Saturday, September 9, 2017

NY State Settles Mago Case for $22 Million

Yesterday, both ESPN and BoxingTalk reported that the family of heavyweight boxer Magomed Abdusalamov ("Mago") has agreed to settle its personal injury suit against the State of New York and certain officials of the New York State Athletic Commission ("Commission") for the sum of $22 million.  The settlement encompasses claims made against the state of New York in Thomas v. New York, Case No. 126865 in the New York State Court of Claims, as well as claims against the Commission's Chief Medical Officer Barry Jordan and an inspector (and former boxer) Matthew Farrago in Thomas v. Farrago, Case No. 505880/2014, in the Supreme Court of the State of New York, County of Kings.

Mago was injured in his bout with Mike Perez at Madison Square Garden on November 2, 2013. Mago appeared to take a hard forearm to the face in the first round and visibly complained to his corner.  Mago fought on and went the full ten rounds with Perez in what was a very spirited and competitive bout.  After being examined by Commission doctors in his dressing room, Mago was allowed to leave the arena on his own and soon after started vomiting.  He was taken to the hospital in a taxi by his handlers where he was diagnosed with a subdural hematoma.  He was then operated on to relieve the pressure on his brain and placed in an induced coma.

According to the ESPN report, Mago, 36, is still unable to walk and is paralyzed on the right side of his body.  His speech is also severely impaired and his doctors have stated he may never walk again.

The complaint filed in the Supreme Court, County of Kings, named Farrago, Jordan, as well as ringside doctors Anthony Curreri, M.D., Osric King, M.D., Avery Browne, D.O., Gerard Varlotta, D.O., referee Benji Esteves, Jr., promoter K2 Promotions, LLC and the venue MSG Holdings, L.P., as defendants.  All but Curreri, King, Varlotta and Esteves have now been dismissed from the case.

On June 29, 2017, Mago's attorneys filed a note of issue in the Supreme Court that they are ready for trial. Their most recent filing was a good faith demand letter to the attorneys of defendant doctors Curreri, King and Varlotta that they settle for the limits of their insurance coverage, which would net an additional $6.2 million for Mago.

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