Verdicts & Cases

Summary Judgment 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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Mid-Trial Dismissal in Nassau County

Mr. DeNoto obtained a dismissal on behalf of a prominent New York medical institution on February 28, 2014.
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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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Summary Judgment in Queens County

HPM&B recently obtained summary judgment on behalf of a municipal hospital in a case involving an alleged failure to timely diagnose and treat endocarditis, resulting in a stroke. Plaintiff had a long-standing history of rheumatoid and osteoarthritis which precipitated numerous visits to the emergency room for knee and hip pain, culminating in an admission for an infectious left knee with septic arthritis. Endocarditis was later confirmed. Despite being treated for endocarditis with Vancomycin, plaintiff exhibited slurred speech and became aphasic. She then experienced a stroke, leaving her permanently disabled and non-verbal.
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Two Summary Judgment Dismissals In New York County

HPM&B recently obtained summary judgment dismissals on behalf of a university medical center in Manhattan.
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Defense Verdict in Queens County

Michael Sullivan received a defense verdict on August 16, 2011 before the Honorable Duane A. Hart in Queens County Supreme Court in a medical malpractice action.
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Defense Verdict in Queens County

On July 8, 2011, Daniel G. May obtained a defense verdict on behalf of a major metropolitan hospital in a wrongful death action.
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Mid-Trial Dismissal from Queens County

On June 21, 2011, Peter DeNoto obtained a dismissal of all claims against the Chief of Pediatric Critical Care Medicine at a prominent New York medical institution.
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Appellate Division Affirms Dismissal Based On Untimely Notice Of Claim

The Appellate Division, Second Department has affirmed the dismissal of a medical malpractice action, holding that the Supreme Court, Westchester County properly denied plaintiff’s motion for permission to serve a late notice of claim against a municipal hospital.  In Matter of Gentile v. Westchester Medical Center, 2011 NY Slip Op 06558 (2d Dep’t Sep. 20, 2011), sixty-three-year-old petitioner-appellant Robert Gentile, who suffered from congestive heart failure, diabetes, and amputations, was admitted to respondent Westchester Medical Center for emergency heart surgery.  His medical history included two heart attacks, non-insulin dependent diabetes mellitus, hypertension, hypercholesterolemia, and amputated toes.  He was admitted in grave condition to WMC for “acute coronary intervention.”  After emergency heart surgery, plaintiff was transferred to the Intensive Care Unit in “critical condition.”  During the next few weeks, Mr. Gentile was diagnosed with, and treated for, numerous life-threatening conditions stemming from his heart disease and over all poor health, including a tracheostomy to help with respiration.  A few weeks later, a CAT scan indicated Mr. Gentile had suffered a left middle cerebral artery stroke.  Over sixteen months after his discharge, appellant sought leave to file a late Notice of Claim against WMC and respondent Westchester County Health Care Corporation.  Plaintiff alleged that WMC’s failure to control his electrolytes and sodium levels during his nine-week admission caused him to suffer a stroke.
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Appellate Practice Group Obtains Reversal and Dismissal Of Obstetrical Malpractice Action

In Fernandez v. Moskowitz, __ A.D.3d __,  925 N.Y.S.2d 476 (1st Dep’t 2011), the Appellate Division, First Department reversed the denial of a summary judgment motion and dismissed all claims against HPMB’s client, a major medical center in Manhattan, and the codefendant obstetrician-gynecologist who delivered the infant-plaintiff by emergency Caesarean section.   The Appellate Division agreed with our position that plaintiffs failed to adequately rebut defendants’ prima facie showing that the infant plaintiff did not suffer a hypoxic-ischemic brain injury related to his birth.  Nor did plaintiffs’ experts adequately rebut defendants’ additional showing that the infant’s genetic visual impairments could not be causally related to an alleged failure to diagnose intrauterine growth retardation, a prolapsed umbilical cord and/or failing to lift the infant’s head off of the umbilical cord prior to an emergency cesarean section.   Plaintiffs were seeking multi-million dollars in damages.
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Defense Verdict in Richmond County

Denise A. Holzka obtained a defense verdict on behalf of a Staten Island obstetrician in a medical malpractice action claiming that an infant plaintiff sustained hypoxic-ischemic brain injury due to negligence during labor and delivery.
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Defense Verdict in Connecticut

On June 3, 2011, Madonna A. Sacco received a defense verdict in a medical malpractice case venued in the Bridgeport, Connecticut Supreme Court.
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Defense Verdict in New York County

Elizabeth Cornacchio received a defense verdict in New York County in a medical malpractice case against a major metropolitan hospital and doctor.
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Defense Verdict in the Bronx

On July 1, 2010, Charles L. Bach, Jr., received a defense verdict on behalf of a major metropolitan area medical center in the Supreme Court, Bronx County in a medical malpractice action.
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Defense Verdict in New York County

Luke M. Pittoni received a defense verdict in New York County Supreme Court on November 8, 2010 in a medical malpractice case brought against our clients, an interventional cardiologist and a major metropolitan area hospital.
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Defense Verdict in Nassau County

Luke M. Pittoni received a defense verdict in a medical malpractice case in Nassau County Supreme Court.
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Defense Verdict in Queens County

On October 26, 2010, Anthony M. Heller received a defense verdict in a podiatry/vascular medicine case in which plaintiff alleged that our client, a podiatrist failed to timely refer her to a co-defendant vascular surgeon, resulting in a below-the knee amputation.
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Defense Verdict in Kings County

Louise A. Derevlany obtained a defense verdict on behalf of a cardiologist in a medical malpractice case involving the insertion of a pacemaker to control the plaintiff’s episode of bradycardia so that a beta blocker could be given to treat tachycardia.
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Defense Verdict in Nassau County

On February 4, 2010, Anthony M. Heller received a defense verdict in Nassau County Supreme Court in a podiatry case.
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Defense Verdict in Queens County

Austa S. Devlin received a defense verdict in an orthopedic case in Queens County Supreme Court on April 28, 2009.
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Defense Verdict in New York County

Garrett P. Lewis received a defense verdict on behalf of a major metropolitan hospital and a general surgeon in New York County Supreme Court in a wrongful death case.
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Defense Verdict in New York County

Terrence St. John obtained a defense verdict in New York County Supreme Court in a case involving infiltration of contrast material into plaintiff’s right hand when contrast material was injected rapidly and under pressure to perform a pulmonary angiogram.
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Defense Verdict in New York County

On June 23, 2009, Robin R. Dolsky received a defense verdict in a medical malpractice case on behalf of a prominent surgeon.
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Defense Verdict in Connecticut Superior Court

Bruce F. Gilpatrick recently obtained a defense verdict in a wrongful death case brought by the estate of a 68-year-old business executive against a Board Certified Urologist in Stamford, Connecticut.
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Defense Verdict In Suffolk County

On December 2, 2009, Anthony M. Heller obtained a defense verdict in a podiatry case on behalf of a Long Island podiatrist in the Suffolk County Supreme Court.
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Second Defense Verdict in New York County

Marc Hyman recently won a second defense verdict in a case concerning an alleged failure to timely diagnose a pelvic granular cell tumor in a 45-year-old woman by our client, a gynecologic oncologist.
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Defense Verdict in Bronx County Supreme Court

Elizabeth Cornacchio recently obtained a defense verdict in a birth injury case tried in Bronx County Supreme Court against a hospital.
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Connecticut Appellate Affirms Dismissal of Complaint

Connecticut General Statutes Section 52-190a requires that a plaintiff attach to his complaint a good faith certificate from his attorney and a letter from a similar health care provider stating a belief that there is evidence of medical negligence.  Failure to comply makes the complaint subject to a motion to dismiss.
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Summary Judgment Dismissal Obtained on Behalf of Pediatrician

Vincent L. Gallo successfully obtained summary judgment dismissal on behalf of a New York County pediatrician in a case in which plaintiffs alleged that HPM&B's client failed to diagnose a congenital hip dislocation.
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Appellate Division Upholds Disclosure of Hospital Records Without Patient’s Permission

New York State Mental Hygiene Law section 9.60, also known as Kendra's Law, allows New York courts to order mandatory assisted outpatient treatment for psychiatric patients. Courts may order a non-hospitalized psychiatric patient to take specific medications, undergo routine urine and blood testing, remain in specified residential living arrangements, and attend weekly counseling. A patient who fails to comply may be hospitalized involuntarily without the need for further court intervention.
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Brain Injury Claim Dismissal in New York County

The Supreme Court, New York County (Schlesinger, J.) has set aside a $9.25 million verdict and dismissed a complaint against an HPM&B client, a neurosurgeon who had been found 50% liable.  Plaintiff's decedent, an heiress to the Mellon fortune, sustained catastrophic neurological injuries when she was struck by a moving truck.  It was alleged that HPM&B's client should have quickly performed surgery instead of relying on information given to him by a resident that the decedent had no brain stem function and thus could not be saved. ...Full Announcement

 

State Claims Against HPM&B Client Dismissed under Federal Preemption Doctrine

Interpreting the Supreme Court's 2008 decision in Riegel v. Medtronic, Inc., a Westchester County judge has dismissed claims sounding in negligence and product liability following plaintiffs' decedent's death from injuries he sustained while undergoing a Magnetic Resonance Imaging (“MRI”) test.
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HPMB Client Exonerated After Trial in Staten Island

A Staten Island jury has exonerated the estate of a pediatrician who was sued for malpractice by a man stricken with polio after changing his daughter's diaper 30 years ago. The jury simultaneously awarded $22.5 million against the maker of the oral vaccine that passed through her stool.
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VERDICTS & CASES ARCHIVE