Susan M. Karten, One of the Most Well-known and Respected Personal Injury Lawyers in the Country

Professional Overview

Susan M. Karten is the founder and senior partner of New York's Susan M. Karten & Associates. She began her career in law by serving at the highest Court of the State of New York, The Court of Appeals, as protégé to Associate Judge Jacob D. Fuchsberg. Judge Fuchsberg was one of the most respected judges and trial lawyers in the nation. Ms. Karten served under his tutelage for nearly fifteen years.


After Ms. Karten served at the state's highest court, she joined Judge Fuchsberg in private practice and handled some of the most significant cases in his office. After two years, she established her own law firm and has been in private practice in New York City since 1986. Over her career, Ms. Karten has handled cases involving women's health issues, brain damage infant cases, Erbs Palsy cases, surgical mishaps, policy brutality and construction labor law. She is most well-known for handling numerous cases resulting in multi-million dollar verdicts and settlements in the areas of medical malpractice and personal injury.

Ms. Karten is best known for her representation of Dr. Veronica Prego, who developed AIDS when she was struck with an AIDS contaminated needle at Kings County Hospital in Brooklyn. Dr. Prego was the first health care worker in the country to test positive for AIDS as a result of a needle stick injury. After eight weeks of trial testimony, a significant settlement was reached for Dr. Prego. The significance of Dr. Prego's suit was that sharp needle stick holders became commonplace in hospitals in the U.S. to prevent needle stick injuries to health care workers.

After her victory in the Prego case, Ms. Karten represented numerous families who lost loved ones in the tragic fire at the Happy Land Social Club. The lawsuit was brought against the City of New York for permitting an illegal social club to operate at the premises in the Bronx, where mostly Honduran people died. The Happy Land case was eventually settled in the amount of twenty million dollars. As a result of the lawsuit, the laws changed in New York City concerning required safety codes in after hour social clubs.

Ms. Karten is also known for representing the family of Anthony Baez against the New York City Police Department. She won a record settlement of three million dollars, which was the highest ever paid by the City in a wrongful death lawsuit involving police brutality. After the Baez case, police procedures changed in New York City and Ms. Karten's vigorous representation of the family culminated in a film called "Every Mother's Son."

She successfully represented a young infant who was dragged in his stroller by a moving train. The case resulted in a verdict of more than twelve million dollars, which is one of the largest verdicts obtained against New York City Transit Authority.

In 2003, Ms. Karten received one of the top one hundred verdicts in the nation when she secured a thirty-eight million dollar malpractice verdict for the family of a brain damaged infant who was exposed to Group B Strep meningitis at the time of birth. In 2008, she started work on the 91st Street crane collapse case and focused on the construction industry and their practices. Ms. Karten represents the family of Ramadan Kurtaj, an Albanian immigrant who was killed at the construction site. A trial date is now scheduled for February 2014.

In 1985, Ms. Karten served as a member of Chief Judge Judith Kaye's Jury Project. From 1987 to 1989, she served as Dean of the New York State Trial Lawyers Continuing Legal Education Programs. Ms. Karten served as President of The Brooklyn Law School Alumni Association from 2002 to 2004 and she served on the Appellate Division, First Department's Grievance Committee from 2002 to 2007. She has been inducted into the prestigious Melvin M. Belli Society. Ms. Karten currently teaches at The Benjamin N. Cardozo School of Law as part of their NITA Program on Trial Advocacy. She has lectured extensively on the specific issues confronting Women Trial Lawyers. Ms. Karten serves as mentor to many women lawyers who are beginning their careers.

Over the years, Ms. Karten has been awarded with several distinctions. She is the recipient of the New York State Trial Lawyers Association Outstanding Service Award. Ms. Karten received the President's Award from the New York State Trial Lawyers Association. She earned the Lawyer of the Year Institute of Jewish Humanities and the Marymount Manhattan College Distinguished Alumni Achievement Award. Ms. Karten was also profiled by CNN as one of three women throughout the world in their "Women in the Millennium" series.

She was born in Brooklyn and raised in Massapequa, N.Y. Ms. Karten graduated with a B.A. Cum Laude from Marymount Manhattan College and she earned her J.D. from Brooklyn Law School. She is married and has one child.

When the fearless attorney isn't working, Ms. Karten enjoys listening to Soul, Blues, Jazz and all of her 60s favorites. She also loves to go out dancing. Ms. Karten is a New York Yankees fan. She is a frequent visitor to Brooklyn's Peter Luger Steakhouse and Boca Raton's Max's Grille. Ms. Karten is currently reading Sherill Tippins' Inside the Dream Palace - Life and Times of the Chelsea Hotel. She prefers reading biographies and memories.

Ms. Karten's Memories and Motivations

Why did Ms. Karten decide to become an attorney? She asserted:

"I did not have a traditional pathway to the law. I started working at age 19 for one of the Masters in Tort Law, Jacob D. Fuchsberg. I was his secretary at the time he was one of America's foremost trial lawyers. After he was elected to the New York State Court of Appeals in 1975, at his insistence, I returned to college and then law school at night.During his entire tenure at the Court I attended law school and worked full time at the Court as his Executive Assistant. In 1983, the year I graduated Brooklyn Law, Judge Fuchsberg was forced to retire from the bench and asked me to join him in practice in New York City.

I spent the next two years working with him in the Court Room being mentored to handle large complex civil cases at his firm. Judge Fuchsberg was a brilliant trial lawyer and was my mentor. I stayed at his firm until 1985 when I joined another fellow Court of Appeals colleague and opened my own law firm. My experiences at the highest Court fueled my passion and desire to be a lawyer. It was a great learning experience to see first hand how Judges deliberate and make decisions. I have carried that experience with me all throughout my career."

So what is the best part of her job? Ms. Karten stated:

"The best part of my job is getting to work on interesting and cutting edge cases. I have the privilege of meeting people from all walks of life and at a time when they are at their most vulnerable. I enjoy helping them not only legally but enjoy navigating with them through difficult times, sometimes acting as a spiritual advisor as well as legal counselor. It is interesting to observe how families process catastrophic injuries and death and the profound changes they experience. All of my clients are forever part of my family."

What is Ms. Karten known for professionally? What does she have a knack for?" I am known for being a fierce litigator. (I have even been called a legal lioness). I have a knack for thinking out of the box. I like to take chances on new theories and present evidence in new and exciting ways. As a trial lawyer you need to stay cool and innovative."

In regards to her strengths and one weakness, she said, "I am dogged and passionate in the causes I take on. Sometimes I become too immersed in my cases, and lose track of what's going on in the world. Being a child of the sixties I believe in change and use my cases to bring about important reforms."

When asked what does she think about personal injury litigation today, Ms. Karten replied:

"I believe the most important concept in personal injury litigation is the contingency fee system. It allows those who are without funds to be represented by the best and brightest in the profession and ultimately compete with the corporate giants -- insurance companies. As far as challenges, lawyers in the area of personal injury are always fighting off caps on awards, particularly pain and suffering,and governmental immunities that exist under municipal law. It is a constant fight."

If she weren't a lawyer, what would she probably be doing? "I would have gone into investigating reporting. I love investigating and love journalism."

Where does Ms. Karten see herself in five years? "I see myself on the beach for several months a year and then spending the rest of my time working with Lawyers Without Borders. I am anxious to travel to remote places and empower women regarding their civil rights."

What motivates her to be an attorney everyday? "Injustice motivates me to be a strong, confident and passionate voice for those who don't have a voice."

How does the New Yorker want to be remembered? "How I live my life speaks for itself. I have been blessed to have a full and rich life both personally and professionally. I have no regrets. I tried to live my life with purpose and meaning and I would like to be remembered as making a difference."

High Profile Cases

Ms. Karten obtained one of the top 100 verdicts in the U.S. when she secured a 38 million dollar malpractice verdict for the family of a brain damaged infant. What did she learn from this case? Ms. Karten acknowledged:

"The Frank case was a very difficult one from a medical point of view. It was also one of the most tragic because of how brain injured the infant was. The defense had basically sent out word that no doctor should take the stand to support the plaintiff. So it was a great challenge to find the right expert in the case. However, I was able to find a doctor who believed in our case and the facts and medicine propelled us to a large verdict. It reinforced in me my motto 'NEVER GIVE UP.'"

She represented Dr. Veronica Prego, who developed AIDS after she was struck with an AIDS contaminated needle at Kings County Hospital. What did this case mean to Ms. Karten? She noted:

"The Prego case changed the way hospitals throughout the country dispose of dirty needles. The mandating of SHARP containers in all rooms was a direct result of the Prego case. Every major law firm in New York had turned the case away prior to my agreeing to get involved in the case. I am most proud of the fact that the legislature also changed the law regarding speedy trial in circumstances where there is proof that plaintiff has a shortened life expectancy as a result of the defendant's negligence. However, most important, despite the fact that the testimony in the trial was that Dr. Prego in 1990 had less than a year to live,she is still with us."

She served as lead counsel in the Happy Land fire lawsuit. This lawsuit helped change the laws in New York City regarding the safety code for after hour social clubs. How significant was this case for the families who lost their loved ones? "When I visited the families in Honduras to advise them of their rights, I couldn't comprehend how many children lost parents -- 91. 21 young men and women were left widowed, 49 elderly people lost children. There were eight families who lost two members each. It was probably one of the toughest moments for me -- looking at those beautiful children whose lives were forever changed."

Ms. Karten holds the record for one of the largest verdicts against New York City Transit Authority (12.7 Million Dollars) for representing an infant who was dragged in his stroller by a moving train. Did this lawsuit have an impact on the way New York City Transit Authority protects their customers? "After the accident, in Martinez v. New York City Transit Authority, the TA changed the rules -- requiring anyone who takes a stroller on the train platform to close the stroller prior to entering the train car. The rules for conductors also changed requiring closer monitoring of the mirrors on trains."

Ms. Karten is currently handling the 91st Crane Collapse Litigation on behalf of the wrongful death plaintiffs, which is scheduled for trial in February 2014. How is this case going for her? She stated:

"I represent a construction worker who was on the street working when a 24 year old tower crane separated from the turntable plummeting 240ft to the ground. The crane operator and my client were killed and many others injured. The case, despite being an open and shut one on liability, has been going on for five and half years. This May 30, 2014 will be the sixth year. It has been a tough struggle getting the case to trial. The case has been bogged down with delays, stays and criminal prosecutions. However, we are hopeful once started, the case will shine a bright spotlight on the construction industry practices in New York and particularly crane safety or the lack thereof."

According to a November 26, 2013 article called "Investigating the dangers of cranes in New York City," Ms. Karten discusses the risk of crane operators. What got her interested in construction safety? She admitted:

"I am very interested in crane safety since it affects all of us that walk the dense streets of New York City. Over the last five and half years, I have spoken out forcefully on the lack of enforcement by the City and Department of Buildings over crane owners in allowing their cranes to go up without much oversight.Last week, Mayor Bloomberg introduced legislation to the City Council incorporating a great number of the issues I have addressed through my lawsuit. Particularly, the Mayor is seeking to outlaw the use of any crane over 25 years of age in the City. I am most proud that Mayor Bloomberg heard our concerns and hopefully crane safety will be improved here in New York City."

Non-Profit Organizations, Inspiring Women, Being Profiled by CNN and Ms. Karten's Goals

Is Ms. Karten involved with any non-profit organizations? "I started an internship program with City Schools and Private Schools allowing young high school students to intern in our office and other law offices around the City. Several of my high school interns have gone on to law school and graduated recently."

She has lectured extensively on the specific issues confronting Women Trial Lawyers. Does Ms. Karten consider herself a role model for women? She said:

"It is important for women trial lawyers to reach back and help other women. Women today are in need of role models, other women who have faced similar gender related issues either in a court room setting or in a law firm. Younger women need to hear from those of us who have been in the trenches fighting the battle for years in what still is a male dominated profession. Over the last twenty years we have seen more women in the court rooms, but there are still not enough -- especially trying cases. This winter, I will be addressing the New York State Bar Association in a seminar dealing with Gender Issues in the Courtroom. There is still a need to discuss these issues and I hope my experiences in the courtroom can help other women navigate the tricky issues women face in the courtroom."

In January 2000, Ms. Karten was profiled by CNN as one of three women throughout the world in their "Women in the Millennium" series. What did this mean to her? "The CNN profile was an exciting moment for me. To be profiled with two other women, one a journalist and one a carpenter meant a lot to me. However, my daughter Ruby, who appeared in the piece, and is now 24, still shows it to her friends and is most proud of her mom."

Does she have goals? "My goals are to continuing living, continue loving and continue serving."