Defense Verdict in New York County
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.
At trial, it was argued successfully that there were no signs or symptoms of an appendiceal carcinoid to warrant any additional investigation by the defendants. It was also argued that since the carcinoid had metastasized to the plaintiff’s liver years prior to the alleged malpractice, and that the seventeen-month delay in diagnosis was not a proximate cause of any injury because the liver metastases were never resectable. After a nine-week trial, the jury returned a defense verdict in favor of the defendant gastroenterologist.