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HPM&B Obtains Dismissal
HPM&B successfully opposed plaintiff’s application for leave to file a late notice of claim.  After their order to show cause for leave to file a late notice of claim was denied in Queens County for improper venue, plaintiffs filed a summons and complaint and an OSC for leave to file a late notice of claim ...
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HPM&B Secures Early Discontinuance for Hospital in High Exposure Infant Case
HPM&B successfully defended a Rockland County hospital in a brain damaged baby case.  Plaintiff claimed that the co-defendant attending obstetrician and the labor and delivery nurse negligently failed to properly interpret the fetal heart rate tracing and that there was a delay in performing a Cesarean section delivery, which resulted in hypoxic-ischemic brain damage to ...
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Action Arising From Report of Child Abuse Dismissed by Supreme Court, New York County
HPM&B successfully obtained a dismissal on behalf of a pediatrician affiliated with a major medical institution.  Plaintiffs, parents of an infant-patient, claimed that the pediatrician improperly reported them to child protective services because of a personal animus towards the parents.  Plaintiffs’ Complaint asserted causes of action for negligence, gross negligence, negligent infliction of emotional distress, ...
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Summary Judgment Dismissal
Congratulations to Peter DeNoto, Corey Schmidt, and Jesse Lubin for obtaining summary judgment dismissal of all claims by the estate of a decedent against a defendant cardiologist in Supreme Court, Nassau County.  The decedent was on Coumadin, an anticoagulant, to prevent a stroke from atrial fibrillation, which is a form of an arrhythmia.  After examining ...
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Summary Judgment Dismissal Affirmed
The Appellate Division, Second Department affirmed a lower court’s decision granting summary judgment dismissing the complaint and denying the plaintiff’s cross motion for leave to amend the pleadings to allege a new theory of liability.  Daniel S. Ratner, ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal on behalf of a major metropolitan hospital, a Neurosurgeon, and a Thoracic Surgeon.  Plaintiff alleged that that the defendants improperly performed a spinal surgery upon plaintiff, resulting in damage to the surrounding nerves and subsequent pain and numbness.  Plaintiff also alleged that the procedure was unnecessary, contraindicated, utilized a ...
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Summary Judgment Awarded in Kings County Medical Malpractice Action
HPM&B recently obtained summary judgment dismissal of a medical malpractice action on behalf of a major New York City hospital resulting in the dismissal of all claims.  Plaintiff alleged that the hospital providers, particularly a dedicated nurse practitioner, failed to timely diagnose and treat cellulitis during a brief Emergency Room admission. Partner Emmet Donnelly ...
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Summary Judgment Dismissal
HPM&B recently obtained summary judgment dismissal of a medical malpractice and defamation action on behalf of an international outpatient dialysis company.  Plaintiff alleged he was improperly involuntarily discharged from dialysis after threatening to reenact a “Columbine Massacre” at the dialysis clinic.  Plaintiff alleged this information was disseminated to NYPD, as well as other dialysis clinics ...
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Summary Judgment Dismissal
Partner Katherin Crossling successfully moved for summary judgement on behalf of a hospitalist and his employer, a large Westchester based multi-specialty practice, resulting in dismissal of all claims. Decedent, an elderly man with numerous co-morbidities was admitted to the hospital with pneumonia. He was treated and then sent home where he died two days later. ...
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On Appeal From an $8.3 Million Judgment, New Trial Ordered In New York Personal Injury Action
HPM&B’s client, a public utility, was granted a new trial on damages on the ground that a Brooklyn trial court erred in instructing the jury that defendant had the burden of proving that the automobile accident in question did not cause the plaintiff’s injuries.  Two years after being involved in an automobile accident with ...
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