Verdicts & Cases

Summary Judgment Obtained In Dutchess County

HPM&B recently obtained summary judgment on behalf of a major academic center where plaintiff claimed the hospital failed to prevent the development of a sacral pressure ulcer that eventually became infected causing the patient’s death.
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Defense Verdict on Behalf of Private Surgical Group

Robert B. Gibson, assisted by associate Brendan J. Alt, successfully defended two vascular surgeons and their private surgical group in a malpractice case in which the plaintiff alleged that following the placement of an arteriovenous fistula in the left arm, a post-operative infection was not diagnosed and treated in a timely manner.
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Defense Verdict In New York County

Charles L. Bach, Jr., assisted by senior associate Erin K. Kelley, successfully defended a pediatric neurologist in a complex malpractice case in which the plaintiff mother alleged that the treating neurologist failed to diagnose a Chiari I malformation in her then 14-year-old son.
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Defense Verdict In New York County

On April 8, 2014, in a case tried by Charles L. Bach, Jr., a New York County jury found no departure on the part of a prominent hand surgeon who was accused of drilling four Kirschner wires or stainless steel pins into a healthy bone of plaintiff.
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Summary Judgment Obtained In Westchester County

HPM&B recently obtained summary judgment on behalf of an obstetrician/gynecologist and the hospital where plaintiff claimed that as a result of the negligence of the defendants, her daughter suffered brain damage.
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Defense Verdict in Suffolk County

HPM&B partner Robin Dolsky, assisted by senior associate Ana Vizzo, successfully represented an obstetrician in a claim involving neurologically-impaired infant plaintiffs who were delivered at 26 weeks’ gestation. 
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Defense Verdict in Queens County

Senior Partner Chuck Bach and his team successfully defended a major medical center in a Queens County case brought on behalf of a neurologically impaired infant.
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Directed Verdict in New York County

On November 13, 2013, HPM&B received a directed verdict in the Supreme Court, New York County, on behalf of a urologist affiliated with a major academic center in Manhattan.
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Directed Verdict in Bronx County

On October 15, 2013, HPM&B received a directed verdict in the Supreme Court, Bronx County on behalf of a major hospital in the metropolitan area.
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Defense Verdict in Connecticut

On behalf of a cardiologist, Bruce F. Gilpatrick obtained a defense verdict in New Haven, Connecticut Superior Court in a medical malpractice case.
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Defense Verdict in New York County

HPM&B obtained a defense verdict on October 7, 2013 on behalf of an orthopedic spine surgeon in Supreme Court, New York County. 
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Three Cases Dismissed In Favor of HPM&B Clients

In September, HPM&B attorneys gained summary judgment dismissals in two high exposure cases that were venued in The Bronx and another summary judgment dismissal by the Appellate Division, Second Department in a Brooklyn case involving the continuous treatment doctrine.
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Defense Verdict in Connecticut

Bruce F. Gilpatrick received a defense verdict in Bridgeport, Connecticut Superior Court on behalf of a psychiatric nurse and a major hospital.
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Defense Verdict in Staten Island

On June 13, 2013, Peter DeNoto received a defense verdict in Staten Island on behalf of a prominent podiatrist, and earlier in the trial, he received a dismissal of all claims on behalf of another prominent podiatrist.
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Defense Verdict in Westchester

On June 13, 2013, Andrew M. Neubardt received a defense verdict in Westchester County Supreme Court on behalf of an ophthalmologist and a multi-specialty medical group.
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Defense Verdict in New York County

Following two weeks of trial, HPM&B obtained a unanimous defense verdict in New York County Supreme Court in a wrongful death case brought by the estate of a local nephrologist against a urological surgeon.
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Defense Verdict in Connecticut

On June 7, 2013, HPM&B received a defense verdict in Middletown Superior Court on behalf of an obstetrician/gynecologist.  The case arose out of a twin pregnancy which ended in a premature delivery of the babies at 24 weeks gestation.  One of the twins died shortly after birth.  The other twin survived, but the plaintiff claimed that the child sustained multiple permanent injuries, including a brain damage due to an intraventricular hemorrhage.
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Defense Verdict in Kings County

On May 2, 2013, Darshan I. Patel obtained a defense verdict in Supreme Court, Kings County on behalf of his client, a urologist in private practice in New York City.
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Defense Verdict in New York County

On May 1, 2013, HPM&B obtained a defense verdict in New York County Supreme Court on behalf of a major metropolitan hospital.  It was claimed that the infant-plaintiff developed meconium aspiration syndrome and later asthma because the hospital’s neonatology team did not properly manage his resuscitation at birth.  The infant-plaintiff was born covered in meconium, with compromised tone and depressed respirations.  The plaintiffs argued that the neonatology staff should have intubated and suctioned meconium from the newborn’s trachea before providing positive pressure ventilation.  To support this contention, the plaintiffs relied on an algorithm from a neonatal resuscitation training book which indicates that all non-vigorous infants born in the presence of meconium should be intubated and suctioned shortly after birth.  It was alleged that meconium was forced into the infant’s lungs when the neonatology team performed positive pressure ventilation.  The contention was that this caused meconium aspiration syndrome which later resulted in permanent asthma that has significantly impacted the child’s life.
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Defense Verdict in Connecticut

Madonna Sacco recently obtained a defendant's verdict in Superior Court, Judicial District of Middlesex, Middletown Connecticut.   Plaintiff claimed that HPM&B's client, an obstetrician/gynecologist, applied excessive traction during the delivery of the infant-plaintiff, causing the infant to suffer shoulder dystocia.  The case had been previously tried to a defendant's verdict but was appealed by the plaintiff.  The Connecticut Appellate Court reversed the verdict and remanded the case for a new trial on the issue of an incorrect charge on mitigation of damages.  The Appellate Court concluded that the actions of the parents in failing to obtain treatment for their child was admissible at trial.  During the re-trial, this evidence was introduced and the jury again returned a verdict for the defendant.
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Defense Verdict in New York County

HPM&B received a defense verdict in New York County Supreme Court on February 19, 2013 on behalf of a major metropolitan hospital and a pediatric hematologist.
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Defense Verdict in New York County

On January 17, 2013, Karen T. Grottalio obtained a defense verdict in New York County Supreme Court on behalf of a prominent colon and rectal surgeon who practiced at a major metropolitan medical center.
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Summary Judgment in Westchester County

HPM&B recently obtained Summary Judgment on behalf of an obstetrician/gynecologist and a hospital where plaintiff claimed that as a result of the negligence of the defendants, she was forced to undergo a dilation and evacuation procedure while pregnant, followed by a total hysterectomy because of extensive bleeding.
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Summary Judgment in Suffolk County

HPM&B recently obtained Summary Judgment on behalf of a radiologist and a radiology group in a case involving the alleged failure to diagnose a bleeding pituitary tumor.  The patient presented to the Emergency Room at a Long Island hospital with various complaints, including a headache.  A CT of the head was interpreted as negative by the defendant radiologist who was working as a “nighthawk” radiologist in another state performing preliminary reviews of films at that local hospital.  Approximately eight hours later, the film was reinterpreted by a hospital radiologist as demonstrating the presence of a pituitary tumor.  There also was a one-day delay in notifying the patient of the tumor, and the patient was unable to obtain an MRI for several days due to a holiday weekend.
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In Case Of First Impression, Court Rejects Claim That Premature Birth Causes Autism/Pervasive Developmental Disorder

In what appears to be a case of first impression nationally, the Supreme Court, Richmond County has rejected a claim against HPM&B’s client, a large utility company, that an accident leading to the premature birth of an infant plaintiff caused the infant to develop autism or Pervasive Developmental Disorder (PDD).
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Motion to Dismiss Granted in Bronx County

HPM&B recently obtained an order of dismissal of a case against a major municipal corporation and a neurological surgeon.
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Defense Verdict in Connecticut

On behalf of a major Connecticut hospital, Madonna A. Sacco and Nancy M. Marini received a defense verdict in Stamford Superior Court in a medical malpractice action. 
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Defense Verdict in Kings County

On May 16, 2012, Raphael J. Berman obtained a defense verdict in Brooklyn on behalf of a general surgeon and a major metropolitan hospital center in a case in which the plaintiff experienced complications from two separate abdominal surgeries. 
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Defense Verdict in New York County

Marc Hyman obtained a defense verdict in New York County in a medical malpractice case on behalf of a pain management specialist.
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Defense Verdict in Kings County

On May 25, 2012, Robert B. Gibson and Laura A. Del Vecchio received a defense verdict in Kings County Supreme Court on behalf of a gynecological oncologist and a major metropolitan hospital.
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Defense Verdict in Bronx County

On April 20, 2012, HPM&B received a defense verdict in Bronx County Supreme Court on behalf of a major metropolitan hospital.
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Summary Judgment in Westchester County

HPM&B recently obtained Summary Judgment on behalf of a Medical Clinic located in Westchester County in a case involving the alleged failure to provide anticipatory guidance to the plaintiff-mother relative to lead paint exposure resulting in alleged neurological deficits to the infant-plaintiff.  The child had been a pediatric patient of the clinic since the time of his birth.  The records documented the fact that anticipatory guidance was given to the plaintiff-mother beginning at 9 months relative to the risk of lead paint exposure and the child also had a normal lead level at the age of one year.  The child was not brought back for his routine well baby visits in either 15 months, 18 months and 24 months of age.  However, the child had several sick visits between the ages of 1 and 2.  A lead level obtained at 26 months was severely elevated and the child was diagnosed with cognitive deficits.
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Defense Verdict in Queens County

Peter DeNoto obtained a defense verdict in Supreme Court, Queens County on behalf of a renowned New York medical institution.
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Defense Verdict in Nassau County

Charles L. Bach, Jr. obtained a defense verdict in Nassau County on behalf of a renowned gastroenterologist who had perforated the colon of his then 50-year-old ulcerative colitis patient during a routine screening colonoscopy performed in the office on November 9, 2005.  The perforation was diagnosed later that day and the patient was transferred to a nearby medical center where the co-defendant colorectal surgeon, represented by John Lyddane of Martin Clearwater and Bell, performed a subtotal colectomy before locating the perforation, leaving the rectum in place for a subsequent restorative procedure called a J Pouch Repair.
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Defense Verdict in Bronx County

On January 13, 2012, Terrence St. John received a defense verdict in Bronx County Supreme Court in a medical malpractice case against a major metropolitan hospital and doctor.
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Three Consecutive Days, Three Venues, Three Victories for HPM&B Clients

In early December, HPM&B achieved a rare feat on behalf of its clients:  two defense verdicts on consecutive days on the heels of a major summary judgment victory in federal court.
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VERDICTS & CASES ARCHIVE