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Verdicts & Cases
Defense verdict received in Richmond County medical malpractice action
On September 22, 2008, Darshan I. Patel received a defense verdict on behalf of a medical/neurosurgical group following a trial in the Supreme Court, Richmond County. Plaintiff, a former New York City Sanitation Department Worker, alleged defendants performed a spinal decompressive laminectomy at left L5-S1 despite radiological studies indicating a predominately right sided disc herniation. Among other things, plaintiff complained that the surgery exacerbated his chronic back pain and that he needed SSI disability benefits.
...Full Verdict
Defense Verdict Received In Westchester County Medical Malpractice Action
Elizabeth Cornacchio obtained a defense verdict in Westchester County on September 24, 2008 on behalf of an obstetrician/gynecologist who performed a laparoscopic procedure to evaluate plaintiff’s complaints of pelvic pain. During the procedure bleeding was encountered which required conversion to a “mini-laparotomy.” Subsequently the patient has a small bowel evisceration requiring a second procedure to free the herniated bowel, and she underwent a third procedure to remove a previously unknown wound seroma capsule, which was thought to be the result of a hemorrhage after prior surgery.
...Full Verdict
Defense Verdict Obtained in Bronx County Medical Malpractice Action
On August 7, 2008, Peter DeNoto received a defense verdict in Supreme Court, Bronx County on behalf of a major metropolitan hospital center.
...Full Verdict
Defense Verdict Received In Bronx County Medical Malpractice Action
Anthony M. Heller obtained a defense verdict in a leg amputation case on behalf of a podiatrist on July 28, 2008 in the Bronx County Supreme Court.
...Full Verdict
Defense Verdict Received In Bronx County Medical Malpractice Action
On June 26, 2008, Elizabeth Cornacchio obtained a defense verdict in the Bronx County Supreme Court on behalf of a urologist treating a patient with severe benign prostatic hypertrophy (BPH). Plaintiff, then 55 years old, had had urinary problems for four years and voided approximately every two hours during the daytime and four times during the night. When he had the urge to urinate, he could not control himself and reported a sharp pain and pressure during urination located in the bladder.
...Full Verdict
Defense Verdict Received in New York County Medical Malpractice Action
Robert B. Gibson obtained a defense verdict in a New York County case for an obstetrician/gynecologist (OB/GYN) and a major medical center in New York City in March, 2008. The case was tried before Judge Joan B. Lobis.
...Full Verdict
Defense Verdict in Kings County Dental Malpractice Case
Corey Schmidt obtained a unanimous defense verdict in June, 2008 in a Kings County dental malpractice action.
...Full Verdict
Defense Verdict in New York County Brain-Damaged Baby Case
On February 11, 2008, Robin R. Dolsky obtained a defense verdict on behalf of a major Manhattan medical center in a law suit brought by one of New York’s most prominent plaintiff’s medical malpractice firms. The case involved the 1999 premature delivery of the infant-plaintiff a little over a week after the plaintiff-mother was admitted to the defendant hospital in pre-term labor, and approximately 60 hours after the mother's premature rupture of membranes.
...Full Verdict
Defense Verdict Received in New York County Medical Malpractice Action
On February 20, 2008, Raphael J. Berman obtained a defense verdict on behalf of an obstetrical group charged with failing to bring the plaintiff in for an examination and sonogram to rule out retained products of conception following a postpartum bleeding episode.
...Full Verdict
Unanimous New York County Jury Exonerates Harlem Hospital in $25 Million Lawsuit
Chuck Bach successfully defended the staff of Harlem Hospital against allegations of prenatal and pediatric malpractice in a hotly-contested trial during which plaintiff’s counsel sought more than $25 million in damages.
...Full Verdict
Summary Judgment Dismissal Obtained In Connecticut Action
Vimala B. Ruszkowski successfully obtained Summary Judgment dismissal on behalf of a Connecticut hospital and its emergency department physician. Plaintiff alleged that he presented to the Emergency Department in October of 1999 complaining of symptoms consistent with Lyme Disease and that the “on call” Emergency physician failed to diagnose the disease. Plaintiff further alleged that the failure to diagnose Lyme Disease in the Emergency Department led to: 1) an improper psychiatric admission at another Connecticut Hospital; 2) the administration of electroconvulsive therapy; 3) consequent brain damage and 4) a delay in the diagnosis of Lyme Disease. Plaintiff, a former Emergency Department physician himself, claimed significant monetary damages owing to an alleged permanent inability to practice medicine.
...Full Verdict
Defense Verdict Reinstated on Appeal; Failure to Poll Jury Deemed Harmless Error
In Duffy v. Vogel, 2007 N.Y. Slip Op. 10075 (1st Dep't 2007), Marc Hyman obtained a defense verdict in a medical malpractice case involving the alleged failure to diagnose and properly treat a malignant tumor. The trial court later granted plaintiff's post-trial motion for a new trial on the ground that it had failed to poll the jury upon taking the verdict. The court relied on centuries-old case law holding that jury polling is an "absolute" right.
...Full Verdict
$14 Million Judgment Reversed on Appeal
HPM&B's Appellate Practice Group achieved one of the most significant appellate victories in New York in 2007. In DeCrescenzo v. Gonzalez, __ A.D.2d __, 847 N.Y.S.2d 236 (2d Dep't 2007), a medical malpractice action involving a brain-damaged child, a Brooklyn judge entered a judgment totaling $14 million following a jury trial which was marked by inconsistent rulings and patent bias in favor of the plaintiffs. The Appellate Division held that defendants were deprived of a fair trial by the cumulative effect of the lower court's conduct, which included presenting the 4-year-old plaintiff with a box of candy in front of the jury and later giving each juror a gift when the trial broke for the holidays.
...Full Verdict
Successful Defense of Neurosurgeon in Kings County
On December 4, 2007, Elizabeth Cornacchio obtained a defense verdict for a neurosurgeon charged with the negligent performance of a transcranial procedure to remove a prolactin secreting tumor of the pituitary gland in a 46-year-old man. Plaintiff alleged that failure to perform the surgery transphenoidally was a departure from the standard of care, and that he was inadequately informed of the risks of the transcranial approach. Post-operatively the plaintiff sustained right sided blindness.
...Full Verdict
Jury Finds CT Nursing Home Not Negligent
John F. Costa successfully represented another Connecticut nursing home and received a verdict in which the jury determined that the nursing home's staff was not negligent in the death of a resident who choked when he was served the wrong meal tray. The jury found that the 93-year-old resident was given the wrong meal tray by the codefendant nurse's aide who was supplied by a nursing referral service as a strike replacement worker.
...Full Verdict
Defense Verdict obtained in Medical Malpractice Case
Vincent Gallo recently obtained a defense verdict on behalf of a gastroenterologist who is affiliated with a major medical center in New York City . The claims arose from an alleged failure to diagnose a appendiceal carcinoid with liver metastasis. Plaintiffs alleged that the defendant ignored various findings on a CT report and other clinical symptoms.
...Full Verdict
Defense Verdict in New York County Medical Malpractice Case
ICharles Bach obtained a defense verdict for a prominent hand surgeon in October, 2007 in a New York County case in which plaintiff claimed that defendant’s surgical and post-operative care were improper thereby causing the patient to suffer reflex sympathetic dystrophy (RSD) or complex regional pain syndrome (CRPS).
...Full Verdict
Defense Verdict in Medical Malpractice Case
In September, 2007, Karen T. Grottalio obtained a defense verdict in a medical malpractice case on behalf of a municipal hospital involving an alleged negligent intubation while plaintiff’s treating physicians were preparing the patient for surgery. As a result, the plaintiff underwent an emergent tracheotomy, which caused scarring, subglottic stenosis and required additional surgery.
...Full Verdict
Attorneys Karen T. Grottalio and Laura S. Murphy Receive A Favorable Decision In Potential Medical Malpractice Case on Behalf of an Infant
Karen T. Grottalio, with the assistance of associate Laura S. Murphy, Esq., successfully obtained a decision denying plaintiff’s order to show cause why she should not be permitted to file a late notice of claim on behalf of her infant allegedly injured as a neonate at a local hospital. Although the Court required two separate oral arguments before rendering its decision, our lawyers prevailed on the law and plaintiff’s order to show cause was denied.
...Full Verdict
Defense Verdict in Connecticut Nursing Home Fall Case
John F. Costa obtained a defense verdict in June, 2007 in a Connecticut nursing home lawsuit in which a resident’s 67-year-old daughter fell while leaving the facility and tore a rotator cuff requiring surgical repair.
...Full Verdict
Summary Judgment Dismissal Obtained On Behalf Of Major Metropolitan Hospital
Darshan I. Patel successfully obtained Summary Judgment dismissal on behalf of a major metropolitan hospital in a case in which plaintiff, a former New York City police officer, alleged that our client failed to properly treat and discharge a psychiatric patient. The patient, who suffered from Chronic Paranoid Schizophrenia and had a violent felony history, subsequently slashed plaintiff during a police raid, resulting in multiple facial lacerations and scarring. ...Full Verdict
Defense Verdict in New York County Medical Malpractice Action
On January 25, 2007, Robert Gibson, obtained a defense verdict in New York County Supreme Court on behalf of an ophthalmologist and a major laser eye surgery center. ...Full Verdict
In Product Liability Action, Punitive Damages Claim Dismissed on Appeal
On December 27, 2005, the Appellate Division affirmed the dismissal of a punitive damages claim against our client, a major manufacturer of MRI machines, in a highly-publicized suit arising from the tragic death of a young boy when a ferrous oxygen tank was drawn into the machine's magnetic field. ...Full Verdict
Defense Verdict in Queens County Medical Malpractice Wrongful Death Action
Raphael J. Berman recently obtained a defense verdict in a wrongful death action in Queens County Supreme Court on behalf of a cardiologist who was requested to render a consultation on a patient who had a longstanding history of severe rheumatoid arthritis. The patient had been admitted with sinus tachycardia and bilateral leg edema. ...Full Verdict
Defense Verdict in Connecticut Medical Malpractice Action
John F. Costa successfully defended a Connecticut hospital and its emergency department physician in a case involving a failure to diagnose infected hardware used to treat pelvic and hip fractures. ...Full Verdict
Defense Verdict In Suffolk County Medical Malpractice Case
Robin R. Dolsky won a defense verdict representing one of our major Long Island Hospitals and its Chief of Cardiology and the Director of Cardiac Catheterization Lab. ...Full Verdict
Defense Verdict in Queens County Medical Malpractice Case
Austa S. Devlin won a defense verdict in New York Supreme Court, Queens County, on behalf of an orthopedist who treated a patient with a fracture of the lateral posterior tibial plateau. ...Full Verdict
Defense Verdict in Connecticut Long-Term Care Case
John F. Costa recently obtained a defense verdict in Litchfield, Connecticut on behalf of a nursing home in a case brought on behalf of a resident who was claimed to have suffered brain damage as a result of the defendants' negligence. ...Full Verdict
Gibson and Thomas Obtain Summary Judgment in Nursing Home Case
Robert Gibson and Gillian Thomas successfully moved for summary judgment dismissal of a wrongful death case alleging negligent care at a long term care facility. ...Full Verdict
Suit Against Hair Transplant Surgeons Dismissed on Statute of Limitation Grounds
HPM&B attorney Vincent Gallo successfully moved to dismiss a lawsuit commenced against two physicians specializing in hair transplant surgeries. ...Full Verdict
Defense Verdict in New York County Medical Malpractice Case
Vincent Gallo recently obtained a defense verdict in New York County on behalf of two vascular surgeons who evaluated a patient following a vein-stripping and ligation surgery. ...Full Verdict
Suit Against Ringside Doctors Dismissed on Statute-of-Limitations Grounds
HPM&B attorney John P. McNaboe successfully moved to dismiss a lawsuit filed by the widow and the estate of the boxer Beethavean Scottland, who died following a bout on the U.S.S. Intrepid in 2001. ... Full Verdict
Appellate Practice Group Obtains Reversal Based on Plaintiff's Reliance on an Unqualified Medical Expert
Dan Ratner and Daryl Paxson of HPM&B's appellate practice group recently obtained a reversal and dismissal of a medical malpractice complaint, convincing the Appellate Division, Second Department that plaintiff's expert, in opposition to a summary judgment motion, failed to adequately demonstrate his credentials for offering an opinion as to a standard of care that was outside his area of specialization. ...Full Verdict
Defense Verdict In Bronx County
John Costa recently obtained a defense verdict in Bronx County on behalf of a gynecological surgeon who performed a laparoscopy for an ovarian cyst. ...Full Verdict
Gallo Wins Summary Judgment In Augmentation Case
HPM&B attorney Vincent L. Gallo obtained a summary judgment in a penile augmentation case on June 30, 2005 in the Bronx County Supreme Court. ...Full Verdict
Gibson Obtains Directed Verdict On Behalf Of Neurologist
On May 13, 2005, Robert Gibson, Esq. obtained a directed verdict in Supreme Court, Westchester County on behalf of a neurologist involved in the treatment of a patient who had suffered a stroke. ...Full Verdict
Defense Verdict in Manhattan
On March 15, 2005, Charles L. Bach obtained a defense verdict on behalf of a Manhattan plastic surgeon against whom plaintiff sought $2 million in damages. ...Full Verdict
Defense Verdict in Richmond County
In February, 2005, Denise Holzka obtained a jury verdict in Richmond County on behalf of a hospital sued for medical malpractice. ...Full Verdict
Defense Verdict in Kings County
On October 6, 2004, in a Brooklyn courtroom, Charles L. Bach obtained a defense verdict on behalf of a a Manhattan hospital and its chief of neurosurgery ...Full Verdict
John Costa Receives Defense Verdict in AIDS Phobia Case
John Costa received a defense verdict in a bench trial in an AIDS phobia case. ...Full Verdict
Daniel Ratner and Raphael Berman Prevail On Appeal In Podiatry
CaseAfter having two toes amputated because of peripheral vascular disease, plaintiff sued HPM&B's client, a podiatrist, for malpractice on a theory that ...Full Verdict
Defense Verdict in Supreme Court, Kings County
Luke M. Pittoni successfully defended the chief of perinatology at a major New York medical center in a brain-damaged infant case, achieving a favorable jury verdict in Brooklyn on May 10, 2004. ...Full Verdict
Sullivan Wins Defendant's Verdict in New York County
Michael Sullivan obtained a defense verdict for a family practice physician in New York County in a case involving allegations that .... Full Verdict
Gallo Wins Defense Verdict in New York County
Vincent Gallo won a defense verdict in favor of a plastic surgeon in ...Full Verdict
Hyman Wins Defense Verdict in Richmond County
Marc Hyman won a defense verdict in Richmond County on behalf of ...Full Verdict
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