to the hospital, he developed an unrelieved ilius and renewed blockage. He was comfortable at for the first few days of his one week admission, but he spent the last three hospital days in pain. The food was not moving through his intestines. The surgeon and hospital had failed to diagnose or relieve his condition, while continuing to feed him solid food. As a result, on the seventh day, while unattended, he vomited and aspirated his own stomach contents into his trachea, suffocated and died. The trauma team was too late. He left a spouse and three adult children. Settlement: $470,000., 2017
- Nassau County. A fully independent and active retired 85 year old slipped and fell on water in a restaurant. He suffered a small pelvic fracture, but soon had internal bleeding of indeterminate cause, remained in hospitals and nursing homes for several months, then died. I located the non party witness to the accident and took his statement. He then appeared for deposition. I retained a gerontologist who established a causal connection between decedent's fall, his later infirmity, and death. For an 85 year old who falls, all the health dominoes fall, too. He left two adult children. Settlement: $500,000., 2016
Representative Clients:
- Bronx County. A first time mother had a Cesarian section delivery. Defendant surgeon/hospital failed to properly close up her uterus, causing massive internal infection, endometriosis, adhesions and fallopian tube damage. She will need additional surgery and may be limited to future IVF pregnancies. Settlement: $760,000, 2022
Industry Groups:
- Private individuals from all walks of life.
Office location for Mitchell D. Kessler
7 Pennsylvania Plaza
Suite 720
New York, NY 10001
Selections
2 Years Super Lawyers
- Super Lawyers: 2022 - 2023