Defense Verdict in New York County
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.
The case involved claims that the OB/GYN improperly performed a circumcision on the infant-plaintiff which resulted in redundant foreskin and disfigurement. The plaintiffs also alleged that pediatricians who treated the infant shortly after the circumcision failed to recognize the condition of the penis which caused the infant to lose the opportunity to have a revision of the circumcision performed under local as opposed to general anesthesia.
The defense argued that the outcome of the circumcision was a recognized complication of the procedure and did not represent malpractice. The claims against the pediatricians were dismissed after the Court granted the defendants’ motion to preclude the plaintiffs’ OB/GYN expert from testifying regarding issues concerning pediatric urology.
At the close of this two week trial, the jury returned a defense verdict in favor of the OB/GYN finding that the circumcision was performed appropriately.