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HPMB Ends 25-Year Malpractice Battle with Appellate Victory
In an April 20, 2026 decision, the Appellate Term, First Department affirmed a directed verdict for our client in a medical malpractice action that was brought over a quarter of a century ago. The plaintiff alleged that our client, a podiatrist, as well as two codefendant orthopedic surgeons, negligently misdiagnosed a foot fracture back ...
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Unanimous Defense Verdict in Orthopedic Surgery Case
HPMB’s Partner Jeff Tymann recently obtained a unanimous defense verdict on behalf of an orthopedic surgeon in Supreme Court, Ulster County. The case involved an alleged negligently performed total hip revision surgery, resulting in the fracture of the femoral component implant seven months after the surgery. The patient required a very complex seven-hour second ...
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First Department Grants Summary Judgment in Full in Pediatric Malpractice Case
Greg Freedman secured a significant appellate victory in an April 2 decision, in which the First Department modified the trial court’s underlying order to grant our clients summary judgment in full, resulting in a complete dismissal of claims. The case was brought in Bronx Supreme by the mother of a child who had ...
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Summary Judgment Dismissal Secured in Queens County Neurosurgery Case
Attorneys Adam Kaufman, Joseph Ferencik, and John McNaboe obtained summary judgment dismissal in a complex neurosurgery malpractice action in Queens County Supreme Court. The plaintiff alleged that the defendants were negligent in their performance of a neurosurgical procedure and that such alleged departures resulted in injury. In support of the motion, the defense ...
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Bronx Supreme Court Grants Summary Judgment for Major Bronx Hospital in Premises Liability Case
In a decision issued on April 7, 2026, Justice Guzman in Bronx County Supreme Court granted our summary judgment motion submitted on behalf of one of the largest hospitals in the Bronx area in a general liability case in which plaintiff claimed to have suffered injuries to her knees and back as a result of ...
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HPM&B Team Secures Full Dismissal with Pre-Decision Voluntary Discontinuance
Congratulations to Joseph Shmulewitz, John McNaboe, and our team on obtaining a voluntary discontinuance and full dismissal of a medical malpractice action on March 31, 2026. The case involved a 74-year-old patient who expired following complications related to a prior aortic dissection. Plaintiff alleged that a major metropolitan hospital failed to timely diagnose and ...
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Complete Defense Victory: Summary Judgment Secured in Bronx Medical Malpractice Case
HPM&B Attorneys Amitisse Noohi and James Navarro recently secured complete dismissal on summary judgment in Bronx County Supreme Court on behalf of a major metropolitan medical center and a physician’s assistant. Plaintiff claimed the defendants negligently recommended and performed a cardiac ablation procedure, allegedly resulting in an atrio-esophageal fistula that was not timely diagnosed. ...
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Complete Dismissal Secured in Federal Civil Rights Litigation
The HPMB New York City legal defense team secured a complete dismissal of a federal civil rights action in the Southern District of New York, with Judge Naomi Reice Buchwald granting a motion to dismiss filed by Rosalie Tanis. In a 23-page decision, the Court rejected plaintiff’s § 1983 deliberate indifference claims, finding no ...
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Summary Judgement Secured
On March 4, 2026, a motion for summary judgment by Matthew Messina was granted by the Hon. Charles M. Troia, Supreme Court, Richmond County. This case involved claims of emotional distress arising from the stillbirth of an infant. The labor and delivery was managed by a private physician, but plaintiffs attempted to keep the Hospital in the case by claiming ...
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HPMB Secures Full Summary Judgement Dismissal in Medical Liability Case
HPMB is proud to share another summary judgment victory—granted in its entirety. In this case, plaintiff alleged improper performance of an ORIF for a left displaced hip fracture and failure to diagnose and properly treat postoperative complications. Although the allegations largely targeted the codefendant hospital, plaintiff alleged that our hospital was vicariously liable via a theory ...
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