Blog Subscribe to ou RSS Feed

Birth Injuries

Cerebral Palsy

Fetal Distress

Failure to perform Emergency Caesarian Section (C-Section)

Oxygen Deprivation / Meconium Aspiration

Pregnancy Induced Hypertension / Preeclampsia

Pregnancy Induced Diabetes

Protracted Labor

Labor Induction

Pitocin

Placenta Previa

Placenta Abruption

Prenatal Infections

Severe Newborn Jaundice

Brachial Plexus/Erb’s Palsy

Clavicle Fractures

Medical Malpractice

Misdiagnosis / Delayed Diagnosis

Medication Errors

Failure to diagnose cancer

Colon / Bowel Surgery / Perforated Diverticulitis

Surgical Mistakes

Anesthesia Errors

Failure to Provide Informed Consent

Nursing Home Abuse & Neglect

Plastic Surgery

Traumatic Injuries

Auto Accidents

Roll Over Accidents

Seat Belt Injury Victims

Defective Vehicle Accidents

Construction Accidents

Scaffolding accidents

Unsafe Workplace

Ladder Accidents

View All

Library

Cerebral Palsy

Medication Errors

Unsafe Workplace

Ladder Accidents

Scaffolding accidents

Auto Accidents

Defective Vehicle Accidents

Seat Belt Injury Victims

Roll Over Accidents

Misdiagnosis / Delayed Diagnosis

Birth Injuries

Fetal Distress

Failure to diagnose cancer

Medical Malpractice

Failure to perform Emergency Caesarian Section (C-Section)

Colon / Bowel Surgery / Perforated Diverticulitis

Traumatic Injuries

Construction Accidents

Oxygen Deprivation / Meconium Aspiration

Surgical Mistakes

Pregnancy Induced Hypertension / Preeclampsia

Anesthesia Errors

Pregnancy Induced Diabetes

Failure to Provide Informed Consent

Protracted Labor

Nursing Home Abuse & Neglect

Labor Induction

Pitocin

Placenta Previa

Plastic Surgery

Placenta Abruption

Prenatal Infections

Severe Newborn Jaundice

Postpartum Hemorrhage

Brachial Plexus/Erb’s Palsy

Umbilical Cord Entrapment

Clavicle Fractures

General

View All

Tania M. Pagan

List All Members | General:

The Pagan Law Firm, P.C.

Tania M. Pagan

The Pagan Law Firm, P.C.
805 Third Avenue, Suite 1205
New York, New York 10022

Tania M. Pagan is widely recognized for her skills as an aggressive litigator and talented appellate lawyer. A multi-faceted and accomplished attorney, she brings the firm twenty years experience in practice areas of complex medical malpractice, municipal liability, labor law construction accidents and general negligence matters.

 

She's been described as a "disarming negotiator" and is the firm's leading attorney for major case settlements having settled thousands of cases on behalf of individuals including those on behalf of totally incapacitated persons, brain damaged babies and children requiring life care planning and wrongful death actions in the multi-multi-millions of dollars. Mrs. Pagan is well experienced in obtaining court approval in complex infant compromise and death proceedings including having fostered the establishment of specialized trust agreements and annuity benefits ensuring millions of dollars often in lifelong future payments for injured children and individuals with special needs or disabilities.

 

In litigation, Mrs. Pagan's preparation and breadth of experience is invaluable and yields success time and again for top dollar pre-trial settlement or alternatively provides a bedrock foundation upon which highly successful trial strategies are executed. She has skillfully deposed countless fact witnesses and medical and engineering witnesses and experts nationwide.

 

Her knowledge and experience as litigator distinguishes and complements her passion for appellate practice. Having handled over fifty appeals statewide in State and Federal appellate courts, including New York's highest court the Court of Appeals, Mrs. Pagan is a sharp and successful advocate advancing the rights of her clients on paper alone and in the uniquely intense arena of appellate argument. Some recent highlights of her distinguished appellate practice include:

 

  • Zoraida Montalvo, Individually and as Administratrix of the Estate of Juana Montalvo Colon v. Carlos Gonzalez-Amparo, M.D., et.al. (United States Court of Appeals for the First Circuit, 2009; oral argument held in Puerto Rico). Mrs. Pagan represented the plaintiff on appeal in this medical malpractice death action venued in the United States District Court for the District of Puerto Rico. Plaintiff sought damages under the laws of Puerto Rico for alleged malpractice spanning years and involving over one dozen doctors who all retained separate law firms to defeat plaintiff's claims of failing to timely diagnose lung cancer. On appeal, Mrs. Pagan successfully obtained a complete reversal of the federal trial court that had dismissed plaintiff's case on procedural grounds. Mrs. Pagan illuminated on appeal, notably for the first time in the history of the case, controlling Puerto Rican law which had not been raised or applied at any time prior to the appeal and convinced the United States Court of Appeals for the First Circuit to apply the controlling law and reinstate all of plaintiff's claims for damages. The terms and conditions of a settlement agreement that Mrs. Pagan forged after the unanimous appellate victory are confidential and cannot be published.

 

  • Sandy Santana v. The City of New York (Appellate Division, First Department 2008). Mrs. Pagan successfully defended a plaintiff's verdict on liability obtained by her partner, William Pagan on behalf of a teenage bicyclist who struck a raised metal bollard pole sleeve in a city park pathway and fell suffering a devastating skull fracture and brain injury all requiring emergent surgery and causing residual effects of brain damage including memory impairment and cognitive deficits. The City of New York contended that since it did not have prior written notice of the dangerous condition prior to the accident as required by law, plaintiff's claims must have been dismissed at trial. However, the appellate court unanimously agreed with Mrs. Pagan's arguments that this case is an exception to the prior written notice law since the city affirmatively created the dangerous condition itself; this in light of the trial evidence that showed that park workers regularly removed the bollard poles themselves and failed to properly maintain the metal bollard sleeves, including the failure to upkeep the sleeve with visible hazard paint, and thereby created the hazard for which the jury properly found 100% liability. After Mrs. Pagan successfully upheld plaintiff's verdict on appeal, the firm successfully negotiated a $1.5 Million Dollar settlement with the City of New York.

 

  • Manuel Galarraga v. The City of New York (Appellate Division, Second Department 2008). Where the plaintiff was an asbestos worker who banged his head on overhanging pipes while in the course of his employment and sustained a closed head injury because he was not given a hard hat as required by law, Mrs. Pagan successfully defended on appeal a half million dollar judgment in favor of the plaintiff grounded upon plaintiff's verdict on liability and damages at trial obtained by her partner, William Pagan. The court unanimously agreed with Mrs. Pagan on the appeal that arguing the violation of law for failing to provide a hard hat was proper at trial and the damages awarded were not excessive. Following the appeal, the City of New York promptly paid plaintiff's judgment in full.

 

  • Orlando Mendez, an infant by his mother and natural guardian Lucia Gomez v. Dr. John White, etc., et al., defendants, New York Methodist Hospital, respondent (Appellate Division, First Department 2007). Mrs. Pagan successfully appealed an Order of the Kings County Supreme Court, obtaining a unanimous reversal of the Order which had dismissed plaintiff's claims as against the defendant hospital. In this case, a newborn at the defendant hospital was born with a profound birth defect of anal malformation and required immediate emergent surgery to divert passage of stool to prevent contamination and death. The defendant surgeon was immediately presented by the hospital to the baby's parents and he outlined on the baby's first day of life three surgeries to occur: the first and immediate surgery of a colostomy to divert stool and two additional surgeries after one year of age to construct an anus and later a takedown procedure of the colostomy and reconnection of the colon. The parents agreed and the defendant surgeon initially provided by the hospital completed all three surgeries over time as he planned on day one of the baby's life. Following the first surgery the baby was plagued with urinary tract infections and other problems. When the third surgery completely failed and the anastomosis fell apart leaking feces throughout the baby's abdomen threatening his life, the parents ultimately sought legal advice of The Pagan Law Firm, P.C. Investigation revealed that the surgeries were done improperly and caused damages including defect and misplacement of the created anus causing bowel incontinence, permanent bladder and nerve injury and failed anastomosis causing lethal infection. Multiple corrective surgeries were required. The defendant surgeon and hospital were sued. However, the hospital contended on a motion to dismiss that it was not vicariously liable for any acts or omissions of the surgeon after the surgery performed on the first day of the baby's life; the hospital claimed that the surgeon was not its employee and the baby became the surgeon's private patient. Depositions and discovery propounded by Mrs. Pagan during litigation, however, revealed that the baby was at all times a patient in the hospital clinic office that the surgeon staffed, that the baby was never seen at the doctor's private office and no person, including the surgeon, had ever informed the parents that the baby was a private patient of the doctor as opposed to a hospital service patient at all times. The appellate court unanimously agreed with Mrs. Pagan on the appeal that viewing the evidence through the eyes of the parents, the baby was at all times a patient of the doctor provided by the hospital who acted as the hospital's ostensible agent in providing surgical care and consultation even more than one year after birth. Accordingly, the appellate court agreed that whether both the surgeon and the hospital were liable for damages was for the jury to determine. After the successful appeal, Mrs. Pagan negotiated a settlement for the infant funding his lifelong needs, the terms of which are confidential and cannot be published.

 

 

 

Mrs. Pagan entered college at the age of sixteen and is a 1984 graduate of SUNY Albany where she majored in English and minored in Psychology. After backpacking through Europe, she attended Syracuse University College of Law and graduated in 1989 becoming a member of the New York State Bar immediately thereafter in 1990. She is admitted to the Federal Southern and Eastern District Courts of New York and has been admitted pro hac vice to the United States District Court for the Districts of Puerto Rico and Hawaii and state courts of New Jersey. Her professional memberships include the American Association for Justice, New York State Trial Lawyers Association, New York Women's Bar Association, New York City Bar Association and the New York County Lawyers Association. She is additionally a member of the American Business Women's Association and Parents League of New York.

 

Within days of her very first job as an attorney at a large nationwide defense firm based in New York, Mrs. Pagan met attorney William Pagan with whom she partnered in marriage and the law. Fifteen years later, she embarked on a dual career by adding motherhood, after having enjoyed raising her stepdaughter through to college. Mrs. Pagan's two young children share her passion for cooking, baking and whenever possible the chance to travel.

 

Free Consultation

Name:*

Phone:*

Email:*

Tell us more:*


The Pagan Law Firm, P.C.

805 Third Avenue, Suite 1205
New York, New York 10022
Phone: (212) 967-8202
Fax: (212) 967-8794
Get Directions

 

Proud Sponsor
Big Brothers Big Sisters of New York City

FAQs

Cerebral Palsy

Medication Errors

Ladder Accidents

Auto Accidents

Misdiagnosis / Delayed Diagnosis

Birth Injuries

Fetal Distress

Failure to diagnose cancer

Medical Malpractice

Traumatic Injuries

Surgical Mistakes

Plastic Surgery

Placenta Abruption

Prenatal Infections

Severe Newborn Jaundice

Umbilical Cord Entrapment

Clavicle Fractures

View All