Tania M. Pagan

• Mediation
• Personal Injury Litigation
• Medical Malpractice Litigation
• Appellate Practice

• New York, Appellate Division First Department 1990
• U.S. District Court Southern District of New York 1990
• U.S. District Court Eastern District of New York 1990
• U.S. District Court for the District of Puerto Rico and Hawaii, pro hac vice
• New Jersey State Courts, pro hac vice

• Syracuse University College of Law, Syracuse, New York – 1989
• SUNY, University at Albany- 1984

Recent/Noteworthy Obstetrical Malpractice Cases

• Moved for summary judgment for the plaintiff on liability and prevailed against an obstetrician who delivered a first-time mother unnecessarily by vacuum extraction causing sphincter damage injuries, fecal incontinence and requiring future surgery. Pre-trial negotiated a high seven figure settlement for the woman and a separate six figure settlement for the husband’s spousal derivative claim.
• Pre-answer negotiated a high six figure settlement with a hospital for nursing malpractice in connection with a mother’s Broadnax recovery for full term fetal demise.
• Pre-trial negotiated a high seven figure settlement for all primary and excess insurance available for an attending hospital obstetrician for failure to timely and properly diagnose and manage preterm labor causing extreme premature birth at 25 weeks and a cascade of newborn injuries including traumatic brain damage. Obtained court approval for the infant plaintiff’s NY Medical Indemnity Fund settlement, establishment of an Irrevocable Supplemental Needs Trust and appointment of a corporate fiduciary Trustee. The settlement included court approval of a six-figure award for the mother’s loss of services claim.
• Pre-trial negotiated a seven-figure settlement for an upstate NY woman against her obstetrician for unnecessarily performing fourth degree episiotomy and failure to properly repair causing sphincter damage injuries and fecal incontinence. A separate six figure settlement was negotiated for the husband’s spousal derivative claim.
• Pre-trial negotiated high six figure settlement with a hospital for a newborn with a brachial plexus injury caused by failure to timely or properly manage shoulder dystocia during labor and delivery. Obtained court approval for the infant plaintiff’s NY Medical Indemnity Fund settlement, establishment of an Irrevocable Supplemental Needs Trust and appointment of a corporate fiduciary Trustee.

Recent/Noteworthy Surgical Related Malpractice Cases

• Pre-trial negotiated a seven-figure settlement for a man in his thirties with history of perforated diverticulitis who was mismanaged by his general surgeon including precipitous take down of an ileostomy after a failed anastomosis causing a cascade of complications, infection, prolonged ostomy, and future surgery for definitive repair required.
• Pre-trial negotiated a high six figure hospital settlement for failed conventional anesthesia intubation in a woman undergoing large multi nodule goiter removal surgery, causing prolonged intubation and tracheal stenosis.
• Pre-trial negotiated a high seven figure settlement for a woman with history of hemorrhoidectomy causing a fistula that was improperly repaired by her general surgeon, resulting in fecal incontinence and the necessity of implantation of a sacral nerve stimulation device for bowel control.
• Defeated motions for summary judgment by the hospital and gastrointestinal doctors and pre-trial negotiated a high seven figure settlement in an upstate NY death action for the parents of an adult disabled woman with seizure disorder, who sustained a retro duodenal perforation during ERCP for bile duct stones. Surgical repair was improperly delayed and ultimately failed causing a cascade of post operative complications, infection, and septic shock due to bacterial pericarditis all causing death. Obtained Surrogate’s Court approval for allocation and distribution of the settlement proceeds of the woman’s estate.
• Pre-deposition negotiated a seven-figure settlement for an above knee amputation of a previously disabled man in his late sixties receiving methadone therapy. The amputation was necessitated by his orthopedic surgeon’s failure to timely diagnose, treat, and replace an infected total knee prosthesis.
• Pre-trial negotiated a high six figure settlement for a young woman with total nipple loss as a result of improper cuts for breast reduction surgery.
• Pre-trial negotiated a high six figure settlement for a woman with a failed total knee replacement and fracture in connection with delayed post operative manipulation, necessitating an extensive revision surgery.
• Pre-trial negotiated a mid-six figure settlement for a man who sustained a re-tear of his operated quadriceps tendon as a result of excessive manipulation during post operative physical therapy.
• Defeated motions for summary judgment by a hospital and cancer treatment providers and negotiated a high six figure settlement in a death action for the estate of a young adult man with osteosarcoma cancer that metastasized within three months of diagnosis as a result of failure to amputate the leg with massive tumor.
• Pre-trial negotiated a mid-six figure settlement for a NJ man with a shoulder replacement as a result of frozen shoulder after failure to recommend therapy instead of surgery with improper sling immobilization.

Recent/Noteworthy Emergency Department Malpractice Cases

• Pre-trial negotiated high seven figure settlement for the emergency department providers who prematurely extubated and failed to properly monitor a man with head injuries sustained in an assault, causing oxygen deprivation, seizures, irreversible profound brain damage and total disability. Obtained court approval for the appointment of a guardian for his person and property, the settlement, and establishment of a Trust. Arranged for transport to his homeland of Mexico by air medic transport, residence in a care facility, and dedicated surveillance of a physician/life care planner who served as a liaison between the residence, local family, and medical providers.
• Pre-trial negotiated high seven figure settlement for the emergency department providers who failed to timely or properly monitor and rule out stroke in a family man causing irreversible profound brain damage and total disability. Obtained court approval for the appointment of a guardian for his person and property, the settlement, and establishment of an Irrevocable Supplemental Needs Trust.
• Pre-trial negotiated a mid-six figure settlement for the emergency department nurse who failed to administer antibiotics as per orders, for a NJ tween girl in grave condition on presentation, causing her death within hours.

• Speaker:  “How to “T A L L K” to Your Doctor”  The Packer Collegiate Institute, May 2022
• Sponsor and Moderator:  “Vocal Dynamics for Lawyers: Using Your Voice for Impact and Influence”  NYSBA, October 2021
• Sponsor and Moderator: “Optimize Your Case for Mediation”  NYSBA, July 2021
• “Super Lawyers “ – Top Rated Lawyer

• American Bar Association
  • Dispute Resolution Section Member
  • Health Law Section Member
• American Health Law Association
  • Health Care Liability and Litigation Practice Group
• Association for Conflict Resolution Greater NY Chapter
• Brooklyn Women’s Bar Association
• New York City Bar Association
• New York State Academy of Trial Lawyers
• New York State Bar Association
  • Dispute Resolution Section Member
  • Health Law Section Member
  • LGBTQ Law Section Member
  • Torts, Insurance, and Compensation Law Section Member
  • Trial Lawyers Section Member
    • Co-Chair of the Arbitration and ADR Committee of the Trial Lawyers Section
  • Women in Law Section Member
• New York State Trial Lawyers Association
• New York Women’s Bar Association
• Women Trial Lawyers Caucus, Inc.